'Incapacity - national proceedings' in document 'Cape Verde - Penal Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

Cape Verde Legislative Decree 4/2003 of 18 November 2003 - PENAL CODE

VOLUME I - GENERAL PROVISIONS

TITLE II - PUNISHABLE DEEDS

CHAPTER I - DEFINING CRITERIA OF PUNISHMENT

Article 18
(Absence of responsibility by reason of psychological abnormality)

1. No one may be considered responsible who, at the time of committing a deed, was incapable of assessing the unlawfulness of the deed, or of conducting himself accordingly, by reason of a psychological abnormality.

2. The provisions of the preceding paragraph shall apply in those cases where a person is wholly intoxicated as a result of having consumed alcoholic beverages, narcotics, psychotropic or toxic substances, or other substances producing similar effects.

3. The possibility of being considered responsible shall not be ruled out if the psychological abnormality or the situation described in the preceding paragraph was brought about by the perpetrator with the intention of committing the deed, or if the carrying out of the deed was or ought to have been foreseen by the perpetrator.