Article 523. Termination, modification and extension of the application of compulsory medical measures CPC RK Criminal Procedure Code of the Republic of Kazakhstan
1. Issues of termination, modification or extension of the application of a compulsory medical measure in accordance with the procedure provided for in article 96 of the Criminal Code of the Republic of Kazakhstan are considered by the court that issued the decision on the application of a compulsory medical measure, and if the application of compulsory measures is carried out outside the territory of this court – by the relevant court at the place of application of this measure.
2. The court notifies the legal representative of the person to whom a compulsory medical measure has been applied, the administration of the institution providing compulsory treatment, the defender and the prosecutor about the appointment of the case for a hearing. The participation of the defender and the prosecutor in the court session is mandatory, the absence of other persons does not interfere with the consideration of the case.
3. The court session examines the presentation (conclusion) of the institution providing compulsory treatment, the conclusion of the commission of psychiatrists, and the opinion of the persons participating in the meeting. If the conclusion of the commission of psychiatrists is in doubt, the court, at the request of the persons participating in the meeting or on its own initiative, may order a forensic psychiatric examination, request additional documents, and also interrogate the person against whom the issue of termination, modification or extension of the compulsory medical measure is being decided, if possible due to his mental state..
4. The court terminates or modifies a compulsory medical measure in the case of a person's mental state in which there is no need to apply the previously prescribed measure or there is a need to prescribe another medical measure. The court extends compulsory medical treatment in the absence of grounds for termination or modification of compulsory medical measures.
5. On termination, modification or extension, as well as refusal to terminate, modify or extend the application of a compulsory medical measure, the court shall issue a decision in the conference room and announce it at the court session. The court's decision may be reviewed on appeal based on complaints from participants in the process or at the request of the prosecutor.
President
Republic of Kazakhstan
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