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4. Criminal responsibility
 
  Article 31-Mental state absolutely no defence  
31.1 Mental state absolutely no defence  
  As both cognition and intent are critical factors in determining the level of guilt of an offender and therefore the most appropriate charge(s) under the Criminal Code they should face, the state of mind of the offender is a vitally important consideration.  
  This being said, the permanent and/or temporary state of mind of the offender at the time of committing the offence(s) does not mitigate, nor excuse their full criminal responsibility. Therefore, under the Code, the mental state of an offender may never be used as part or all of a defence against one or more criminal charges.  
31.2 Temporary Mental state and criminal neglect  
  While the mental state of an offender may never be used as part or all of a defence against one or more criminal charges, the temporary mental state of an offender may be used in determining the level of criminal intent of the offender in the initial laying of criminal charges against them.  
  As intent is a key determinant in many crimes as to the severity of the criminal charge against an accussed, under the Code it is permissable to reflect such temporary mental states and lack of cognition of action (such as when the offender was in a state of extreme intoxication from alcohol and/or drugs) to a lesser charge of criminal negligence.  
  However, where intent can be seen to pre-exist the temporary state of insanity, intoxication or lack of cognition, such excuses are not permitted to mitigate intent to a lesser charge of criminal negligence.  
31.3 Permanent Mental state and criminal sentence  
  Where the mental state of an offender can be shown to be permanently impaired from birth or by non self-inflicted physical trauma so that they may be clinically diagnosed as insane, such conditions should be reflected both in the setting of lesser charges of criminal negligence and the conditions of sentence.  
31.4 Automatic adjustment of sentence conditions if insanity is cured  
  Where the present and/or permanent instanity of a convicted offender is used in the allocation of a sentence, and if such condition is found to be reduced by treatment over time, then such a person shall not be eligible for earlier release of sentence but instead shall immediately qualify for an adjusted sentence based on if they had been sentenced as a person with sound mind.  
  Where such an adjusted sentence involves severe penalty such as imprisonment, or other punitive measures, such a person shall be immediately transferred to such punishment. In such cases, the person if relapsing into a state of insanity shall be subject to the mental health services provided within the revised sentence regime.
 
 
 

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