Sure, if you can make the case that you were not in your right mind when you committed a crime and therefore unable to grasp what you were doing (criminal responsibility or Schuldunfähigkeit in German), you cannot be punished. If the court also finds that you were only temporarily in a condition that made you commit the crime but will most likely not do anything like it again and are not a danger to others? You may go neither to prison nor to a mental institution.
Sure, if you can make the case that you were not in your right mind when you committed a crime and therefore unable to grasp what you were doing (criminal responsibility or Schuldunfähigkeit in German), you cannot be punished. If the court also finds that you were only temporarily in a condition that made you commit the crime but will most likely not do anything like it again and are not a danger to others? You may go neither to prison nor to a mental institution.
That’s a very interesting way of handling the situation. Honestly think that a more appropriate way of handling/framing the case.