Insanity Defense in Criminal Law in France

Abstract

The aim of this research is to study the insanity defense in the criminal law in France. The doctrinal legal analysis research method was used to study the insanity defense in criminal law in France. The law in France recognizes the defense of insanity in Article 122-1 of the French Penal Code, 1994. An accused is not considered guilty of his criminal acts in France if he was suffering from a mental health condition at the time of the offense, which destroyed his ability to understand or control his actions. French criminal law also recognizes the doctrine of diminished capacity apart from the insanity defense. However, a mental health evaluation of an accused by mental health professionals to establish the legal insanity of the accused is mandatory in France. The law on the insanity defense in France is recommended to be amended to make it more comprehensive and to better address the cases of voluntary intoxication of the accused and consequent insanity.