-9Article 24.
CDL-REF(2021)022
Age for criminal liability
1. A person who has attained the age of sixteen before committing a criminal offence shall be
subject to criminal liability.
2. Persons who have attained the age of fourteen before committing a criminal offence shall
be subject to criminal liability for murder (Articles 104-108), intentionally causing of grave or
medium-gravity harm to health (Articles 112-116), abduction of people (Article 131), rape
(Article 138), violent sexual actions (Article 139), robbery (Article 175), theft (Article 177),
larceny (Article 176), extortion (Article 182), illegally taking possession of a vehicle or other
means of transport without the aim of unlawful taking (Article 183), intentionally destructing or
damaging property in aggravating circumstances (parts 2 and 3 of Article 185), unlawful taking
or extortion of weapon, ammunition, explosives or explosive devices (Article 238), unlawful
taking or extortion of narcotic drugs or psychotropic substances (Article 269), damage of
means of transport or communications routes (Article 246), hooliganism (Article 258).
3. Where a person has attained the age provided for in part 1 or 2 of this Article, but due to
mental retardation was not capable of fully realising the nature and significance of his or her
act or to control it, he or she shall not be subject to criminal liability.
(Article 24 amended by HO-97-N of 9 June 2004, HO-76-N of 26 May 2008, HO-323-N of
7 December 2011)
Article 25.
Insanity
1. A person shall not be subject to criminal liability who was in the state of insanity while
committing an act dangerous to the public, i.e. due to chronic mental illness, temporary mental
impairment, dementia or other diseased condition could not realise the dangerous nature of
his or her action (inaction) or to control it.
2. The court may impose medical coercive measures on a person having committed the act
dangerous to the public in the state of insanity.
3. A person who has committed a criminal offence in the state of sanity but, before the delivery
of a criminal judgement by the court, has become mentally ill that has deprived him or her of
the capability of realising the actual nature and significance of his or her action (inaction) or
controlling it also shall not be subject to punishment. The court may apply medical coercive
measures on such a person who, after recovery, may be subject to punishment.
Article 26.
Limited sanity
1. A sane person, who while committing a criminal offence due to mental impairment could
not fully realise the actual nature of his or her action (inaction) and the social danger thereof
or control it, shall be subject to criminal liability.
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