Article 21

No person shall be found guilty where, by reason of mental impairment at the time of the relevant conduct, the person was incapable of appreciating the nature or consequences of the conduct or of appreciating that the conduct was wrong.

Where the Court finds that by reason of mental impairment at the time of the relevant conduct, the person is not fully capable appreciating the nature or consequences of the conduct or of appreciating that the conduct was wrong, the Court shall unrestrictedly reduce the penalty (Article 66).

Where, for purpose of the determinations under sub-arts (1) and (2), there is doubt as to the ability of the person’s appreciation, the Court shall obtain expert evidence as described in the Evidence Code of Eritrea.

The expert evidence shall describe the diagnosed condition of the accused person at the time of the act in issue in relation to his present condition and the effect of the impairment in issue upon his faculties of judgment and free determination as well as explain the expediency and the nature of medical treatment or safety measures.