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'Incapacity - national proceedings' in document 'Estonia - Penal Code'

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The relevant provisions of implementing legislation: [1] [2]
The Relevant Provisions of the Rome Statute

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

Part 1
GENERAL PART

Chapter 2
OFFENCE

Division 3
Guilt

§ 34. Mental capacity

A person is not mentally capable if at the time of commission of an act he or she is incapable of understanding the unlawfulness of the act or incapable to act according to such understanding due to :

1) a mental illness ;
2) a temporary severe mental disorder ;
3) mental disability ;
4) feeble-mindedness ; or
5) any other severe mental disorder.

§ 35. Diminished mental capacity

If the capacity of a person to understand the unlawfulness of his or her act or to act according to such understanding is substantially diminished due to one of the reasons specified in § 34 of this Code, the court may apply the provisions of § 60 of this Act.

Part 1
GENERAL PART

Chapter 2
OFFENCE

Division 3
Guilt

§ 38. Absence of guilt in case of negligence

A person who commits an act through negligence is deemed to have acted without guilt if the person due to his or her mental or physical abilities is incapable of understanding what is expected of him or her or is incapable to act according to such understanding.