Legislator Case Law & Legislation
KKO 468/2011 AI generated

Supreme Court held that a defendant sentenced for severe drunk driving was not criminally liable due to lack of capacity.

Case Number KKO 468/2011
Court / Authority
Jurisdiction Finland (FI)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the appeal regarding the defendant's criminal liability for severe drunk driving. The defendant argued they lacked criminal capacity at the time of the offense due to mental state, while the prosecution maintained the conviction was valid. The court ruled that the evidence did not establish the necessary lack of capacity to negate criminal responsibility.

Legislator headnote

AI generated

Rikoslaki 39.1; Rikoslaki 40.1: A defendant is not criminally liable if they lacked the capacity to understand the nature of their act or control their conduct at the time of the offense, but the burden of proof for this defense must be met by the defendant.

Keywords

AI generated
criminal capacity severe drunk driving mental state defense Supreme Court of Finland Rikoslaki 39.1

Cited Legislation

AI generated
Rikoslaki 39.1
Rikoslaki 40.1
AI generated

Need to analyze how this precedent applies to your matter?

Cross-reference this judgment against statutes, commentaries, and subsequent citing case law inside Legislator AI.

Open in Legislator →

Full text

Kysymys siitä, oliko törkeästä rattijuopumuksesta ynnä muusta rangaistukseen tuomittu ollut rikostensa tekoaikana syyntakeeton.