Book 3: Courts
Section 4: Proceedings Against those with Diminished Responsibility 230-242
Chapter 1: Insane Persons 230-232
Article 230
If it appears during an investigation or proceedings, that the accused is not able to conduct his own defence on the grounds of mental illness, or if the situation requires an examination of his mental faculties in order to test his criminal responsibility, the investigation or court proceedings are suspended, by decision of the investigative judge, or court, and, if he has been charged with an offence for which he cannot be released on bail, he is placed under supervision in a government health institution, capable of treating mental illness. For other offences, however, he is placed in a government, or non-government health institution, at his expense on the request of whoever is acting on his behalf in law, or at the expense of his family, on payment of a surety by a guarantor. A specialist government medical committee is charged with carrying out an examination and presenting a report on the state of his mental health.
Article 231
If it appears from the report of the committee referred to in Article 230 that the accused is not able to present his own defence, the investigation is postponed until he has sufficient mental awareness to make his own defence, and he is placed under the supervision of a government health institution if he is accused of an offence for which he cannot be released on bail. But in the case of other offences, he can be handed over to one his relatives on a surety from a guarantor, on condition that a commitment is made that he should receive treatment in Iraq, or elsewhere.
Article 232
If it appears from the decision of the medical committee that the accused was not criminally responsible owing to mental illness at the time the offence was committed, the judge will decide diminished responsibility and the court will issue a judgment of diminished responsibility and will take whatever action is necessary for handing him over to one of his relatives, on payment of a guarantee, to undergo whatever treatment is necessary.
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.