THE DECISION – Art. 33 of the Criminal Code states that the person who, due to mental underdevelopment or mental disorder (long-term or short-term), cannot understand the nature or meaning of what was done, or guide his actions, is not criminally responsible.

Two criteria:

Medical: Presence of mental disorder or mental retardation.

Legal: Inability to understand actions or control actions.

Degrees of mental retardation (oligophrenia):

IDIOTY: Complete absence of conscious activity.

Imbecility: Moderate, lacks the ability to think abstractly.

MENTALITY: The mildest form in which, in some simple situations, a person can be considered sane.

MENTAL DISORDERS: Includes long-lasting (eg, schizophrenia) or short-term (eg, pathological intoxication, affective states) disorders occurring at the time of the crime.

Consequences: INSANE PERSONS – GERB ❗ are not subject to punishment, but the court can order compulsory medical measures, such as placement in a mental hospital.