Lexipedia

Criminal responsibility

Criminal responsibility concerns whether an offender had the mental capacity and fault required to be held punishable for an unlawful act.

Criminal responsibility in Swiss law is part of culpability. A person is punishable only if they could understand the wrongfulness of the act and act according to that understanding. Mental disorder, severe impairment of consciousness, intellectual disability or comparable serious conditions may exclude responsibility. If capacity is only substantially reduced, the court may mitigate the sentence. Responsibility is assessed at the time of the act and usually requires expert psychiatric evaluation where serious doubt exists.