'Insanity - national proceedings' in document 'Lesotho - Penal Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

PART II - GENERAL PRINCIPLES OF CRIMINAL LIABILITY

Insanity
19. (1) For the purposes of subsection (2), every person is presumed to be of sound mind and to have been of sound mind, until the contrary is proved.

(2) No person shall be convicted of a criminal offence if he or she proves on the balance of probabilities that at the time of the commission of the offence he or she was suffering from mental disorder of such a nature that he or she was substantially unable to appreciate the wrongfulness of his or her actions or that he or she was unable to conduct himself or herself in accordance with the requirements of the law.

(3) Where proof of mental disorder is established, the court shall return a verdict of insanity and order the detention of the person in terms of section 172 of the Criminal Procedure and Evidence Act 1981.