'Incapacity - national proceedings' in document 'Latvia - Criminal Code'

Jump to:

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

General Part

Chapter II
Criminal Offences

Section 13. Mental Incapacity

(1) A person who, during the time of the commission of the offence, was in a state of mental incapacity, that is, due to a mental disorder or mental disability was not able to understand his or her acts or control them, may not be held criminally liable.

(2) For a person who has been found to have a lack of mental capacity, the court shall order compulsory measures of a medical nature as set out in this Law.

Section 14. Diminished Mental Capacity

(1) If a person, at the time of the commission of a criminal offence, due to mental disorder or mental disability, was not able to understand his or her acts fully or control them, that is, was in a state of diminished mental capacity, the court may reduce the punishment to be adjudged or release such person from punishment, according to the actual circumstances of the offence.

(2) For a person who has been found to have diminished mental capacity, the court shall order compulsory measures of a medical nature as set out in this Law.