State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_15A > GS_15A-1001

SUBCHAPTERX. GENERAL TRIAL PROCEDURE.

Article 56.

Incapacity to Proceed.

§ 15A‑1001.  Noproceedings when defendant mentally incapacitated; exception.

(a)        No person may betried, convicted, sentenced, or punished for a crime when by reason of mentalillness or defect he is unable to understand the nature and object of theproceedings against him, to comprehend his own situation in reference to theproceedings, 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 doesnot prevent the court from going forward with any motions which can be handledby counsel without the assistance of the defendant. (1973, c. 1286, s. 1.)