A problemática da imputação dos gêmeos siameses na ordem jurídica moçambicana

Abstract

This CFT discusses the problem of the imputation of Siamese twins in the Mozambican legal system, a legal system that is still silent with regard to regulating Siamese twins, because so far no type of crime has been found to have been committed by these individuals, as indeed it is, claiming that the fact that they are united in the same body does not exempt them from being treated as distinct persons, with personality and legal capacity distinct from each other, and that they may be liable to commit crimes, regardless of the form of participation they are in, and what would be the criminal liability for them? The liability of one would consequently affect the other, and it would not be possible to punish one without harming the other. It follows that Siamese twins are congenitally linked individuals, the fruit of a single fertilised embryo so that they are of the same sex and identical, i.e. they are twins united by some part of the body. There are various types of Siamese twins, with total or partial duplication of organs. Mozambique was no exception, as other parts of the world have seen the birth of Siamese twins in the provinces of Niassa and Inhambane. We can see that the chances of a successful operation in the case of Siamese twins are minimal, especially when they share vital organs and there is a greater risk of death.