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

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

GENERAL PART

TITLE TWO
CRIMINAL OFFENCE

1. General provisions on criminal Offences

Mental capacity

Article 14
(1) A perpetrator shall be considered to have been mentally incapacitated where at the time of commission of an unlawful act which constitutes a criminal offence he was unable to understand the effects of his act or could not control his actions due to a mental illness, temporary mental alienation, arrested mental development or other severe mental alienation (mental incapacity).

(2) A perpetrator whose capacity to understand the effects of his act or to control his actions was substantially diminished due to any of the conditions referred to in para. 1 hereof (significantly reduced mental capacity) may receive a lighter punishment.