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 White paper on crime 2004 Part1/Chapter2/Section5 

Section5 Offensesby Mentally Disabled Persons

  Under the Law Concerning Mental Health and Welfare of Mentally Disabled Persons(Law No.123of1950;hereinafter referred to as the"Mental Health and Welfare Law"in this section),"mentally disabled persons"refers to any person who suffers from schizophrenia,acute poisoning by mental functional drugs,addiction to mental functional drugs,intellectual disability,personality disorder,or other mental disabilities.
  Article39of 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 have such discernment but are unable to act on it,are treated as insane persons and should therefore not be punished.Also,persons whose ability of discernment or ability to act on such discernment is extremely limited are treated as quasi-insane persons,and their punishment is mitigated accordingly.