GENERAL PART
Chapter Three
CRIMINAL OFFENCE
1. General provisions on Criminal Offence
Guilt
Article 22
(1) A perpetrator is guilty if he/she was mentally competent and acting with premeditation at the time of committing of the criminal offence, and was aware or should or could have been aware that his action was prohibited.
(2) A perpetrator is also guilty when acting in negligence, if so explicitly provided by law.
Mental Incompetence
Article 23
There is no criminal offence if it was committed in a state of mental incompetence.
A perpetrator is mentally incompetent if they were unable to understand the significance of their act or were unable to control their actions due to mental illness, temporary mental disorder, mental retardation or other severe mental disorder.
(3) A perpetrator of a criminal offence whose ability to understand the significance of their act or ability to control their actions was substantially diminished due to any of the conditions stipulated in paragraph 2 of this Article (substantially diminished mental competence) may be given a mitigated sentence.
Incapacity - national proceedings
Insanity - national proceedings
Mental disease or defect - national proceedings
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