WHAT IS CRIMINAL SEMI-IMPUTABILITY?
Semi-imputability applies when a person, due to a mental illness, consciousness disturbance, or intellectual disability, has not completely lost the ability to understand the criminal nature of their behavior, but that ability is notably impaired. In such cases, the individual is not exempt from criminal responsibility, but the court is obligated to apply a reduced sentence or order a more suitable security measure.
LEGAL BASIS FOR SENTENCE MITIGATION
When semi-imputability is established, the judge must apply a special mitigating factor, as defined by criminal law. According to Bolivia’s legal framework:
- If the crime carries a sentence of thirty years of imprisonment, it may be reduced to fifteen years.
- If the offense has a minimum prison term exceeding one year, the sentence may be reduced to the legal minimum for prison penalties.
- If the minimum sentence is one year of imprisonment or more than one month of detention, the judge may reduce it to the legal minimum for detention penalties.
These sentence reductions are not automatic—they must be properly justified through forensic reports and evaluated within the specific context of the case.
SECURITY MEASURES IN SEMI-IMPUTABILITY CASES
Beyond sentence reduction, the court may determine that the most appropriate response is to impose a security measure, such as confinement in a mental health facility or supervised outpatient treatment. This decision must be based on the principles of proportionality, necessity, and the potential future risk posed by the accused, avoiding both excessive punishment and impunity.
For instance, if a semi-imputable person does not pose a significant danger to society but requires therapeutic monitoring, the court may substitute a prison sentence with mandatory psychiatric treatment.
HOW IS SEMI-IMPUTABILITY ASSESSED?
To properly apply the concept of semi-imputability, reliable psychological or psychiatric evaluations are essential. These expert reports must clearly establish the degree to which the accused’s mental faculties were affected. Based on these findings, the judge will decide whether to reduce the sentence or apply a security measure, also taking into account factors such as the seriousness of the offense, the defendant’s criminal history, and the likelihood of rehabilitation.
In conclusion, semi-imputability enables a differentiated criminal response when an offender retains only partial capacity for understanding. This legal construct ensures substantive justice by acknowledging that not all crimes should be punished equally, especially when the defendant’s mental health is significantly compromised.
Understanding the legal implications of semi-imputability is essential in any criminal analysis. Contact us for professional information and assistance.
Frequently Asked Questions (FAQs)
What is the difference between semi-imputability and full non-imputability?
Semi-imputability reduces criminal responsibility, while non-imputability eliminates it entirely.
How is it determined whether someone is semi-imputable?
Through expert psychiatric or psychological evaluations and a judicial assessment of the specific circumstances.
Does semi-imputability always lead to a reduced sentence?
Yes, once legally verified, the judge must apply a mitigating factor or order a security measure.
What types of crimes are eligible for this special mitigation?
Any crime, provided that it is proven the offender had diminished capacity at the time of the act.
Can a judge substitute a prison sentence with medical treatment?
Yes, if a security measure is deemed more appropriate than a custodial sentence.
The content of this article does not reflect the technical opinion of Rigoberto Paredes & Associates and should not be considered a substitute for legal advice. The information presented herein corresponds to the date of publication and may be outdated at the time of reading. Rigoberto Paredes & Associates assumes no responsibility for keeping the information in this article up to date, as legal regulations may change over time.
