Criminal and Civil Liability for Persons Lacking Legal Capacity

The tragic fire at a nursing home in Amman in December 2024 — which resulted in the deaths of 7 residents and injuries to dozens of others — raised profound legal questions about the criminal and civil responsibility of persons who lack legal capacity. This article examines how Jordanian law addresses these complex situations.

The Facts of the Incident

On 13 December 2024, a resident of a licensed nursing home in the Juwaida area ignited a fire using a cigarette lighter, starting with a paper tissue placed on a sofa in the rest room. The fire rapidly spread, resulting in the deaths of 7 people from smoke inhalation and serious injuries to approximately 60 others — both residents and staff.

Criminal Responsibility: The Legal Framework

Under Article 92 of the Jordanian Penal Code, insanity is recognized as a bar to criminal responsibility. If a perpetrator was unable to understand the nature of their actions at the time of committing the offence due to a mental disorder, the offence is established but no criminal punishment is imposed.

Instead, the court may impose a precautionary measure — most commonly placement in a psychiatric hospital — until a medical committee certifies recovery and confirms the person no longer poses a risk to public safety. The assessment requires evaluation by three specialist psychiatrists from the public sector.

Criminal Characterization of the Incident

On the assumption that the resident was aware of his actions and their danger, his conduct would be characterized as intentional arson in a populated area resulting in death — a felony under Article 1/386 of the Jordanian Penal Code. The principle of applying the most severe characterization where multiple offences are present is governed by Article 57 of the Penal Code.

Civil Responsibility: A Different Standard

Civil responsibility operates under a fundamentally different standard. Article 256 of the Jordanian Civil Code expressly provides that a person who causes harm is obligated to compensate for that harm even if they are lacking or deficient in legal capacity. The question of the person's mental state is therefore irrelevant to civil liability.

The families of those who died, the injured persons, and those who suffered property damage are all entitled to file civil claims seeking compensation for both material and moral damages. These claims may be filed simultaneously with the criminal proceedings or independently.

Broader Implications

This case highlights a gap in Jordanian legislation regarding the legal framework for persons who commit harmful acts while lacking full legal capacity. Clear legislation is needed to define when civil restrictions may be imposed, establish compensation mechanisms, and ensure that the legal system achieves justice for all parties.

At Shraideh Law Firm, our criminal and civil litigation teams have extensive experience handling complex liability cases involving questions of legal capacity and compensation.