Commentary on Article 89. Purposes of Applying Compulsory Medical Measures of the Criminal Code of the Republic of Kazakhstan
The purposes of applying compulsory medical measures are to cure the persons specified in the first part of Article 88 of this Code or to improve their mental condition, as well as to prevent them from committing new acts предусмотренных by the Special Part of this Code.*For the first time, the purpose of applying compulsory medical measures has been formulated in criminal legislation.
It is important to note that the main emphasis of the purposes of compulsory treatment has shifted towards treatment; in other words, the individual of the patient is placed in the forefront.Defining the purpose of applying compulsory measures is a fundamental basis that brings together the interests of various stakeholders: the state, society, and the individual. The inclusion in the Criminal Code of a provision on the purposes of applying compulsory medical measures is one of the ways of implementing citizens' rights to health protection, guaranteed by Article 29 of the Constitution of the Republic of Kazakhstan.
The stated purpose has its own specific characteristics and does not coincide with other purposes, such as the purposes of punishment or the purposes of providing medical care. They are closely interrelated but do not coincide with one another.The purposes of applying compulsory medical measures consist of three components: 1) curing the persons specified in Part 1 of Article 88 of the Criminal Code of the Republic of Kazakhstan; 2) improving the mental condition of the aforementioned persons; 3) preventing them from committing new criminal offences.
The purposes of applying compulsory medical measures coincide with the purposes of providing medical care in terms of curing individuals or improving their mental condition. At the same time, they do not coincide in terms of preventing the commission of new crimes. The purposes of applying compulsory medical measures coincide with the purposes of punishment in terms of preventing the commission of new crimes, but are opposed to them in other respects.
Thus, the purpose of applying compulsory medical measures is independent and separate, having its own specific means and methods of implementation.The cure of mentally ill persons is the most significant purpose, since it also achieves other purposes – protecting society and the patients themselves. To achieve this purpose, all necessary and tested methods of medication and other types of therapy are applied to patients.
Cure is the achievement of such a state of a person's psyche in which the individual is completely freed from the negative influence of mental disorders, and psychiatric specialists provide a favourable prognosis regarding their future behaviour, as a result of which the individual ceases to pose a danger to society.At the same time, it is not always possible to achieve a patient's complete recovery; therefore, it is sufficient to achieve an “improvement” in their mental condition. Improvement in the mental condition of persons to whom compulsory medical measures are applied means that the person has not been completely cured, but, due to positive changes in their psyche, they no longer pose the same danger as they did previously.
However, the improvement in their mental condition must be stable.The purpose of preventing a person to whom compulsory medical measures are applied from committing new crimes is achieved both by isolating from society a person who has committed a socially dangerous act and suffers from mental disorders, and by curing them or improving their mental condition.
The fundamental principles of providing psychiatric care when applying compulsory medical measures are legality, humanity, and respect for human and civil rights.**Commentary to the Criminal Code of the Republic of Kazakhstan dated 2007 by I.Sh. Borchashvili, Honoured Figure of Kazakhstan, Doctor of Law, Professor, Academician of the Kazakhstan National Academy of Natural Sciences.
**Date of amendment of the legal act: 02.08.2007 Date of adoption of the legal act: 02.08.2007 Place of adoption: NONE Body that adopted the legal act: 180000000000 Registration number of the normative legal act assigned by the law-making body: 167 Status of the act: new Scope of legal relations: 028000000000 Form of the act: COMMENTARY Legal force: 1900 Language of the act: RussianCriminal Code, Commentaries to the Criminal Code, [Regulatory Resolution of the Supreme Court](https://www.instagram.com/zakonpravo.kz/), Criminal Legislation, [Regulatory Legal Acts](https://web.facebook.com/ZakonPravoKaz) of the Republic of Kazakhstan
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