GENERAL PART

2. A CRIME AND CRIMINAL RESPONSIBILITY

2.1. General provisions on crime and criminal responsibility

Mental competence

Article 12

(1) The offender is mentally incompetent if at the time when he performed the crime he could not understand the significance of his act or if he could not control his actions because of a permanent or temporary mental illness, temporary mental disorder or retarded mental development, or other especially severe mental impediments (mental incompetence).

(2) The perpetrator of a crime whose ability to understand the significance of his action and the ability to control his actions was significantly decreased because of some situation from item 1, may be punished more leniently (significantly decreased mental competence).

''GENERAL PART, 2. CRIME AND CRIMINAL RESPONSIBILITY, Mental competence, Article 12''

The perpetrator shall be mentally incompetent if at the time when they
performed the crime
(1) they could not understand the significance of his act or if they could not
control their actions because of a permanent or temporary mental illness, temporary
mental disorder or retarded mental development (mental incompetence), or any
other especially grave mental impediments.
(2) The perpetrator of a crime whose ability to understand the significance of their
action or the ability to control their actions was significantly decreased because of
some situation from paragraph
(2) 1, may be punished more leniently (significantly decreased mental competence)

''5. SECURITY MEASURES, Compulsory psychiatric treatment and custody in a health institution
Article 63''
(1) The court shall pronounce a compulsory psychiatric treatment and custody in a
health institution to the perpetrator who committed a crime in state of insanity or of
significantly decreased mental competence, if it determines that because of this
state, he may again commit a crime and that for the removal of this danger, it is
necessary to treat him and put him under custody in such an institution.

ARTICLE 28: Il n'y a ni crime ni délit:

1° Lorsque le prévenu était en état de démence au temps de l'action ou de légitime défense de soi-même ou d'autrui ;

PART TWO COURSE OF PROCEDURE
Chapter XVIII INVESTIGATING ACTS
7. Expertise

Article 250
(1) If there is a suspicion that the common sense of the accused is eliminated or reduced due to a durable or temporary mental illness, temporary mental disorder or retarded mental development, an expertise will be determined with psychiatric examination of the accused.
(2) If according to the opinion of the expert a longer examination is necessary, the accused will be sent to examination in an appropriate mental institution. The investigating judge brings the decision on that. The examination may be prolonged for over two mounts only on the elaborated proposal of the director of the mental institution after a previous provided opinion from the experts, but in no case may it last longer than the detention period.
(3) If the experts conclude that the mental condition of the accused is disordered, the following facts will be determined: the nature, the kind, the extent, the duration of the disorder and the experts will give their opinions on how much the mental condition has inflicted him and how much it inflicts him now in respect of his attitude and behaviour of the accused as well as whether and in which extent there was a disorder of his mental condition during the committing of the crime.
(4) If the detained is directed to a mental institution, the investigating judge will inform the institution of the reasons for detention in order necessary measures to be undertaken with the aim the detention to be secured.
(5) The time spent in the mental institution will be calculated for the accused within his detention i.e. sentence if pronounced.