PART ONE GENERAL
CHAPTER II CRIMINAL LIABILITY
Division 4 Offender, Accomplice and Accessory to a Criminal Offence
Section 26 Insanity
Anyone who due to a mental disorder can not identify the illegal nature of an act at the time of its commission or control his/her conduct, shall not be criminally liable for such an act.
PART ONE GENERAL
CHAPTER V CRIMINAL PENALTIES
Division 2 Punishments
Sub-Division 1 General Principles Applying to Imposition of Punishments
Section 40 Imposing Penalties to an Offender with Diminished Sanity
(1) If an offender commits a criminal offence in a state of diminished sanity that he/she has not, even negligently, incurred to him-/herself by an addictive substance, the court shall take it into consideration when determining the type and extent of the sentence.
(2) If the court believes that with regard to the medical condition of the offender referred to in Sub-section (1) it would be possible to achieve the possibility of his/her correction also by a sentence of shorter extent with parallel imposition of protective therapy (Section 99), it shall reduce a sentence of imprisonment below the lower limit of the term of sentence; therein the court shall not be bound by the restriction referred to in Section 58(3) and shall at the same time impose a protective therapy.
PART ONE
GENERAL PART
CHAPTER II
CRIMINAL LIABILITY
Division 4
Offender, Accomplice and Accessory to a Criminal Offence
Section 26 Insanity
Anyone who due to a mental disorder can not identify the illegal nature of an act at the time of its commission or control his/her conduct, shall not be criminally liable for such an act.
Section 27 Diminished Sanity
Anyone who due to a mental disorder suffers from a substantially diminished capacity to recognise the illegal nature of an act at the time of its commission or to control his/her conduct, is in a state of diminished sanity.
PART ONE
GENERAL PART
CHAPTER V
CRIMINAL PENALTIES
Division 2
Punishments
Sub-Division 1
General Principles Applying to Imposition of Punishments
Section 40 Imposing Penalties to an Offender with Diminished Sanity
(1) If an offender commits a criminal offence in a state of diminished sanity that he/she has not, even negligently, incurred to him-/herself by an addictive substance, the court shall take it into consideration when determining the type and extent of the sentence.
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.