GENERAL PART
SECTION TWO. CRIME
CHAPTER IX. CIRCUMSTANCES RELIEVING RESPONSIBILITY
Article 34. Release from Responsibility for Mental Illness
1. Criminal liability for the illegal action provided under this Code shall in no way be imposed upon the person who, due to chronic mental illness, temporary mental disorder, imbecility or any other mental disease, was unable to comprehend the illegitimacy of his/her action or, although could comprehend but, nevertheless, could not act otherwise.
2. The court may apply any of the medical measure of coercion provided by this Code to the person released from responsibility.
3. No criminal liability shall be imposed upon the one who committed the relevant consequence of the Corpus Delicti at the condition of full legal responsibility but had become mentally ill before the deliverance of sentence wherefore can not control or guide oneself. In such case the court may award a medical measure of coercion and after the recovery such person may be punished.
Article 35. Diminished Responsibility
1. Criminal liability shall not be lifted up from the major who, at the moment of committing the crime, was in the condition of diminished responsibility, i.e. could not fully comprehend the actual character or illegitimacy of his/her action or guide oneself due to mental illness.
2. The court gives due consideration to the diminished responsibility when awarding a sentence and this may serve as the basis for awarding a medical measure of coercion.
3. Criminal liability shall be lifted up from the minor who was in the condition of diminished responsibility at the moment of committing the crime. In such case the court may award a medical measure of coercion. Article 36. Omission
1. The person who does not know that the action perpetrated by him/her is illegal shall not be punished if the omission can be forgiven.
2. The omission can be forgiven if in the existing situation the person did not know and could not know that he was practicing an illegal action.
3. If the omission cannot be forgiven, the person may be held liable only for negligence if the perpetration of such action by negligence is punishable under this Code.
Incapacity - national proceedings
Insanity - national proceedings
Mental disease or defect - national proceedings
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