General provision
SECTION II
CRIME
CHAPTER 4
PERSONS SUBJECTED TO CRIMINAL LIABILITY
Article 21 Diminished capacity
21.1. The person, who at the time of committing publicly dangerous act (action or inaction), was in a condition of diminished responsibility, and could not realize actual nature and public danger of the acts (actions or inaction) or supervise over them in order to chronic mental disease, timed infringement of mental activity, dementia or other mental disease shall not be subjected to the criminal liability.
21.2. To the person, who has committed publicly dangerous act (action or inaction) in a condition of diminished responsibility, court can appoint the forced measures of medical nature provided by the present Code.
21.3. To the person, who has committed a crime in a condition of legal capacity, but before adopting by court of a decision, he has became emotionally diseased, and depriving opportunity to realize actual nature and public danger of his acts (actions or inaction) or supervise over them, court can appoint forced measures of medical nature as it provided by the present Code.
General provision
SECTION II
CRIME
CHAPTER 4
PERSONS SUBJECTED TO CRIMINAL LIABILITY
Article 22. Criminal liability of persons with the mental frustration which is not excluding legal responsibilities
22.1. The person with legal responsibility, who at the time of committing a crime by virtue of mental frustration could not fully realize actual nature and public danger of the acts (action or inaction) or to supervise them, shall be subjected to the criminal liability.
22.2. The mental frustration, which is not excluding responsibilities, shall be taken into account by court at assignment of punishment and can form the basis for purpose of the medical nature forced measures provided by the present Code.
''Section II. Crime Chapter 4. Persons subjected to criminal liability Article 21 Diminished responsibility''
21.1. The person, who at the time of committing publicly dangerous act (action or inaction), was in a condition of diminished responsibility, and could not realize actual nature and public danger of the acts (actions or inaction) or supervise over them in order to chronic mental disease, timed infringement of mental activity, dementia or other mental disease shall not be subjected to the criminal liability,.
21.2. To the person, who has committed publicly dangerous act (action or inaction) in a condition of diminished responsibility, court can appoint the forced measures of medical nature provided by the present Code.
21.3. To the person, who has committed a crime in a condition of legal capacity, but before adopting by court of a decision, he has became emotionally diseased, and depriving opportunity to realize actual nature and public danger of his acts (actions or inaction) or supervise over them, court can appoint forced measures of medical nature as it provided by the present Code.
''Section II. Crime Article Chapter 4. Persons subjected to criminal liability 22. Criminal liability of persons with the mental frustration which is not excluding legal responsibilities''
22.1. The sane person, who at the time of committing a crime by virtue of mental frustration could not fully realize actual nature and public danger of the acts (action or inaction) or to supervise them, shall be subjected to the criminal liability.
22.2. The mental frustration, which is not excluding responsibilities, shall be taken into account by court at assignment of punishment and can form the basis for purpose of the medical nature forced measures provided by the present Code.
1. In addition to other grounds for excluding criminal responsibility provided for in this Statute, a person shall not be criminally responsible if, at the time of that person's conduct:
(a) The person suffers from a mental disease or defect that destroys that person's capacity to appreciate the unlawfulness or nature of his or her conduct, or capacity to control his or her conduct to conform to the requirements of law;
(b) The person is in a state of intoxication that destroys that person's capacity to appreciate the unlawfulness or nature of his or her conduct, or capacity to control his or her conduct to conform to the requirements of law, unless the person has become voluntarily intoxicated under such circumstances that the person knew, or disregarded the risk, that, as a result of the intoxication, he or she was likely to engage in conduct constituting a crime within the jurisdiction of the Court;
(c) The person acts reasonably to defend himself or herself or another person or, in the case of war crimes, property which is essential for the survival of the person or another person or property which is essential for accomplishing a military mission, against an imminent and unlawful use of force in a manner proportionate to the degree of danger to the person or the other person or property protected. The fact that the person was involved in a defensive operation conducted by forces shall not in itself constitute a ground for excluding criminal responsibility under this subparagraph;
(d) The conduct which is alleged to constitute a crime within the jurisdiction of the Court has been caused by duress resulting from a threat of imminent death or of continuing or imminent serious bodily harm against that person or another person, and the person acts necessarily and reasonably to avoid this threat, provided that the person does not intend to cause a greater harm than the one sought to be avoided. Such a threat may either be:
(i) Made by other persons; or
(ii) Constituted by other circumstances beyond that person's control.