Section 4 Offenses by Mentally Disabled Persons Under the Law concerning Mental Health and Welfare of Mentally Disabled Persons (hereinafter referred to as the "Mental Health and Welfare Law" in this section), "mentally disabled persons" refers to any person who suffers from schizophrenia, an acute poisoning by mental functional drugs, addiction to mental functional drugs, intelligence impairment, personality disorder, and other mental disabilities. Additionally, Article 39 of the Penal Code stipulates as follows: (a) when insane persons commit criminal acts, they shall not be punished; (b) when quasi-insane persons commit criminal acts, they shall be given a reduced sentence. Therefore, in criminal trials, persons who, due to mental disability, are unable to discern between right and wrong of their own actions, or who are able to make such discernment but are unable to act on it, are treated as insane persons and should therefore not be punished. Also, persons whose ability to make such discernment or to act on such discernment is extremely limited are treated as quasi-insane persons, and their punishment is mitigated accordingly. Mentally disabled persons above are different from insane persons and quasi-insane persons in the definition, and not all mentally disabled persons fall under the category of insane persons and quasi-insane persons.
|