Poland

The Penal Code

GENERAL PART

Chapter III.
Exclusion of penal liability

Article 31. § 1. Whoever, at the time of the commission of a prohibited act, was incapable of
recognising its significance or controlling his conduct because of a mental disease, mental deficiency or
other mental disturbance, shall not commit an offence.

§ 2. If at the time of the commission of an offence the ability to recognise the significance of the
act or to control one's conduct was diminished to a significant extent, the court may apply an
extraordinary mitigation of the penalty.

§ 3. The provisions of § 1 and 2 shall not be applied when the perpetrator has brought himself to a
state of insobriety or intoxication, causing the exclusion or reduction of accountability which he has or
could have foreseen.

Keywords

Incapacity
Insanity
Mental disease or defect



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