(1) Whoever is under fourteen years of age upon commission of the act is not deemed to have acted reprehensibly. A juvenile is deemed to have acted reprehensibly only under the prerequisites of section 3 sentence 1 of the Youth Courts Act.
(2) Whoever is incapable upon commission of the act of appreciating the fact that the act was unauthorised or of acting in accordance with such appreciation due to a pathological emotional disorder, profound cognitive disorder, an impairment of intelligence, or any other serious emotional disturbance, is not considered to have acted reprehensibly.