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

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

1 General Part

CHAPTER II- CRIMINAL RESPONSIBILITY

Article 17 Irresponsibility because of the person’s mental state

A person does not bear criminal responsibility if, at the time of the commitment of the act, he suffered from psychic or neuropsychic disorders ruining his mental balance entirely and, consequently, was unable either to control his actions or omissions, or to understand the criminal act he was committing.

A person is responsible if, at the time of commitment of the criminal act, he suffered from psychic or neuropsychic disorders which lowered his mental balance [and capacity] to understand and fully control his actions or non-actions, but this circumstance will be considered by the court when deciding on the degree and the kind of punishment