''''Part I, Chapter 7 The Court’s Measures, Article 82, Measures Applied by the Court towards Mentally Ill Offenders''
Offenders committing offences under a state of mental illness or offenders in
possession of their full faculties during the offence who become subject to mental illness
before a sentence is imposed by the court or while serving the sentence, may benefit
from measures pertaining to medical treatment, such as being sent to psychiatric
hospitals or specific treatment centers.
After recovering from such an illness to his/her state of mental health, the
offender must be brought back and sentenced by the court or the sentence must be
executed if the lodged complaint or the court's decision is still valid.
Article 83
Measures Applied by the Court towards Offenders Addicted to Alcohol
or Drugs or Other such Addictions
For offenders addicted to alcohol or drugs or other such addictions, who have
committed offences and are not sentenced to deprivation of liberty, the court may apply
measures of medical treatment in asylums or specific treatment centers.
In the event that such an addicted offender is sentenced to deprivation of liberty,
the court must apply measures of medical treatment whilst the offender is serving his/her
sentence, and if after completion of such penalties, the medical treatment is yet to be
completed, the court may apply measures for medical treatment by sending the offender
to rehabilitation centers for alcohol or drug addiction, or entrusting him/her to receive
care by local administrative authorities, other State organizations, mass organizations or
civil society organizations to continue his/her re-education and medical treatment.
After recovering from such an addiction or substance abuse, the offender must
be brought back and sentenced by the court or the sentence must be served if the
lodged complaint or the court decision is still valid.
The duration of medical treatment is to be included in calculating the period of
execution of the sentence.
The duration of medical treatment is to be included in calculating the period of
execution of the sentence.
1. Subject to article 110, the Court may impose one of the following penalties on a person convicted of a crime referred to in article 5 of this Statute:
(a) Imprisonment for a specified number of years, which may not exceed a maximum of 30 years; or
(b) A term of life imprisonment when justified by the extreme gravity of the crime and the individual circumstances of the convicted person.
2. In addition to imprisonment, the Court may order:
(a) A fine under the criteria provided for in the Rules of Procedure and Evidence;
(b) A forfeiture of proceeds, property and assets derived directly or indirectly from that crime, without prejudice to the rights of bona fide third parties.