Can. 1345 Whenever the offender had only the imperfect use of reason or committed the delict out of necessity or grave fear or the heat of passion, or, without prejudice to the prescript of can. 1326 Β§1, n. 4, from drunkenness or a similar mental disturbance, the judge can even abstain from imposing any penalty if he thinks that reform of the person can be better accomplished in another way. The offender must be punished, however, if provision cannot otherwise be made to restore justice and to repair the scandal that may have been inflicted.