'Incapacity - national proceedings' in document 'Kiribati - Penal Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

PART IV
GENERAL RULES AS TO CRIMINAL RESPONSIBILITY

Presumption of Sanity
11. Every person is presumed to be of sound mind, and to have been of sound mind at any time which comes in question, until the contrary is proved.


Insanity
12. Subject to the express provisions of this Code and of any other law in force a person shall not be criminally responsible for an act or omission if at the time of doing the act or making the omission he is through any disease affecting his mind incapable of understanding what he is doing, or of knowing a that he ought not to do the act or make the omission:

Provided that a person may be criminally responsible for an act or omission, although his mind is affected by disease, if such disease does not in: fact produce upon his mind one or other of the effects above mentioned in reference to that act or omission.