Compulsory Outpatient Psychiatric Supervision and Treatment

📘 GENERAL OVERVIEW

Article 94 of the Criminal Code of the Republic of Kazakhstan regulates the least restrictive form of compulsory medical measures (CMM) — compulsory outpatient supervision and treatment. This measure is intended for individuals with mental disorders who do not require inpatient care but may pose a potential danger without medical support.

It is applied only when the grounds specified in Article 91 of the Criminal Code are present and aims at therapeutic and preventive intervention without deprivation of liberty.

📑 CONDITIONS FOR IMPOSITION (Link with Article 91 of the Criminal Code)

🔹 Grounds for Imposition (Article 91, Part 1):

1. Legal incapacity at the time of the offense;
2. Onset of a mental disorder after the offense;
3. Mental disorder not excluding legal capacity;
4. Dependence on psychoactive substances (PAS);
5. Sexual offenses against minors — including upon release.

🔹 Additional Criteria (from Article 94):

· The person’s mental condition does not require inpatient treatment;

· The condition can be monitored in an outpatient setting;

· No clear danger to self or others.

🔍 ESSENCE OF THE MEASURE

Outpatient treatment includes:

· Regular visits to a psychiatrist or neuropsychiatric dispensary;

· Taking prescribed medications;

· Possibly attending psychotherapy sessions;

· Medical monitoring of behavior, responses, and risk of relapse.

➡️ Isolation is not applied, but systematic control is maintained.

⚖️ JUDICIAL PRACTICE

Example (Case No. 2-1045/2022, Aktobe):A person who threatened to kill and was diagnosed with anxiety-depressive disorder was found legally competent but in need of medical supervision. The court ordered compulsory outpatient psychiatric treatment for 1 year, stating the individual did not pose an explicit threat but required medical intervention.

📌 GOALS (According to Article 92 of the Criminal Code)

· Improvement or stabilization of mental health;

· Prevention of new offenses;

· Ensuring personal and public safety without isolation;

· Resocialization through therapeutic rather than punitive measures.

📚 RELATED NORMS

📜 Domestic Legislation:

· Article 91 of the Criminal Code — grounds for applying CMM;

· Article 92 — goals;

· Article 93(1) — types of measures;

· Article 96 — modification or termination of CMM;

· Criminal Procedure Code Articles 435–437 — procedure for imposing CMM;

· Law of the Republic of Kazakhstan “On Healthcare” — medical supervision procedures;

· Order of the Ministry of Health of the Republic of Kazakhstan No. ҚР ДСМ-207/2020 — procedure for conducting psychiatric examinations.

🌍 INTERNATIONAL STANDARDS

🔸 UN Convention on the Rights of Persons with Disabilities:

· Article 14 — compulsory treatment is permissible only when strictly necessary and with minimal interference.

🔸 UN Beijing and Tokyo Rules:

· Support a therapeutic rather than punitive system;

· Emphasize medical justification and judicial oversight of all interventions.

🔸 ECtHR (Case X v. Finland):

· Interference with private life is only permissible under principles of proportionality, medical justification, and due legal process.

🧩 APPLICATION FEATURES

1. ✅ Imposed based on a forensic psychiatric expert opinion.
2. ✅ May be revoked or modified by the court if the goals are achieved or the need ceases (Article 96 of the Criminal Code).
3. ⚠️ Responsibility for enforcement lies with:

• medical institutions;
• probation authorities (if applied alongside punishment);
• possibly the court.

✅ CONCLUSION

Article 94 of the Criminal Code is a key element of a humane and proportionate system of medical measures, allowing for:

· Treatment of persons with mental disorders without isolation;

· Ensuring public safety without severe restrictions on liberty;

· Achieving resocialization goals in accordance with international legal standards.

Attention!   

       Law and Law Law Law draws your attention to the fact that this document is basic and does not always meet the requirements of a particular situation. Our lawyers are ready to assist you in legal advice, drawing up any legal document suitable for your situation.  

 For more information,  please contact a Lawyer / Attorney by phone: +7 (708) 971-78-58; +7 (700) 978 5755, +7 (700) 978 5085. 

Attorney at Law Almaty Lawyer Legal Services Legal Advice Civil Criminal Administrative Cases Disputes Protection Arbitration Law Firm Kazakhstan Law Office  Court Cases