部分精神失常

名词

neolog

partial insanity

noun

Comparative law notes

China

Article 18 of China's Criminal Law does not recognise different degrees of insanity. However, it does recognise that if the crime was commited at a time when the person has not yet completely lost his ability to recognise or control his own conduct, the person shall still bear criminal responsibility but he may be given a lesser or a mitigated punishment.

Definitions of partial insanity

English

a mental state that does not allow a person to form the intent necessary to do a particular crime but which does not cause the person to be considered insane (=not responsible because of mental illness)

Defence counsel went on to say that his client suffers from a brain injury and has a diminished capacity.

English

a defence used by a person charged with a crime that they were in such a mental state at the time of the offence that they could not form the intent necessary to commit the crime they are charged with

Today's decision to abandon the settled defence of diminished capacity defies common sense and reason.