My father was once arrested for allegedly promoting marijuana fruiting tops in an alleged purchase bust. Then again, he was once identified with schizophrenia a 12 months in the past. Can my father get away prison legal responsibility as a result of his psychological sickness?
To respond to your query, we will check with the Revised Penal Code (RPC) of the Philippines which comprises a provision that in particular applies on your query, to wit:
“Article 12 of the Revised Penal Code of the Philippines supplies that: “The next are exempt from prison legal responsibility: 1. An imbecile or an insane particular person, except the latter has acted all over a lucid period. When the imbecile or an insane particular person has dedicated an act which the regulation defines as a criminal (delito), the courtroom shall order his confinement in probably the most hospitals or asylums established for individuals thus stricken, which he shall now not be approved to depart with out first acquiring the permission of the similar courtroom. xxx.”
In relation to Solomon G. Verdadero vs. Other people (GR 216021, March 2, 2016) the Ideally suited Court docket via Affiliate Justice Jose Mendoza mentioned:
“Schizophrenia is a prolonged psychological dysfunction characterised via incapability to tell apart between fable and truth, and ceaselessly accompanied via hallucinations and delusions. A appearing that an accused is affected by a psychological dysfunction, on the other hand, does now not routinely exonerate him from the effects of his act. Mere abnormality of the psychological colleges is not going to exclude imputability. xxx Madness should relate to the time straight away previous or simultaneous with the fee of the offense with which the accused is charged. Another way, he should be adjudged in charge for the mentioned offense. Briefly, to ensure that the accused to be exempted from prison legal responsibility underneath a plea of madness, he should categorically display that: (1) he was once utterly disadvantaged of intelligence as a result of his psychological situation or sickness; and (2) such whole deprivation of intelligence should be manifest on the time or straight away earlier than the fee of the offense.” (Emphasis equipped)
It’s transparent from this cited provision and jurisprudence that an accused invoking madness as an exempting circumstance can’t be held criminally liable if he can turn out that he was once utterly disadvantaged of freedom and intelligence on the time of the fee of the crime. You and your recommend should adduce proof to reinforce your declare that your father was once affected by a psychological sickness or dysfunction utterly depriving him of his freedom and intelligence on the time he was once arrested for allegedly promoting marijuana fruiting tops.
We are hoping that we had been ready to reply to your queries. Please be reminded that this recommendation is primarily based only at the info you could have narrated and our appreciation of the similar. Our opinion would possibly range when different info are modified or elaborated.
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