Article 73. Release from Punishment Due to an Illness
1. A person who, after the commission of a crime, became mentally ill which deprived him of a possibility to be aware of the actual character and danger to society of his acts (omission of acts) or to guide them, shall be exempt by a court from punishment, and such a person serving a sentence shall be exempt by a court from its further endurance. Upon such persons a court may sentence compulsory measures of a medical character stipulated by the present Code.
2. A person who suffers from another serious illness which impedes the serving of him of punishment, may be exempt by a court from serving punishment, or that punishment may be substituted for a more lenient type of punishment. In this respect, the gravity of a committed crime shall be taken into consideration, as well as personality of a given convict, the character of his illness, and other circumstances.
3. In case of their recovery, persons indicated in the first and second parts of this Article may be subject to criminal liability and punishment, unless the limitation periods expired which are stipulated by Articles 69 and 75 of the present Code.
4. Military servicemen sentenced to detention under arrest or detention in a disciplinary military unit, shall be exempt from punishment or its further endurance in case of an illness which makes them unsuitable for military service. An unserved term of punishment may also be substituted for them by a more lenient type of punishment.
|