title: [Civil and criminal responsibility of epileptics].
abstract: Since the new Penal Code has come into force, certain sections have been altered, such as those dealing with exculpatory circumstances, and as specialists treating patients with possible mental changes, we should be aware that section 20 now takes the place of the former section 8. The situation of the epileptic with regard to civil and criminal responsibility, has hardly changed. This is not surprising in view of current clinico-therapeutic knowledge. Epileptic patients are legally able to testify, inherit etc. and also have the obligation to compensate for damage they have caused. An attempt is made to define the immunity from prosecution of epileptics in accordance with non-static criteria, and to use a mixed biological-mental formula, which would make it possible to discover whether there was an alteration or anomaly of mental state at the time of the criminal offence, which would mean that the patient was unable to understand the unlawfulness of his action, or to act in accordance with such understanding. The deed itself is considered, without labelling illnesses or persons, seeking a simple definition of immunity from prosecution. The epileptic is immune from prosecution during a full attack, whilst during the rest of the time each case has to be decided individually. We emphasize the necessity of 'declassifying' epilepsy as a typical endogenous psychosis, which puts these patients into the group of the insane, although this term is no longer included in the new legal code.
authors.affiliation: Servicio de Neurofisiología Clinica, Hospital Central de Asturias, Oviedo, España.
authors.forename: F
authors.initials: F
authors.lastname: Villanueva
mesh_terms: D003416:Criminal Law / Q000331:legislation & jurisprudence*; D004827:Epilepsy / Q000150:complications; D006801:Humans; D007878:Legislation as Topic; D001523:Mental Disorders / Q000209:etiology; D013030:Spain
vernacular_title: Responsabilidad civil y penal del epiléptico.