'Mental disease or defect - national proceedings' in document 'Spain - Criminal Code (ENG)'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

BOOK I
General provisions on felonies and misdemeanours, the persons responsible, the penalties, security measures and other consequences of criminal offences

TITLE I
On felonies and misdemeanours

CHAPTER II
On the causes of exclusion from criminal accountability

Article 20

The following persons shall not be criminally accountable :

1. Those who, at the time of committing a crime, due to any mental anomaly or alteration, cannot comprehend the unlawful nature of the act, or to act in line with that comprehension.

A transitory mental disorder shall not cause exoneration from the punishment when provoked by the subject in order to commit the offence, or when he would or should have foreseen that it would be committed.

BOOK I
General provisions on felonies and misdemeanours, the persons responsible, the penalties, security measures and other consequences of criminal offences

TITLE I
On felonies and misdemeanours

CHAPTER VI
General provisions

Article 25

For the purposes of this Code, all persons who suffer an illness of a persistent nature that prevents them from controlling their person or assets themselves shall be deemed incapable, whether or not their incapacity has been declared.