Non-imputability is linked to non-criminal responsibility.
Non-imputability is a term that is linked to the condition of non-imputability . An unimpeachable subject is one who is not criminally responsible for an offense that he committed since he is not in a position to understand his actions or the consequences thereof.
For example: "The judge decreed the accused's non-imputability after receiving the results of the psychological tests" , "The murderer's lawyer seeks to obtain a declaration of his client's non-imputability" , "Inimputability does not apply in this case, since "The accused is aware of what he did."
Imputability and non-imputability
The concept of non-imputability carries another notion: imputability . Imputability implies that a person understands that his or her actions affect the interests of others; Therefore, he adapts his behavior to this understanding. If the individual lacks this understanding, he or she is not responsible and, therefore, is not criminally responsible for the harm he or she causes.
Non-imputability can be declared due to psychological disorders or lack of maturity (the latter case corresponds to crimes committed by children). Being unimpeachable, the subject not only does not have criminal responsibility for his behavior , but he is also not declared guilty at a legal level.
A judge is the one who decrees the non-imputability of a person.
Causes of declaration
Specifically, we can establish that within the judicial field four fundamental causes are established to declare the non-imputability of a person:
• Minority. Thus, in the Spanish penal code , it is established that only those over 16 years of age can be held criminally responsible for the acts they have committed.
• Mental alienation. Within this group are psychosis, oligophrenia or mental weakness, among others.
• Alternations in perception. For someone to enjoy non-imputability based on those, it is required that the same ones suffered by that person be from birth or from childhood. However, it is essential that they seriously affect the perception of reality.
• Transient mental disorder . This term refers to what would be the disturbance of mental faculties that an individual experiences at a certain moment and for a short period of time. It differs from alienation because it is permanent and it is not, it is temporary.
Example of non-imputability
It can be said, therefore, that non-imputability is a circumstance that exempts someone from responsibility and guilt in their actions. Suppose a man diagnosed with schizophrenia attacks another man and causes a brain injury. The victim decides to sue the aggressor but the judge, after a psychological examination, warns about his condition as a schizophrenic and declares that he cannot be held accountable. In any case, the magistrate orders medical treatment since he considers that the aggressor is dangerous to society .
In addition to all of the above, we would have to state that we can also speak of semi-imputability. What does that mean? Basically, the person in question, when carrying out a specific crime, is not impeachable but has a diminished type of imputability.
The cases in which it is present are based on situations such as infrequent drunkenness, acting on stimuli that have given rise to an obstinacy or outburst, the person being under 18 years of age and over 16 years of age...