Cambodia

Provisions relating to the Judiciary and Criminal Law and Procedure Applicable in Cambodia during the Transitional Period

CAMBODIA – PENAL CODE

BOOK ONE - GENERAL PROVISIONS

TITLE 2 - CRIMINAL RESPONSIBILITY

CHAPTER 2 - EXCLUSION OF OR DIMINISHED CRIMINAL RESPONSIBILITY

Article 31: Absence of criminal responsibility by reason of mental disorder
A person who, at the time he or she committed an offence, was suffering from a mental disorder which destroyed his or her capacity to reason, shall not be criminally responsible.

A person who, at the time he or she committed an offence, was suffering from a mental disorder which diminished his or her capacity to reason, shall still be criminally responsible. However, the court shall take this into account when it decides the penalty.

A person who, at the time he or she committed an offence, was suffering from a mental disorder resulting from the consumption of alcohol, drugs, or prohibited substances, shall still be criminally responsible.

Keywords

Incapacity - national proceedings
Insanity - national proceedings
Mental disease or defect - national proceedings



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