Article 17. Voluntary renunciation in an unconsummated criminal offense

1. The voluntary renunciation shall mean the final discontinuation of the preparation for crime or a criminal attempt by a person of his/her own will, where that person have realized that the criminal offense may be consummated.

2. A person who voluntarily renounced to consummate a criminal offense shall be criminally liable only if the actual act committed by that person comprised elements of any other offense.

Chapter IV. CRIMINALLY LIABLE PERSON (CRIMINAL OFFENDER)

Article 18. Criminal offender

1. A criminal offender shall mean a sane person who has committed a criminal offense at the age of criminal liability may rise under this Code.

2. A special criminal offender shall mean a sane person who has committed a criminal offense at the age of criminal liability may rise, if that offense may only be committed by a certain person.

Article 19. Criminal sanity

1. A person who was aware of and could control his/her actions (omissions) at the time of an offense shall be recognized sane.

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.

Article 21. Criminal liability for offenses committed in a state of intoxication resulting from the use of alcohol, narcotics, or any other intoxicating substances

A person who committed a criminal offense in a state of intoxication resulting from the use of alcohol, narcotic, or any other intoxicating substances shall be criminally liable.

Дата добавления: 2015-11-16