publication . Article . 2015

Tilregnelighet og utilregnelighet : begreper og regler

Anna Linda Gröning;
Open Access Bokmål, Norwegian; Norwegian Bokmål
  • Published: 25 May 2015
  • Publisher: Nordisk Tidsskrift for Kriminalvidenskab
  • Country: Norway
Abstract
As in many other countries, the Norwegian criminal law requires sanity at the time of the offense as a condition for criminal responsibility. In the legal discourse, sanity is conceived as a capability for guilt – “skyldevne” – which amounts to capacity for criminal responsibility or criminal capacity. Yet the rules of the criminal law do not define or even mention sanity. They do, however, provide criteria for the conditions that negate sanity, thus implying insanity. According to Section 44 of the Norwegian Criminal Code, a person who was psychotic, unconscious or highly mentally retarded at the time of the offense cannot be held liable for a penalty. The curr...
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