Mental insanity vs Legal insanity

Mental insanity vs Legal insanity

The child was acquitted and discharged from murder under s302 penal code after the councel has successfully established the defence of unsound mind under s84 penal code.

S84 penal code provides :

“Nothing is an offence which is done by a person who, at the time of doing it, by reason of unsoundness of mind, is incapable of knowing the nature of the act, or that he is doing what is either wrong or contrary to law”

Under Section 84 of the Penal Code, criminal liability is excused only for legal insanity—a state where a person cannot understand their actions or know they are wrong—whereas medical insanity is simply a clinical mental health diagnosis by a doctor.

The person must be completely incapable of understanding what they are doing or that it violates the law.

The ruling by the judge was based on the maximum evaluation of the evidences adduced and presented in the open court particularly the psychiatrist from hospital who was testified and cross-examined in the open court.

Gentle reminder :

In Malaysia, under system of separation power, it is is Parliament enacts, amends, and repeals written laws whereas the judiciary (the court) interprets the laws passed by Parliament. Members of Parliament are directly elected by people (rakyat) during general election.

So, please don't put the blame on the judge.

医学上的精神错乱 对比 法律上的精神错乱

少年被告的谋杀罪名不成立，法院是根据刑事法典第84条文：-

“任何人在实施行为时，由于精神不健全，无法认识到该行为的性质，或者无法认识到自己所做的事情是错误的或违法的，那么，该行为本身不构成犯罪”

被告必须完全无法理解自己当时的行为是否违法。

被告犯案时是否无法认识到自己所做的事情是错误或违法的，法官是根据辩方传召的证人的证词，经过控方本身盘问后所得出的结论。精神科专科医生的供词尤其关键。

温馨提醒：

马来西亚实行权力分立制度，国会负责制定、修改和废除成文法律，而司法机关（法院）负责解释国会所通过的法律。国会议员是由人民（rakyat）在大选中所选出。

法官只是在诠释国会所制定的法律，别把责任推到法官身上。