Chapter 4SECURING OF CRIMINAL PROCEEDINGS
Division 1Preventive Measure
§ 1372. Release from custody of persons who committed unlawful act in state of mental incompetence or persons with severe mental disorder
(1) If it becomes evident as a result of expert assessment that a person held in custody committed an unlawful act in a state of mental incompetence, he or she is mentally ill, feeble-minded or he or she has another severe mental disorder, he or she shall be immediately released from custody by an order of the Prosecutor’s Office, unless otherwise provided for in § 3951 of this Code.
(2) An investigative body shall immediately communicate the expert's report specified in subsection (1) of this section to the Prosecutor’s Office.
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]
Chapter 16PROCEDURE FOR ADMINISTRATION OF COERCIVE PSYCHIATRIC TREATMENT
§ 393. Grounds for administration of coercive psychiatric treatment
If a person commits an unlawful act in a state of mental incompetence or if he or she becomes mentally ill or feeble-minded or suffers from any other severe mental disorder after the court judgment is made but before he or she has served the full sentence or if it is established during pre-court proceedings or judicial proceedings that the person suffers from one of the aforementioned conditions, poses a danger to himself or herself and to the society and is in need of coercive psychiatric treatment, criminal proceedings with regard to the person shall be conducted pursuant to the provisions of this Chapter.
[RT I, 05.07.2013, 2 - entry into force 15.07.2013]
Part 1 GENERAL PART
Chapter 2 OFFENCE
Division 3 Guilt
§ 34. Mental capacity
A person is not mentally capable if at the time of commission of an act he or she is incapable of understanding the unlawfulness of the act or incapable to act according to such understanding due to:
1)mental illness;
2)temporary severe mental disorder;
3) mental disability;
4) feeble-mindedness; or
5)other severe mental disorder.
§ 35. Diminished mental capacity
If the capacity of a person to understand the unlawfulness of his or her act or to act according to such understanding is substantially diminished due to one of the reasons specified in § 34 of this Code, the court may apply the provisions of § 60 of this Act.
Part 1 GENERAL PART
Chapter 2 OFFENCE
Division 3 Guilt
§ 38. Absence of guilt in case of negligence
A person who commits an act through negligence is deemed to have acted without guilt if the person due to his or her mental or physical abilities is incapable of understanding what is expected of him or her or is incapable to act according to such understanding.
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.