Criminal responsibility of offenders with dissociative identity disorder

Abstract

“If every personality within an individual merely represents different fragments of the same person, then which one should bear responsibility?” This question, highlighted by iconic portrayals in films such as Split and by the Billy Milligan case in the book The Minds of Billy Milligan, has attracted significant public attention at various points in time. What occurs when a person with multiple coexisting personalities appears in court, and which “self” should be held accountable? Dissociative Identity Disorder (DID) - a rare yet controversial psychological condition—raises challenging questions regarding criminal responsibility. This study aims to delve into the complex issues confronting the Vietnamese legal system when prosecuting individuals diagnosed with DID - challenges that are not only legal in nature but also deeply intertwined with ethical, psychological, and forensic psychiatric considerations. The goal of this research is to assess the criminal responsibility of individuals with DID who commit offenses. By examining legal documents, prior studies, and specific cases, this paper discusses the factors necessary to determine whether an individual with DID can be held criminally liable. Under the current legal framework in Vietnam, if a person suffers from multiple personality disorder or DID, the determination of criminal liability depends on the outcome of a psychiatric forensic assessment. Specifically, if the individual has entirely lost the capacity for awareness and behavioral control due to pathological factors, they may be exempt from criminal liability under Article 21 of the 2015 Criminal Code (revised in 2017). However, if they only partially lose this capacity, they may still be prosecuted but could receive mitigating considerations. Nevertheless, these provisions do not fully capture all dimensions of criminal behavior in individuals with DID, particularly with respect to the volitional aspects underlying the offense. By not limiting itself to a narrow interpretation of a unique legal phenomenon, this study seeks to present a novel perspective in criminal law, offering a comprehensive view of how individuals with DID may - or may not - bear criminal responsibility, along with proposing appropriate remedies. Ultimately, the research aims to bolster a humane, modern, and equitable legal system capable of addressing even the most intricate cases, mirroring the profound complexities of the human mind.