Diminished Criminal Responsibility: A Multinational Comparative Review

International Journal of Law and Psychiatry, Volume 91, 2023, 101919, ISSN 0160-2527, https://doi.org/10.1016/j.ijlp.2023.101919. (https://

39 Pages Posted: 25 Sep 2023

See all articles by E. Lea Johnston

E. Lea Johnston

University of Florida Levin College of Law

Kendall Runyan

University of Florida, Levin College of Law, Students

Fernando José Silva

Universidade Autónoma de Lisboa

Francisco Maldonado Fuentes

Universidad de Talca, Chile

Date Written: August 26, 2023

Abstract

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.

Keywords: Criminal responsibility, Diminished responsibility, Comparative, Involuntary treatment, Criminal sentencing, Mental disorder

Suggested Citation

Johnston, E. Lea and Runyan, Kendall and Silva, Fernando José and Maldonado, Francisco, Diminished Criminal Responsibility: A Multinational Comparative Review (August 26, 2023). International Journal of Law and Psychiatry, Volume 91, 2023, 101919, ISSN 0160-2527, https://doi.org/10.1016/j.ijlp.2023.101919. (https://, Available at SSRN: https://ssrn.com/abstract=4571289 or http://dx.doi.org/10.2139/ssrn.4571289

E. Lea Johnston (Contact Author)

University of Florida Levin College of Law ( email )

P.O. Box 117625
Gainesville, FL 32611-7625
United States

Kendall Runyan

University of Florida, Levin College of Law, Students ( email )

P.O. Box 117625
Gainesville, FL 32611-7625
United States

Fernando José Silva

Universidade Autónoma de Lisboa ( email )

Lisbon
Portugal

Francisco Maldonado

Universidad de Talca, Chile ( email )

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