Criminal Code of Kosovo - Legislationline

other circumstances surrounding the criminal offense and the voluntary participation of
the perpetrator in a treatment program.
CHAPTER V
MEASURES OF MANDATORY TREATMENT
Article 87
General principles
1. A perpetrator with a mental disorder, or a person who is being treated as such, shall be
treated with humanity and respect for the inherent dignity of the human person.
2. International standards applicable to persons with a mental disorder shall apply to a
perpetrator with a mental disorder to the fullest extent possible, with only limited
modifications and exceptions that are necessary in the circumstances.
3. A measure of mandatory psychiatric treatment shall not be ordered when it is
disproportionate to the gravity of the acts committed, the acts expected to be committed
by the perpetrator and the degree of danger that the perpetrator poses.
Article 88
Applicable measures and criminal sanctions
1. The measures of mandatory treatments that may be imposed on a perpetrator who is
not criminally liable, has substantially diminished mental capacity or is addicted to drugs
or alcohol are:
1.1. mandatory psychiatric treatment and custody in a health care institution;
1.2. mandatory psychiatric treatment at liberty; and
1.3. mandatory rehabilitation treatment of persons addicted to drugs or alcohol.
2. A criminal sanction, in accordance with this Code, may also be imposed on a
perpetrator who has committed a criminal offense in a state of diminished mental
capacity, if the grounds for imposing such a criminal sanction exist.
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