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 when 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 when 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 intended 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 349), 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).