Article 133 — Effect of Limited Responsibility upon Penalty.

(1) In the case of criminals of limited responsibility, subject to the determination of penalty under Article 49, the Court shall when necessary, after having suspended the sentence temporarily, order his confinement (Art. 130) or his treatment in a suitable institution (Art. 131). (2) Upon termination of the measure ordered the court shall, upon a report made by the management of the institution or the responsible protector, decide whether the enforcement of the penalty is still necessary and determine in accordance with the provision of Article 116 of this Code whether or not the period of confinement or treatment should be deducted from the sentence unserved. The Court shall take into account the gravity of the crime committed, the antecedents and character of the criminal, the effect the internment or treatment had upon his condition and the likelihood of his permanent recovery. (3) No penalty shall be enforced where the Court considers it inexpedient so to do.