1. Offenders must return appropriated property to their lawful owners or managers
and repair or compensate for material damage determined as having been caused by
their offenses.
2. In case of moral damage caused by the offense, the court shall compel the
offenders to make material compensation and public apologies to the victims.
Article 43.- Compulsory medical treatment
1. For persons who commit acts dangerous to society while they are suffering from
the diseases prescribed in Clause 1, Article 13 of this Code, depending on the
procedural stages, the procuracies or the court, basing themselves on the conclusion
of the Medical Examination Council, may decide to send them to specialized
medical establishments for compulsory medical treatment; if deeming it unnecessary
to send them to specialized medical establishments, it may assign such persons to the
care of their families or guardians under the supervision of competent State bodies.
2. For persons who commit crimes while having penal liability capacity but, before
being sentenced, they have suffered from illness to the extent of losing their
cognitive capability or the capability to control their acts, the courts, basing
themselves on the conclusion of the Medical Examination Council, may decide to
send them to specialized medical establishment for compulsory treatment. After their
recovery from illness, such persons may bear penal liability.
3. For persons who are serving their penalties but are suffering from illness to the
extent of losing their cognitive capability or the capability to control their acts, the
courts, basing themselves on the conclusion of the Medical Examination Council,
may decide to send them to specialized medical establishments for compulsory
treatment. After their recovery from illness, such persons shall continue serving their
penalties, if they have no reasons for exemption from serving their penalties.
Article 44.- The compulsory medical treatment duration
Based on the conclusion of the medical treatment establishments, if the persons
compelled to have medical treatment as provided for in Article 43 of this Code have
recovered from illness, depending on the procedural stages, the procuracies or the
courts shall consider and decide to suspend the application of this measure.
The compulsory medical treatment duration shall be subtracted from the term of
imprisonment imposed.
Chapter VII
DECIDING PENALTIES
Article 45.- Bases for deciding penalties
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