Reduced punishment for murder in Israel: what constitutes a severe mental disorder?

Section 300/A/A of the Israel Penal Law, amended in 1995, deals with reduction of punishment for severe mental and/or intellectual disturbances insufficient to warrant a plea of not guilty by reason of insanity. The present version of the amendment allows the court total freedom in determining punishment, thereby creating a plethora of court decisions. In this article, we have attempted to provide an understanding of the mutual responsibility of the psychiatrists and the court, through presentation and discussion of several cases in Israel in which punishment was or was not reduced for psychiatric reasons. In addition, suggestions are proposed to enhance the clarity and pertinence of the amendment to specific clinical conditions. Article 19 of the Israel Penal Law follows English tradition, defining legal responsibility according to the McNaughton cognitive tests, and states that: