(1) A person shall not be held criminally liable who, at the time of committing a harmful act, was in a state of irresponsibility, i.e. was unable to be aware of his actions or inactions or to direct them because of a chronic mental illness, temporary mental disorder or other pathological condition. In respect of such a person, based on the decision of the court, medical measures of restraint provided for in this Code may be applied.

(2) A person shall not be liable to punishment who, although having committed the offence in a state of responsibility, before the court has pronounced the sentence, has fallen ill with a mental illness which has deprived him/her of the possibility to realize his/her actions or inactions or to direct them. On the basis of the decision of the court, such a person may be subjected to medical restraint measures and, after recovery, to punishment.