CRIMINAL CODE [CAP. 9. 29 contraventions shall be to the punishment of a fine (multa) or imprisonment for a term not exceeding three months. (2) The law establishing in general terms a descent from one punishment to another, shall not be deemed to include cases of contraventions or of crimes liable to the punishments for contraventions. 32. (1) Where the punishment includes a latitude of more degrees, the ascent or descent shall be made by raising or lowering the maximum and the minimum to the nearest degree respectively. (2) When the punishment of solitary confinement is added to another punishment, the ascent or descent shall be reckoned on such other punishment: Gradation in the scale of punishments. Amended by: XI.1900.9. Provided that in cases of descent, the court may restrict the punishment of solitary confinement to any smaller number of terms or omit such punishment altogether. TITLE II OF THE WILL AND A GE OF THE O FFENDER 33. Every person is exempt from criminal responsibility if at the time of the act or omission complained of, such person (a) was in a state of insanity; or (b) was constrained thereto by an external force which he could not resist. Defect of will. Amended by: XI.1900.10; V.1956.7; XVIII. 1976.52. 33A. (1) Where an offence is committed by a person who is a p r i s o n e r t h e p u n i s h m e n t f o r t h e o ff e n c e s h a l l i n c a s e o f a conviction be increased by one or two degrees and the provisions of articles 21 and 21 of the Probation Act shall not apply. Increase in punishment for offences committed by prisoners in prison. Added by: XIII. 2005.3. Cap. 446. Cap. 260. (2) For the purposes of this article ''prisoner'' has the same meaning assigned to it by article 2 of the Prisons Act and includes a prisoner deemed to be confined in a prison according to the provisions of article 3(3) of the same Act. 34. (1) Save as provided in this article, intoxication shall not constitute a defence to any criminal charge. (2) Intoxication shall be a defence to any criminal charge if (a) by reason thereof the person charged at the time of the act or omission complained of was incapable of understanding or volition and the state of intoxication was caused without his consent by the malicious or negligent act of another person; or (b) the person charged was by reason of the intoxication insane, temporarily or otherwise, at the time of such act or omission. Intoxication. Added by: XIII. 1935.2. Amended by: V. 1956.8.

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