'Mental disease or defect' in document 'Poland - Criminal Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

GENERAL PART

Chapter III.
Exclusion of penal liability

Article 31. § 1. Whoever, at the time of the commission of a prohibited act, was incapable of
recognising its significance or controlling his conduct because of a mental disease, mental deficiency or
other mental disturbance, shall not commit an offence.

§ 2. If at the time of the commission of an offence the ability to recognise the significance of the
act or to control one's conduct was diminished to a significant extent, the court may apply an
extraordinary mitigation of the penalty.

§ 3. The provisions of § 1 and 2 shall not be applied when the perpetrator has brought himself to a
state of insobriety or intoxication, causing the exclusion or reduction of accountability which he has or
could have foreseen.

RELEVANT ROME STATUTE PROVISIONS

Article 31
Grounds for excluding criminal responsibility
1. In addition to other grounds for excluding criminal responsibility provided for in this Statute, a person shall not be criminally responsible if, at the time of that person's conduct:
(a) The person suffers from a mental disease or defect that destroys that person's capacity to appreciate the unlawfulness or nature of his or her conduct, or capacity to control his or her conduct to conform to the requirements of law