What laws apply to a person who committe...

Asked by Busi on 22-06-2022 11:54:01
Question posted in the Criminal Law category relating to Gauteng

What laws apply to a person who committed a crime while clinically depressed and is undergoing treatment?

Information Requested by Lawyer

Posted by Att. Patrick on 22-06-2022 15:10:02

Hi there, 

I am a practicing attorney based in South Africa and I will assist you with your question. Please feel free to ask as many follow up questions in order to clarify your question. If you have a new question, you must please open a new thread.

Can you please explain a little bit more about the background of your question? What happened?

Awaiting your further information.

Att. Patrick

Answer to the Question

Posted by Att. Patrick on 24-06-2022 12:02:29

If a person is clinically depressed and is undergoing treatment, that does not mean that such a person lacks the capacity to commit a crime. If that person commits a crime, he/she can be arrested, charged, and taken to trial.

The only way for this to change is for a court to declare that this person lacks the capacity to appreciate the wrongfulness of his/her actions because he/she is insane. 

If a court declares the person to be insane, then the person will be found not-guilty, however the person will be sent to a mental institution for further treatment.

If you would like to view the entire answer, you will need to either login or register a FREE account.

Disclaimer

DISCLAIMER: Advice or answers from Lawyers on SA Legal Advice are not substitutes for the proper advice of an Lawyer. SA Legal Advice is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Lawyer who assists with your question is not your Lawyer, and the response above is not to be considered to be legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains. The responses above are from individual Lawyers, not SA Legal Advice. The site and services are provided “as is”. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service.