TY - JOUR PY - 2023// TI - Diminished criminal responsibility: a multinational comparative review JO - International journal of law and psychiatry A1 - Johnston, E. Lea A1 - Runyan, Kendall D. A1 - Silva, Fernando José A1 - Maldonado Fuentes, Francisco SP - e101919 EP - e101919 VL - 91 IS - N2 - This article reviews the legal frameworks of diminished criminal responsibility in eighteen civil law jurisdictions across the globe-Brazil, Chile, China, the Czech Republic, Finland, France, Germany, Greece, Italy, Japan, Luxembourg, Poland, Portugal, Russia, Spain, Switzerland, Taiwan, and Turkey. Specifically, it reports the legal standards and main features of partial responsibility, associated penalty reductions, and potential dispositions following a partial responsibility finding. It also surveys empirical data on the prevalence of diminished responsibility as compared to criminal nonresponsibility. This article, which reflects contemporary penal codes and draws from both English and non-English sources, is the only known existing source to compile these partial responsibility standards or to delineate their precise sentencing consequences. It is also the only known source in English to describe Portugal's and Chile's treatment of diminished responsibility. Providing a comparative overview of graduated responsibility in nearly twenty countries invites global discussion on whether and how society should recognize partial responsibility, as well as the punitive and therapeutic consequences that should attend this finding.
Language: en
LA - en SN - 0160-2527 UR - http://dx.doi.org/10.1016/j.ijlp.2023.101919 ID - ref1 ER -