Article 481. Consideration of petitions for release from punishment or postponement of serving a sentence due to illness CPC RK Criminal Procedure Code of the Republic of Kazakhstan

Home / Codes / Article 481. Consideration of petitions for release from punishment or postponement of serving a sentence due to illness CPC RK Criminal Procedure Code of the Republic of Kazakhstan

1. The issue of release from punishment or postponement of serving a sentence due to illness is considered at the request of the convicted person (his legal representative or representative) or the institution or body executing the punishment.

2. The institution or body executing the sentence is obliged to provide the court with materials relevant for making a lawful decision, including confirming the length of the sentence served by the convicted person, and detailed data characterizing the behavior of the convicted person while serving the sentence, including information about his treatment for mental, behavioral disorders (diseases) related to with the use of psychoactive substances, and its results, the conclusion of the medical commission on the presence of a mental disorder or other serious illness in the convict, preventing the serving of a sentence, the need for appropriate treatment and the impossibility of its implementation in institutions of the penal system.

3. The institution or body executing the punishment shall provide the court with information on the convicted person's intended place of residence after release from punishment or postponement of serving the sentence due to illness, and if the nature of the disease requires mandatory treatment in cases provided for by law, the name of the institution to which the convicted person will be sent or placed.

4. When considering the issue of release from punishment or postponement of serving a sentence due to illness, the participation in the court session of a defender, a legal representative, a prosecutor, a representative of the institution or body executing the punishment, a representative of the medical commission that issued the conclusion is mandatory. If necessary, an expert who conducted the examination by court order and gave an opinion shall participate in the court session.

The court examines the compliance of the medical report with the list of diseases established by the authorized body, which are grounds for exemption from serving a sentence.

The convicted person participates in the court session if the nature of his illness does not prevent this.

5. After the preparatory part of the court session has been held, the convicted person (if he participates) or the institution or body executing the punishment, respectively, shall present the petition. Then the court examines the received materials and listens to the explanations of the persons who appeared at the court session. If necessary, to clarify the diagnosis and severity of the disease, as well as to resolve other issues requiring special knowledge, the court has the right to order forensic medical or forensic psychiatric examinations, including repeated ones.

6. Based on the results of the consideration of the petition, the court issues a resolution.:

1) on the satisfaction of the petition and the release of the convicted person from further serving his sentence due to illness with or without the use of compulsory medical measures;

2) the refusal to satisfy the petition, if a mental disorder or other serious illness does not prevent the execution of the sentence.

7. When deciding on the application of compulsory medical measures after the release of a convicted person from serving his sentence due to the presence of a mental disorder, the court resolves the following issues:

1) do the convicted person's painful mental disorders pose a danger to himself or others, or an opportunity to cause other harm;

2) whether and which compulsory medical measure is to be applied.

Having recognized that the convicted person's mental disorder does not pose a danger to himself or others or the possibility of causing other harm, the court does not prescribe the use of compulsory medical measures.

The court's decision should indicate that after the convict recovers, his sentence is resumed if the statute of limitations of the conviction has not expired. The time spent by the convicted person on compulsory medical treatment is counted towards the term of the sentence served.

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