15A-1001. No proceedings when defendant mentally incapacitated; exception.
(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.)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 15A - Criminal Procedure Act
Article 56 - Incapacity to Proceed.
§ 15A-1001 - No proceedings when defendant mentally incapacitated; exception.
§ 15A-1003 - Referral of incapable defendant for civil commitment proceedings.
§ 15A-1004 - Orders for safeguarding of defendant and return for trial.
§ 15A-1005 - Reporting to court with regard to defendants incapable of proceeding.
§ 15A-1006 - Return of defendant for trial upon gaining capacity.