Insanity Defense in Criminal Law in Portugal

https://doi.org/10.5281/zenodo.17289836

Abstract

This study analyzes the law defending insanity in Portugal. The doctrinal legal analysis research method was carried out to study the law of the insanity defense in Portugal. Article 20 of the Penal Code of Portugal 1982 deals with the law on the insanity defense in Portugal. An offender with a mental disorder cannot be declared guilty for his crime in Portugal. However, merely having a mental disorder cannot be considered as evidence of being legally insane; rather, there are certain legal parameters to determine the criminal responsibility of an offender specified by criminal law in Portugal. A mental health evaluation of an offender is mandatory to determine his legal insanity. The law in Portugal is recommended to be amended to make a standardized criterion of legal insanity. Moreover, the introduction and implementation of a standard format and procedure of mental health evaluation in Portugal is also recommended.

Keywords: Crime, Health, Insanity, Mental, Law