Article 26. Application of compulsory medical measures to convicts of the Criminal Executive Code of the Republic of Kazakhstan

    1. Compulsory medical measures shall be applied to persons sentenced to non-custodial punishments who have mental and behavioral disorders (diseases), including those related to the use of psychoactive substances that do not deny the validity of consciousness, in accordance with the Criminal Code of the Republic of Kazakhstan.

     2.persons sentenced to imprisonment who are recognized as in need of treatment for mental, behavioral disorders (diseases) related to the consumption of substances that have an active effect on the psyche, institutions apply compulsory medical measures by a court verdict, the implementation of which is assigned to medical organizations located in institutions.

     Warning. Part 2 as amended by the law of the Republic of Kazakhstan dated 30.12.2021 No. 95 – VII (as follows: in respect of persons held in pre-trial detention centers of the Penal correction (penitentiary) system-from July 1, 2022; in respect of persons held in institutions of the Penal correction (penitentiary) system – from January 1, 2023).

     3.if, during the serving of imprisonment, it is established that the convicted person suffers from the diseases specified in part one of this article, the administration of the institution sends to the court a recommendation on the application of compulsory medical measures to him.

     4.persons sentenced to imprisonment with tuberculosis or infectious diseases who have not undergone a full course of treatment are subject to compulsory treatment by medical organizations located in institutions by decision of the Medical Commission.

     Warning. Part 4 as amended by the Law of the Republic of Kazakhstan dated 12/30/2021 No. 95 – VII (effective from July 1, 2022 for persons held in pre-trial detention facilities of the penal (penitentiary) system; from January 1, 2023 for persons held in institutions of the penal (penitentiary) system).

     5.chemical castration shall be applied in relation to persons sentenced to imprisonment for a crime against sexual inviolability of minors six months before their release. In this regard, the administration of the institution sends materials to the court for the appointment of a forensic psychiatric examination no later than twelve months before the end of the term of serving the sentence in order to resolve the issue of the presence (absence) of mental disorders and a tendency to sexual violence in them. The provisions of this part do not apply to convicted persons to whom compulsory medical measures are applied by court decision in connection with the identification of mental disorders that do not deny the authenticity of the convicts' consciousness.

     The administration of the institution, based on the results of a forensic psychiatric examination, sends a submission to the court to resolve issues on the appointment, extension, change or termination of compulsory medical measures.

     The administration of the institution, within three working days from the date of receipt of the court decision, sends it to the healthcare organization at the chosen place of residence of the convicted person for the implementation of compulsory measures of a medical nature.

     A notice of release from institutions of a person sentenced to imprisonment for committing a crime against sexual inviolability of minors, in respect of which a court decision establishes a compulsory measure of a medical nature, is sent to the Health Organization and the internal affairs body at the place of residence five working days before the release.

Law of the Republic of Kazakhstan dated 5 July 2014 № 234-V. 

President    

Republic of Kazakhstan     

© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan  

 Constitution Law Code Standard Decree Order Decision Resolution Lawyer Almaty Lawyer Legal service Legal advice Civil Criminal Administrative cases Disputes Defense Arbitration Law Company Kazakhstan Law Firm Court Cases