Oldal 158 [158]
MORDECHAI KREMNITZER — KHALID GHANAYIM
the following was severely restricted, even though not to the point of complete
incapacity [insanity] said in section 34H:
— to understand what he/she was doing or that his/her act is wrong or
— to refrain from committing the act.
Insanity is a defense negating culpability, therefore, homicide done by perpetrator
suffering from severe mental disorder is very close to insanity, and therefore the
homicide done in these circumstances in homicide of reduced culpability.”
(d) Homicide in circumstances of a light deviation from the conditions of self¬
defense, necessity or duress
While in the former law this phenomenon was defined as homicide committed
through a little divergence related only to the condition of “reasonableness”, the
new law refers to all conditions of these defenses, provided that the circumstances
of the case reflect reduced culpability. In these cases, homicide is committed in
a state of a partial defense, and therefore, at least his culpability (and sometimes
also his wrongdoing) is reduced.*°
The law-proposal of the committee included an additional case of diminished
responsibility, namely mercy killing — killing of dying suffering person motivated
by pity. The Parliament and the Government rejected this proposal, probably due
to religious considerations.
BIBLIOGRAPHY
ENKER, Arnold, Another Note On The Interpretation of the Elements of Premed¬
itation, Hebrew University Law Review 6 (1976), 512—513, (in Hebrew).
ENKER, Arnold, Murder During Committing an Offense: The Ratio Between the
other Offense and the Offense of Causing Death, Bar-Ilan Law Studies 1 (1980),
1-39 (in Hebrew).
ENKER, Arnold, Murder with Premeditation, 6 Hebrew University Law Review
(1976), 478-498, (in Hebrew).
FELLER, Shneur-Zalman, More on the Preparation as Element ofthe Premeditation,
33 Hapraklit (1981), 578-582 (in Hebrew).
FELLER, Shneur-Zalman, Principles of Criminal Law, Vol. I. Jerusalem, 1984 in
Hebrew.
# See Ghanayim, The Reform of Homicide Offences.
15 See Ghanayim, The Reform of Homicide Offences.
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