Book One: 4 General Provisions

Part One: Felonies and Misdemeanours Title One: Scope of Application

Title Two: Criminal Liability

Art. 19

1 If the person concerned was unable at the time of the act to appreciate that his act was wrong or to act in accordance with this apprecia¬tion of the act, he is not liable to prosecution.

2 If the person concerned was only partially able at the time of the act to appreciate that his act was wrong or to act in accordance with this appreciation of the act, the court shall reduce the sentence.

3 Measures in accordance with Articles 59–61, 63, 64, 67 and 67b may, however, be taken.

4 If it was possible for the person concerned to avoid his state of men-tal incapacity or diminished responsibility and had he done so to foresee the act that may be committed in that state, paragraphs 1–3 do not apply.

Art. 20

If there are serious grounds for believing that the accused may be legally responsible due to a mental disorder, the investigating authority or the court shall order a specialist report from an expert.