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.