GENERAL PART
Chapter II
CRIME
Article 23. Irresponsibility
(1) A person who at the time of commission of a prejudicial act was in a state of irresponsibility, i.e. could not understand the nature of his/her actions or inactions or could not control his/her actions because of a chronic mental disease, a temporary mental disorder, or some other pathological condition, shall not be subject to criminal liability. Based on a court decision, medical constraint measures set forth herein may be applied to such a person.
(2) A person who commits a crime in a state of responsibility but who prior to the sentence being pronounced has become mentally ill and unable to understand his/her actions or inactions or to control his/her actions shall not be subject to criminal liability. Based on a court decision, medical constraint measures set forth herein may be applied to such a person, but upon recovery, the person may serve the punishment.
Article 23'. Limited Responsibility
(1) A person who commits a crime in a condition of mental disorder, confirmed by medial expertise duly performed, due to which he/she could not fully realize the nature and legality of the his/her acts or could not fully control such acts shall be subject to limited criminal liability.
(2) For establishing the punishment or security measures, the court shall consider the existing mental disorder which, however, does not exclude criminal liability.
Article 76. Consequences of Incapacity or of Limited Legal Capacity
(1) An incapable person participating in a proceeding may not exercise his/her rights provided hereunder. Such rights shall be exercised by his/her legal representative.
(2) Should an incapable civil party have no legal representative, his/her participation in a criminal proceeding shall be suspended and the civil action shall not be heard provided that the prosecutor does not file a request in his/her interests against the accused/defendant or the person materially liable for the acts of the accused/defendant. Should a civilly liable party be incapable, his/her participation in the proceeding shall be suspended and the complaint filed against him/her shall not be heard.
(3) A participant with limited legal capacity in a proceeding without the consent of his/her legal representative shall not have the right to:
1) to withdraw the complaint on the prejudicial act committed against him/her;
2) to reconcile with the injured party/suspect/accused/defendant;
3) to acknowledge the civil action filed against him/her;
4) to renounce the civil action filed by him/her;
5) to withdraw the complaint filed in his/her interests.
Article 490. Placement in a Psychiatric Institution
(1) Upon establishing the illness of the person in whose regard a criminal investigation is conducted and who is under arrest, the investigative judge shall order, based on a motion by the prosecutor, his/her placement in a psychiatric institution adapted for the detention of arrestees and shall revoke preventive arrest. The administration of the institution shall immediately notify the prosecutor who is managing the criminal investigation of the respective case about any subsequent improvement in the condition of a person placed in a psychiatric institution.
(2) Placing in a psychiatric institution persons who are not under arrest shall be done under the provisions in art. 152, securing the guarantees specified in art. 501 para. (1).
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.