Chapter 3 - The general prerequisite of criminal liability
Section 4 – The age of criminal liability and criminal responsibility
(2) The perpetrator is not criminally responsible if at the time of the act, due to mental illness, severe mental deficiency or a serious mental disturbance or a serious disturbance of consciousness, he or she is not able to understand the factual nature or unlawfulness of his or her act or his or her ability to control his or her behaviour is decisively weakened due to such a reason (criminal irresponsibility).
(3) If the perpetrator is not criminally irresponsible pursuant to subsection 2 but, due to mental illness, mental deficiency, mental disturbance or disturbance of consciousness, his or her ability to understand the factual nature or unlawfulness of his or her act or his or her ability to control his or her behaviour is significantly weakened (diminished responsibility), the provisions in chapter 6, section 8(3) and 8(4) are to be taken into account in the determination of the sentence.
Incapacity - national proceedings
Insanity - national proceedings
Mental disease or defect - national proceedings
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