CAUSES OF IRRESPONSIBILITY
LexInter | April 25, 2002 | 0 Comments

CAUSES OF IRRESPONSIBILITY

CHAPTER II: Causes of irresponsibility or mitigation of responsibility
Article 122-1
Is not criminally responsible the person who was suffering, at the time of the facts, of a psychic or neuropsychic disorder having abolished his discernment or the control of his acts.
The person who was suffering, at the time of the facts, of a psychic or neuropsychic disorder having altered his discernment or impeded the control of his acts remains punishable; however, the court takes this circumstance into account when determining the sentence and fixing the regime.
Article 122-2
A person who has acted under the influence of a force or a constraint which he could not resist is not criminally responsible.
Article 122-3
The person who justifies having believed, through an error in the law that he was not able to avoid, to be able to perform the act legitimately is not criminally liable.
Article 122-4
The person who performs an act prescribed or authorized by legislative or regulatory provisions is not criminally liable.
The person who performs an act ordered by the legitimate authority is not criminally liable, unless this act is manifestly illegal.
Article 122-5
The person who, in the face of an unjustified attack on himself or others, performs, at the same time, an act ordered by the necessity of self-defense of himself or of others, is not criminally liable, except if ‘there is a disproportion between the means of defense employed and the seriousness of the infringement.
The person who, in order to interrupt the execution of a crime or an offense against property, performs an act of defense, other than intentional homicide, when this act is strictly necessary for the aim pursued, is not criminally liable. provided that the means employed are proportionate to the gravity of the offense.
Article 122-6
  The person who performs the act is presumed to have acted in self-defense:
1 ° To repel, at night, entry by break-in, violence or ruse into an inhabited place;
2 ° To defend oneself against the perpetrators of theft or pillaging carried out with violence.
Article 122-7
The person who, faced with a current or imminent danger which threatens himself, others or property, performs an act necessary to protect the person or property, is not criminally liable, unless there is a disproportion between the means employed and the seriousness of the threat.
Article 122-8
( Law n ° 2002-1138 of September 9, 2002 art. 11 Official Journal of September 10, 2002)
Minors capable of discernment are criminally responsible for the crimes, misdemeanors or contraventions of which they have been found guilty, under conditions fixed by a specific law which determines the measures of protection, assistance, supervision and education which they can make. the object.
This law also determines the educational sanctions that can be pronounced against minors from ten to eighteen years old as well as the penalties to which minors from thirteen to eighteen may be sentenced, taking into account the reduction of responsibility they enjoy because of their age.

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