The Public Prosecutor has requested that a man accused of killing his mother in March in Água de Pena be declared 'dangerous mentally incapacitated' and subjected to institutionalization.
Portuguese law defines a mentally incapacitated individual as someone unable to comprehend the wrongfulness of their actions or act accordingly due to a mental anomaly at the time of the offense.
To be deemed dangerous, a court must conclude there's a serious risk of reoffending. This determination relies on clinical assessment, medical history, and recidivism risk, not solely on the committed crime.
If found both mentally incapacitated and dangerous, the individual faces a security measure of institutionalization for treatment and societal protection, rather than imprisonment.
