Insanity - national proceedings

Marshall Islands

Marshall Islands - Criminal Code 2011 EN

PART I - GENERAL PROVISIONS
ARTICLE 4. RESPONSIBILITY

§4.01. Mental Disease or Defect Excluding Responsibility.
(1) A person is not responsible for criminal conduct if at the time of such conduct, the person, as a result of mental disease or defect, was unable to appreciate the nature and quality of his or her acts or the wrongfulness of his or her acts.
(2) As used in this Article, the terms "mental disease or defect" include any abnormal condition of the mind which substantially affects mental or emotional processes and substantially impairs behavioral controls, but do not include an abnormality manifested only by repeated criminal or otherwise antisocial conduct.
(3) Irresistible impulse. The inability of the person to control his or her actions is a defense

§4.02. Evidence of Mental Disease or Defect Admissible When Relevant to Element of the Offense.
Evidence that the defendant suffered from a mental disease or defect is admissible whenever it is relevant to prove that the defendant did or did not have a state of mind that is an element of the offense.

§4.03. Mental Disease or Defect Excluding Responsibility is Affirmative Defense; Requirement of Notice; Form of Judgment When Finding of Irresponsibility is Made.
(1) Mental disease or defect excluding responsibility is an affirmative defense.
(2) Evidence of mental disease or defect excluding responsibility is not admissible unless the defendant, at the time of entering his or her plea of not guilty, or within ten days thereafter, or at such later time as the court may for good cause permit, files a written notice of the defendant's intention to rely on such defense.
(3) When the defendant is acquitted on the ground of mental disease of defect excluding responsibility, the decision and the judgment shall so state.

§4.04. Mental Disease or Defect Excluding Fitness to Proceed.
No person who as a result of mental disease or defect lacks capacity to understand the proceedings against such person, or to assist in his or her own defense, shall be tried, convicted, or sentenced for the commission of an offense so long as such incapacity endures.

§4.05. Examination of Defendant.
Whenever the defendant has filed a notice of intention to rely on the defense of mental disease or defect excluding responsibility, or there is reason to doubt the defendant's fitness to proceed, or reason to believe that mental disease or defect of the defendant will otherwise become an issue in the cause, the court may order an examination and a report upon the mental condition of the defendant.

§4.06. Determination of Fitness to Proceed.
When the defendant's fitness to proceed is drawn in question, the issue shall be determined by the court.

§4.07 Reserved.

§4.08 Legal Effect of Acquittal on the Ground of Mental Disease or Defect Excluding Responsibility; Commitment; Release or Discharge.
(1) When a defendant is acquitted on the ground of mental disease or defect excluding responsibility, the court may order the defendant to be committed.
(2) If the court is satisfied that the person may be discharged or released on condition without danger to himself or herself or others, and the interests of justice so require, the court may order his or her discharge or his or her release on such conditions as the court determines to be necessary. If the court is not so satisfied, it shall promptly order a hearing to determine whether such person may safely be discharged or released. Any such hearing shall be deemed a civil proceeding and the burden shall be upon the person to prove that he or she may safely be discharged or released. According to the determination of the court upon the hearing, the person shall thereupon be discharged or released on such conditions as the court determines to be necessary, or shall be committed.

Marshall Islands - Criminal Procedure Act 2005 (2007) EN

PART VI - INSANITY

§156. Insanity at time of offense.

If it is ascertained by the court upon competent medical or other evidence that the accused at the time of committing the offense with which he is charged was so insane as not to know the nature and quality of his act, the court shall record a finding of such fact and may make an order pursuant to Section 117 of the Public Health and Sanitation Act, 7 MIRC 1.

Rome Statute

Article 31 Grounds for excluding criminal responsibility

1. In addition to other grounds for excluding criminal responsibility provided for in this Statute, a person shall not be criminally responsible if, at the time of that person's conduct:

(a) The person suffers from a mental disease or defect that destroys that person's capacity to appreciate the unlawfulness or nature of his or her conduct, or capacity to control his or her conduct to conform to the requirements of law;

(b) The person is in a state of intoxication that destroys that person's capacity to appreciate the unlawfulness or nature of his or her conduct, or capacity to control his or her conduct to conform to the requirements of law, unless the person has become voluntarily intoxicated under such circumstances that the person knew, or disregarded the risk, that, as a result of the intoxication, he or she was likely to engage in conduct constituting a crime within the jurisdiction of the Court;

(c) The person acts reasonably to defend himself or herself or another person or, in the case of war crimes, property which is essential for the survival of the person or another person or property which is essential for accomplishing a military mission, against an imminent and unlawful use of force in a manner proportionate to the degree of danger to the person or the other person or property protected. The fact that the person was involved in a defensive operation conducted by forces shall not in itself constitute a ground for excluding criminal responsibility under this subparagraph;

(d) The conduct which is alleged to constitute a crime within the jurisdiction of the Court has been caused by duress resulting from a threat of imminent death or of continuing or imminent serious bodily harm against that person or another person, and the person acts necessarily and reasonably to avoid this threat, provided that the person does not intend to cause a greater harm than the one sought to be avoided. Such a threat may either be:

(i) Made by other persons; or

(ii) Constituted by other circumstances beyond that person's control.