(3) The measures referred to in para. 2 above may be imposed on a perpetrator
whose mental capacity has been significantly diminished provided that he has already
received a punishment or suspended sentence.
(4) Mandatory medical treatment of drug addiction, mandatory medical
treatment of alcoholism, disqualification from a profession, activity or duty, driving
prohibition, confiscation of objects and publication of the judgment may be imposed if
the perpetrator has already received punishment, suspended sentence or judicial
admonition or if his punishment has been remitted
(5) The measure of expulsion of a foreign national from the country may be
imposed provided that the perpetrator has already received punishment or suspended
sentence.
(6) A security measure shall be imposed for concurrent criminal offences
provided that it was pronounced for at least one of the concurrent criminal offences.
Mandatory Psychiatric Treatment and Placement in Medical Institution
Article 69
(1) The court shall impose mandatory psychiatric treatment and placement in an
appropriate medical institution on a perpetrator who committed a criminal offence in
the state of significantly diminished mental capacity if it establishes that in consideration
of the committed offence and the state of mental alienation there is a serious threat that
the perpetrator may commit a more serious criminal offence and that it is necessary to
order his medical treatment in such an institution in order to eliminate this threat.
(2) If the conditions referred to in para. 1 above are met, the court shall order
mandatory treatment and placement in a medical institution to a perpetrator who while
in the state of mental incapacity committed an unlawful act that constitutes a criminal
offence by law.
(3) The court shall suspend the measure referred to in paras 1 and 2 above once
it has established that the need for treatment and confinement of the perpetrator in a
medical institution has ceased.
(4) The measure referred to in para. 1 above that is imposed together with a
prison term may last longer than the imposed sentence.
(5) The time spent in a medical institution by the perpetrator who committed a
criminal offence in the state of significantly diminished mental capacity and who has
been punished by prison term shall be included in the prison term imposed. If the period
spent in a medical institution is shorter than the duration of the punishment imposed,
once the security measure ends, the court shall order that the convicted person serves
the remainder of punishment or be released on parole. In taking a decision on the release
on parole, the court shall give due consideration in particular to the success of the
treatment, his health condition, the time spent in a medical institution and the
remainder of punishment not yet served, in addition to the conditions referred to in
Art.37 hereof.
Mandatory Outpatient Psychiatric Treatment