Swiss Criminal Code

¹ If the per­son con­cerned was un­able at the time of the act to ap­pre­ci­ate that his act was wrong or to act in ac­cord­ance with this ap­pre­ci­ation of the act, he is not li­able to a pen­alty.

² If the per­son con­cerned was only par­tially able at the time of the act to ap­pre­ci­ate that his act was wrong or to act in ac­cord­ance with this ap­pre­ci­ation of the act, the court shall re­duce the sen­tence.

³ Meas­ures in ac­cord­ance with Art­icles 59–61, 63, 64, 67, 67b and 67e may, however, be taken.¹⁵

⁴ If it was pos­sible for the per­son con­cerned to avoid his state of men­tal in­ca­pa­city or di­min­ished re­spons­ib­il­ity and had he done so to fore­see the act that may be com­mit­ted in that state, para­graphs 1–3 do not ap­ply.