One Mental Disorder Clause, Two Different Conclusions between Judgements: Focus on Article 19, Paragraph 1 of the Criminal Law
Both Jing-Yu Wang and Zai-You Zheng committed murder during the onset of Schizophrenia. The Appellate Court found Wang guilty and sentenced Wang life imprisonment. However, the Chia-Yi District Court found Zheng Innocent due to his mental illness which caused him lacking the ability to recognize the legality of his behavior. This article thus aims at discussing the differences between the judgements by illustrating the article 19 of Taiwan Criminal Code and the concept of criminal responsibility. Especially the finding on the issue of mental illness is a factual question, which should be determined on the case-by- case basis, which means the different outcome should be deemed as the principle rather than an exception.