[Jurisdiction and imputability].

Abstract

Validity, efficacy and responsibility of acts depend on the intelligence and will of the acting subject; therefore when they are reduced or debilitated, these acts may be declared as non-valid and the author, not-responsible for the acts. Some neurological pathologies may generate physical and/or psychic permanent deficiencies, which prevent subjects from acting on their own. For these cases, the law establishes the incapacity state, in order to protect the disabled and complete the reduced ability, guaranteeing their rights and security. The disabled state will be determined by a legal sentence, which states the lack of ability to manage. In that sentence extension and limits of the disability will be determined; disability level will be proportional to the insight degree.Similarly, a subject suffering a pathological condition that invalidates his/her will and intelligence will be considered non-responsible and not imputable, since there is no culpability ability. The Penal Code establishes the criteria that will determine the possibility of imputability or its absence, as well as modifying circumstances.