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.
Article 22. Age of criminal liability
1. Persons who have reached the age of 16
years before the commission of a criminal
offense shall be criminally liable.
2. Persons who have committed criminal offenses
at the age of 14 to 16 years shall be criminally
liable only for a murder (Articles 115-117),
attempted killing of a statesperson or public
figure, a law enforcement officer, a member
of a civilian peace-keeping or border-guard
unit, or a serviceman, judge, assessor or
juror, in connection with their activity related
to the administration of justice, a defense
attorney or agent of any person in connection
with their activity related to legal assistance,
or a foreign representative (Articles 112,
348, 379, 400 and 443), intended grievous
bodily injury (Article 121, paragraph 3 of
Articles 345, 346, 350, 377 and 398), intended
bodily injury of medium gravity (Article 122,
paragraph 2 of Articles 345, 346, 350, 377
and 398), sabotage (Article 113), gansterism
(Article 257), act of terrorism (Article 258),
hostage taking (Articles 147 and 348), rape
(Article 152), violent unnatural satisfaction
of sexual desire (Article 153), theft (sections
185, paragraph 1 of Articles 262 and 308),
robbery (Articles 186, 262 and 308), brigandage
(Article 187, paragraph 3 of Articles 262
and 308), extortion (Article 189, 262 and
308), willful destruction or endamagement
of property (paragraph 2 of Articles 194,
347, 352 and 378, paragraphs 2 and 3 of Article
399), endamagement of communication routes
and means of transportation (Article 277),
theft or seizure of railroad rolling stock,
air-, sea- or river-craft (Article 278), misappropriation
of transportation (paragraph 2 and 3 of Article
289), and hooliganism (Article 296).
