Comment to Article 91. Outpatient compulsory supervision and psychiatric treatment of the Criminal Code of the Republic of Kazakhstan of the Criminal Code of the Republic of Kazakhstan

     Outpatient compulsory supervision and treatment by a psychiatrist may be prescribed if there are grounds provided for in Articles 88 of this Code, if a person does not need to be placed in a mental hospital due to his mental state.      

The types of compulsory medical measures prescribed by the health authorities comply, first of all, with the Law of the Republic of Kazakhstan "On Psychiatric Care and Guarantees of citizens' rights in its provision" dated April 16, 1997.      

Compulsory outpatient observation and psychiatric treatment may be prescribed if there are grounds provided for in Article 88 of the Criminal Code of the Republic of Kazakhstan, if such a person does not need to be placed in a psychiatric hospital due to his mental state. The grounds for the use of this type of compulsory medical measures are the same as for the use of other types: the commission by a person of an act provided for by criminal law, and the presence of a mental disorder, including one that does not exclude sanity, or the need for treatment for alcoholism, drug addiction or substance abuse.      

Outpatient compulsory observation and psychiatric treatment is the mildest type of compulsory medical measures, because it restricts the rights of the person against whom this measure is applied to the least extent. This measure does not isolate a person from society.      

In accordance with art . 26 of the above-mentioned law, several types of outpatient psychiatric care are provided in the country (consultation, treatment, and follow-up). In terms of its content, we are only interested in outpatient follow-up, which can be compulsory.      

Outpatient compulsory supervision and treatment by a psychiatrist may be established for a person suffering from a chronic and prolonged disorder with severe, persistent, often aggravated painful manifestations (art.27 of the Law).      

The decision on the need for compulsory outpatient supervision and treatment is made by the court, but only on the basis of the conclusion of a commission of psychiatrists (at least three specialists).      

A positive aspect of this compulsory medical measure is that a person does not lose his family, work, or social ties. Maintaining these connections will reduce the likelihood of a recurrence of socially dangerous acts.      

Outpatient compulsory follow-up must necessarily be accompanied by treatment. The compulsion of these measures lies in the fact that the person to whom the court has appointed these measures is obliged to appear to a psychiatrist periodically, within the time limits prescribed by the doctor, to monitor his state of mind and treatment until this measure is lifted or the type of compulsory medical measures is changed.

Commentary from 2007 to the Criminal Code of the Republic of Kazakhstan from the Honored Worker of Kazakhstan, Doctor of Law, Professor, Academician of the Kazakhstan National Academy of Natural Sciences BORCHASHVILI I.Sh.                  

Date of amendment of the act:  08/02/2007 Date of adoption of the act:  08/02/2007 Place of acceptance:  NO Authority that adopted the act: 180000000000 Region of operation:  100000000000 NPA registration number assigned by the regulatory body:  167 Status of the act:  new Sphere of legal relations:  028000000000 Report form:  COMM Legal force:  1900 Language of the Act:  rus

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