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

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

GENERAL PART

Chapter III CRIMES

Article 13.- The state of having no penal liability capacity

1. Persons who commit acts dangerous to the society while suffering from mental disease or disease which deprives them of their capability to be aware of or to control their acts, shall not have to bear penal liability therefore; to these persons, the measure of enforced hospitalization shall apply.

2. Persons who commit crimes while having penal liability but falling into the state prescribed in Clause 1, of this Article, before being sentenced, shall be subjected to enforced hospitalization. After recovering from the illness, such persons may bear penal liability.