'Mental disease or defect - national proceedings' in document 'Tajikistan - Criminal Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

GENERAL PART

SECTION II. CRIME

CHAPTER 4. Persons Who Are Liable to Criminal Liability

Article 24. Criminal Incapacity

(1) A person shall not be subject to criminal liability, who, at the time when committing a socially dangerous act, was in a state of irresponsibility, i.e. could not account for his actions or direct them as a consequence of a chronic mental disease, temporary mental derangement, weak-mindedness or other state of mental disease.

GENERAL PART

SECTION II. CRIME

CHAPTER 4. Persons Who Are Liable to Criminal Liability

Article 24. Criminal Incapacity

(3) A person shall not be subject to a sentence, who committed a crime in the state of responsibility but before passing a sentence has fallen ill with a mental disease and he was not able to realize the danger of his act (omission) or direct them. Compulsory measures of medical character may be inflicted upon such person, but after his recovery he may be liable to punishment.

GENERAL PART

SECTION II. CRIME

CHAPTER 4. Persons Who Are Liable to Criminal Liability

Article 25. Criminal Liability of Persons who Have Mental Derangements not Excluding Sanity (Limited Responsibility)

(1) A person who was sane at the time when committing a crime, but had limited capacity to realize the significance of his acts or direct them as a consequence of his mental derangement is liable to criminal responsibility.

(2) The state of limited responsibility is taken into account when imposing a penalty and may be served as a ground for prescribing compulsory measures of medical character.