Article 391. Resolution of the issue of the defendant's sanity CPC RK Criminal Procedure Code of the Republic of Kazakhstan

     1. In cases where, during pre-trial proceedings or court proceedings, the question of the defendant's sanity arose, the court is obliged to discuss this issue again when passing sentence.

     2. Having recognized that the defendant was in a deranged state at the time of the commission of the act or became ill with a mental disorder after committing a criminal offense, depriving him of the opportunity to realize the actual nature and social danger of his actions (inaction) or to direct them, the court has the right to terminate the criminal case and order the application of compulsory medical measures to the defendant. The court may make such a decision in the conference room, provided that the defense counsel participated in the main trial.

     3. If the defense counsel did not participate in the main court proceedings, the court, in the presence of the circumstances specified in the second part of this Article, shall order the referral of the case to the appropriate court for its consideration in accordance with the procedure provided for in Article 519 of this Code.

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