Suspension Of The Execution And Service Of The Penalties In Case Of Insanity
On Criminal Law
Suspension Of The Execution And Service Of The Penalties In Case Of Insanity
Art. 79.
When a convict shall become insane or an imbecile after final sentence has been pronounced, the execution of said sentence shall be suspended only with regard to the personal penalty, the provisions of the second paragraph of circumstance number 1 of Article 12 being observed in the corresponding cases.
If at any time the convict shall recover his reason, his sentence shall be executed, unless the penalty shall have prescribed in accordance with the provisions of this Code.
The respective provisions of this section shall also be observed if the insanity or imbecility occurs while the convict is serving his sentence.
Cases of insanity:
1. After final sentence, suspend the sentence regarding the personal penalties.
2. If he recovers, the sentence is executed unless it has prescribed.
3. The payment of civil or pecuniary liabilities shall not be suspended.
Only execution of personal penalty is suspended: civil liability may be executed even in case of insanity of convict.
An accused may become insane:
a. at the time of commission of the crime
- exempt from criminal liability
b. at the time of the trial
- court shall suspend hearings and order his confinement in a hospital until he recovers his reason
c. at the time of final judgment or while serving sentence
– execution suspended with regard to the personal penalty only
Art. 79.
When a convict shall become insane or an imbecile after final sentence has been pronounced, the execution of said sentence shall be suspended only with regard to the personal penalty, the provisions of the second paragraph of circumstance number 1 of Article 12 being observed in the corresponding cases.
If at any time the convict shall recover his reason, his sentence shall be executed, unless the penalty shall have prescribed in accordance with the provisions of this Code.
The respective provisions of this section shall also be observed if the insanity or imbecility occurs while the convict is serving his sentence.
Cases of insanity:
1. After final sentence, suspend the sentence regarding the personal penalties.
2. If he recovers, the sentence is executed unless it has prescribed.
3. The payment of civil or pecuniary liabilities shall not be suspended.
Only execution of personal penalty is suspended: civil liability may be executed even in case of insanity of convict.
An accused may become insane:
a. at the time of commission of the crime
- exempt from criminal liability
b. at the time of the trial
- court shall suspend hearings and order his confinement in a hospital until he recovers his reason
c. at the time of final judgment or while serving sentence
– execution suspended with regard to the personal penalty only
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