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

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

GENERAL PART

Chapter IV. CRIMINALLY LIABLE PERSON (CRIMINAL OFFENDER)

Article 19. Criminal sanity

2. A person who, at the time of a socially dangerous act, as prescribed by this Code, was in the state of insanity, i.e. was not aware of or could not control his/her actions (omissions) in consequence of a chronic mental disease, or a temporary mental disorder, or feeble-mindedness, or any other morbid mental condition, shall not be criminally liable. Such person may be subjected to compulsory medical measures upon the decision of a court.

3. A person who committed a criminal offense in the state of sanity, but lapsed, prior to the making of a judgment, into a mental disease which renders that person unaware of or unable to control his/her actions (omissions), shall not be criminally liable. Such person may be subjected to compulsory medical measures, and may be criminally liable upon recovery.

Article 20. Partial insanity

1. A person found partially insane by a court, i.e. a person who, at the time of the criminal offense, was not completely aware of and could not fully control his/her acts (omissions) because of his/her mental disorder, shall be criminally liable.

2. The partial insanity shall be consulted by the court in the infliction of punishment and may warrant compulsory medical measures.