II. chapter. General penalty conditions.
Article 16
Now the person who did the work was mentally sad, such as due to immaturity, degeneration, sexual immaturity or other disorders, but his condition is not as high as Article 15. can, and he shall then be punished for the offense, if it can be assumed, as the case may be and after seeking medical advice, that the punishment may be effective.
In the event of an institution intended for such persons as may be referred to in this Article, it may be decided in a criminal court that the defendant shall serve [a penalty] 1) in the agency.
Part 1. General rules on criminal procedure.
Section IV. The accused and the counsel for the defence.
Article 27
The accused is the person who is accused of committing an offence or suspected of criminal conduct. Furthermore, the term denotes a legal person that is accused or suspected of responsibility for such conduct.
If the accused is not legally competent, a legal guardian shall appear as his or her representative, as necessary. The legal guardian shall take decisions on behalf of the person who is not legally competent on matters which the person is not considered capable of understanding in full or able to decide.
If the accused is a legal person, its directors shall appear as its representatives, either singly or more than one of them, jointly, as its representatives, as provided for under general rules. If possible, a person who is accused of the same sort of offences as the legal person shall not represent it.
Representatives as provided for under the second and third paragraphs shall have the same standing in law as if they themselves were accused of committing offences or suspected of criminal conduct.
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.