PART FOUR SPECIAL PROCEEDINGS
CHAPTER XXXII PROCEEDINGS REGARDING PERSONS WHO HAVE COMMITTED CRIMINAL OFFENSES UNDER THE INFLUENCE OF ALCOHOL OR DRUG ADDICTION
Article 503
Imposition of Measure for Mandatory Rehabilitation Treatment
1. The court may impose a measure of mandatory rehabilitation treatment of perpetrators
addicted to alcohol or drugs on the perpetrator who has committed a criminal offense under the
influence of alcohol or drug addiction, by a judgment of conviction, in accordance with Articles
54 and 87 of the Criminal Code.
2. The measure under paragraph 1 of the present Article may be imposed by the court, regardless
of the sanction imposed on the accused and its execution takes place regardless of whether the
accused is at liberty or serving a sentence of imprisonment.
3. The court decides upon the application of a measure under paragraph 1 of the present Article
after obtaining an expert analysis and hearing the state prosecutor and the defense. The expert
analysis should explain the possibilities for the treatment of the defendant.
4. The time spent in a medical institution for a measure of mandatory rehabilitation treatment
shall be included in the duration of the punishment of imprisonment.
Article 504
Oversight of Mandatory Rehabilitation Treatment by Court
1. The court which imposed the measure of mandatory rehabilitation treatment in a health care
institution, ex officio or on the motion of the heath care institution and on the basis of the opinion
of psychiatric experts, takes all further decisions in respect of the duration and modification of
the measure referred to in Article 87 of the Criminal Code.
2. The decisions under the previous paragraph are taken by a review panel after a hearing.
Notification of the hearing is sent to the state prosecutor and defense counsel. Before taking
the decision the court hears the opinions of an expert witness and of the perpetrator if his health
condition permits this.
3. In proceedings to reconsider the duration or modification of a measure of mandatory
rehabilitation treatment the perpetrator must have defense counsel.
4. Every two (2) months the court in accordance with paragraph 2 of the present Article ex officio
determines whether conditions for the measure of mandatory rehabilitation treatment in a health
care institution still exist. An expert witness who is not working at the heath care institution where
the perpetrator is receiving mandatory rehabilitation treatment, conducts an expert analysis and
submits his findings in writing and, if necessary, he gives testimony at the court.
5. The court discontinues the implementation of the measure under the paragraph 1 of the
present Article if treatment or rehabilitation is not necessary any more or the period of time
prescribed in Article 87 of the Criminal Code has expired.
Article 505
Mutatis Mutandis application of other provisions of the present Code
Unless otherwise provided for by the present Chapter, other provisions of the present Code
apply mutatis mutandis to persons who have committed a criminal offense under the influence
of alcohol and drug addiction.