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Legislations
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Law No. 11 of 2004 Issuing the Penal Code
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Part 5
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Responsibility Impediments
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Law No. 11 of 2004 Issuing the Penal Code
Law Summary Record
Type:
Law
Number:
11
Date:
10/05/2004 Corresponding to 21/03/1425 Hijri
Number of Articles:
401
Status:
In force
Official Gazette :
Issue:
7
Offcial Journal Issue
Publication Date:
30/05/2004 Corresponding to 11/04/1425 Hijri
Page from:
53
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Responsibility Impediments
53 Article
Nothing is an offence which is done by a child under seven years of age.
The procedures provided for in the law for juveniles concerning the perpetrator in a felony or a misdemeanor who reaches seven years old and under fourteen years old shall apply.
54 Article
Nothing is an offence which is done by a person who, at the time of committing the offence, in a state of unconsciousness or loss a loss of reason or volition due to insanity or infirmity of mind or because he is in a state of intoxication or under the influence of drugs resulting from the consumption of intoxicating or narcotic substances given to him against his will or without his knowledge or due to any other reason which leads one to believe that he has lost his reason or volition is not criminally liable.
If madness, mental defect, medicines, drugs, alcoholic and intoxicating materials or any other reason that causes only deficiency or weakness in consciousness or in capacity when the offence is committed, it shall be considered an extenuating excuse.
In cases where an act done is not an offence unless done with a particular knowledge or criminal intent, a person who does the act in a state of loss of reason or volition induced by intoxicating or narcotic substances acquired knowingly and of his own free will, shall be punishable for the offence that is committed.
55 Article
Criminal liability shall not be held against any person who, when omitting the crime;
1- is unable to differentiate, for a reason against his will.
2- commits the offence, beyond his own volition, to protect himself or another person from an extreme imminent danger posing a threat to the person or his possessions.
Both 1 and 2 are subject to the proviso that the perpetrator is not able to avoid the danger by any other means, and the offence committed must be proportionate to the danger.
56 Article
Nothing is an offence by reason that it causes, or that it is intended to cause, or that it is known to be likely to cause, any harm, if that harm, is so negligible that no person of ordinary sense and temper would complain of such harm.
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