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?

Message from the 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

Message from the Lawyer

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.

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