North Carolina General Statutes § 15A-1001 No proceedings when defendant mentally incapacitated; exception
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(a) No person may be tried, convicted, sentenced, or punished for a crime when by reason of mental illness or defect he is unable to understand the nature and object of the proceedings against him, to comprehend his own situation in reference to the proceedings, or to assist in his defense in a rational or reasonable manner. This condition is hereinafter referred to as "incapacity to proceed."
(b) This section does not prevent the court from going forward with any motions which can be handled by counsel without the assistance of the defendant. (1973, c. 1286, s. 1.)
Sections: 15A-974 15A-975 15A-976 15A-977 15A-978 15A-979 15A-980 15A-1001 15A-1002 15A-1003 15A-1004 15A-1005 15A-1006 15A-1007 15A-1008
Last modified: February 21, 2012
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