'Insanity - national proceedings' in document 'Timor-Leste - Criminal Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

BOOK I
GENERAL PART

TITLE II
ON CRIME

CHAPTER I
GENERAL ASSUMPTIONS

Article 21. Exemption from criminal liability by reason of insanity

1. A person is exempt from criminal liability if, due to a mental disorder, he or she is incapable, at the time of committing the act, to comprehend its unlawfulness or to decide accordingly.

2. A person may be declared exempt from criminal liability when, by force of a mental disorder, has, at the time the crime is committed, significantly diminished capacity to appreciate the unlawfulness of such an act or to act accordingly.

3. The proven inability of the perpetrator to be influenced by penalties may be an indication of the situation provided for in the subarticle above.

4. Criminal liability is not excluded when the mental disorder was caused by the perpetrator with the intent to commit the act.