North Dakota § 40-18.1-04 Criminal responsibility

North Dakota Statutes

§ 40-18.1-04 — Criminal responsibility

North Dakota § 40-18.1-04

Title 40Municipal Government

Ch. 40-18.1Municipal Courts

This text of North Dakota § 40-18.1-04 (Criminal responsibility) is published on Counsel Stack Legal Research, covering North Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.D. Cent. Code § 40-18.1-04 (2026).

Text

1.A case in which the defendant's criminal responsibility at the time of the crime is in question may be transferred to the district court for evaluation upon written request by the defendant. The defendant shall initiate the request within twenty-eight days after arraignment and the district court shall order the defendant to undergo a criminal responsibility evaluation under chapter 12.1-04.1.

2.Following the evaluation, if the defendant asserts the defense of lack of criminal responsibility, the case must remain in district court for trial. If the defendant does not assert the defense of lack of criminal responsibility, the district court shall remand the case to the municipal court for further proceedings.

3.In proceedings under this section, the city shall provide a prosecuting att

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1. A case in which the defendant's criminal responsibility at the time of the crime is in
question may be transferred to the district court for evaluation upon written request by
the defendant. The defendant shall initiate the request within twenty-eight days after
arraignment and the district court shall order the defendant to undergo a criminal
responsibility evaluation under chapter 12.1-04.1.
2. Following the evaluation, if the defendant asserts the defense of lack of criminal
responsibility, the case must remain in district court for trial. If the defendant does not
assert the defense of lack of criminal responsibility, the district court shall remand the
case to the municipal court for further proceedings.
3. In proceedings under this section, the city shall provide a prosecuting attorney and, in
the case of an indigent defendant, a defense attorney. The city may contract with the
county, state, or any person for the prosecution or defense services.