Title 12.1 — Criminal Code
53 chapters · 382 sections in this title.
N.D.C.C. § 12.1-04-01 Juveniles
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The prosecution of an individual as an adult is barred if the offense was committed while the individual was less than fourteen years of age.
N.D.C.C. § 12.1-04-02 Intoxication
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1. Intoxication is not a defense to a criminal charge. Intoxication does not, in itself, constitute mental disease or defect within the meaning of section 12.1-04-04. Evidence of intoxication is admissible whenever it is relevant to negate or to establish an element of the offens…
N.D.C.C. § 12.1-04-03 Lack of criminal responsibility a defense
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Repealed by S.L. 1985, ch. 173, § 29.
N.D.C.C. § 12.1-04-04 Definitions
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As used in this chapter, unless the context otherwise requires: 1. "Fitness to proceed" means sufficient present ability to consult with the individual's counsel with a reasonable degree of rational understanding and a rational as well as factual understanding of the proceedings …
N.D.C.C. § 12.1-04-04.1 Disposition of defendants - Lack of fitness to proceed - Records
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1. A defendant is presumed to be fit to stand trial, to plead, or to be sentenced. 2. An individual who lacks fitness to proceed may not be tried, convicted, or sentenced for the commission of an offense. 3. Any report filed pursuant to this chapter regarding "diagnosis, treatmen…
N.D.C.C. § 12.1-04-05 Notice of defense, filing
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Superseded by N.D.R.Crim.P., Rule 12.2.
N.D.C.C. § 12.1-04-06 Temporary detention for purposes of examination
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Whenever there is reason to doubt the defendant's fitness to proceed, the court may order temporary detention of the defendant for the purpose of an examination. The temporary detention must be in the least restrictive appropriate setting, including the state hospital, the life s…
N.D.C.C. § 12.1-04-07 Examination - Report - Hearing when contested
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1. Whenever there is reason to doubt the defendant's fitness to proceed, the court shall order the defendant be examined by a tier 1a mental health professional. 2. An examination must occur within fifteen days from receipt of material necessary to examine the fitness of the indi…
N.D.C.C. § 12.1-04-08 Suspension or dismissal of proceedings - Referral for services
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1. If the court determines based upon a preponderance of the evidence that the defendant currently lacks fitness to proceed and the defendant is charged with a class B misdemeanor, except a class B misdemeanor under chapter 12.1-17, the proceedings must be dismissed. 2. If the co…
N.D.C.C. § 12.1-04-09 Legal objections to prosecution allowed
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The fact that the defendant is unfit to proceed does not preclude any legal objection to the prosecution which is susceptible of fair determination prior to trial and without the personal participation of the defendant.
N.D.C.C. § 12.1-04-10 Acquittal due to mental disease or defect - Petition to clerk of court
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Repealed by S.L. 1985, ch. 173, § 29.