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

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

General provision

SECTION II
CRIME

CHAPTER 4
PERSONS SUBJECTED TO CRIMINAL LIABILITY

Article 21 Diminished capacity

21.1. The person, who at the time of committing publicly dangerous act (action or inaction), was in a condition of diminished responsibility, and could not realize actual nature and public danger of the acts (actions or inaction) or supervise over them in order to chronic mental disease, timed infringement of mental activity, dementia or other mental disease shall not be subjected to the criminal liability.

21.2. To the person, who has committed publicly dangerous act (action or inaction) in a condition of diminished responsibility, court can appoint the forced measures of medical nature provided by the present Code.

21.3. To the person, who has committed a crime in a condition of legal capacity, but before adopting by court of a decision, he has became emotionally diseased, and depriving opportunity to realize actual nature and public danger of his acts (actions or inaction) or supervise over them, court can appoint forced measures of medical nature as it provided by the present Code.

General provision

SECTION II
CRIME

CHAPTER 4
PERSONS SUBJECTED TO CRIMINAL LIABILITY

Article 22. Criminal liability of persons with the mental frustration which is not excluding legal responsibilities

22.1. The person with legal responsibility, who at the time of committing a crime by virtue of mental frustration could not fully realize actual nature and public danger of the acts (action or inaction) or to supervise them, shall be subjected to the criminal liability.

22.2. The mental frustration, which is not excluding responsibilities, shall be taken into account by court at assignment of punishment and can form the basis for purpose of the medical nature forced measures provided by the present Code.