Commentary on Article 90. Types of Compulsory Medical Measures of the Criminal Code of the Republic of Kazakhstan
The court may impose the following types of compulsory medical measures:
a) compulsory outpatient supervision and treatment by a psychiatrist;
b) compulsory treatment in a general-type psychiatric hospital;
c) compulsory treatment in a specialized-type psychiatric hospital;
d) compulsory treatment in a specialized-type psychiatric hospital with intensive supervision.
- Persons convicted of crimes committed in a state of sanity, but requiring treatment for alcoholism, drug addiction (toxicomania), or mental disorders that do not exclude criminal responsibility, may, in addition to their sentence, be subjected by the court to compulsory medical measures in the form of compulsory outpatient supervision and treatment by a psychiatrist.
Under the current legislation, the court may impose the following compulsory medical measures on persons who have committed socially dangerous acts while in a state of insanity or who have committed such acts while sane but subsequently developed a mental illness depriving them of the ability to understand the nature and significance of their actions or to control them; persons who have committed a crime and suffer from mental disorders that do not exclude criminal responsibility; as well as persons who have committed a crime and have been recognized as requiring treatment for alcoholism, drug addiction or toxicomania:
a) compulsory outpatient supervision and treatment by a psychiatrist;
b) compulsory treatment in a general-type psychiatric hospital;
c) compulsory treatment in a specialized-type psychiatric hospital;
d) compulsory treatment in a specialized-type psychiatric hospital with intensive supervision (Article 90 of the Criminal Code of the Republic of Kazakhstan).
Similar types of psychiatric hospitals or departments with ordinary, medium or maximum levels of security and differentiated regimes for the detention of patients who have committed dangerous acts are provided for by the legislation of a number of European countries (the United Kingdom, France, Germany, etc.).
The selection of the appropriate type of compulsory medical measure is made by the court, taking into account an assessment of the social danger of the act committed by the person requiring treatment, as well as the degree of dangerousness of the individual and the nature of the mental disorder from which that person suffers. The latter two circumstances are established with the assistance of psychiatric experts.
When determining the social danger of an act committed by a person requiring treatment, consideration is given to the nature of the act, the method of its commission, the means and instruments used, the motives and purposes of the act, and other circumstances. The degree of dangerousness of the individual is assessed on the basis of their mental condition, which is often the cause of their unlawful behavior. Factors taken into account include the persistence and frequency of recurrence of the pathological condition accompanied by aggressive behavior, a tendency to make hostile outbursts directed at others, and other similar factors.
The dangerousness of a mentally ill person is understood as a mental condition in which psychopathological manifestations cause inappropriate behavior that is inconsistent with the existing situation, as a result of which physical or property damage may be caused to others or to the patient themselves.
The Resolution of the Plenum of the Supreme Court of the Republic of Kazakhstan dated July 9, 1999, "On Judicial Practice in the Application of Compulsory Medical Measures," states:
"The dangerousness of a person to themselves or others may be evidenced by the nature and severity of the mental disorder, the person's propensity, as a result thereof, to commit violent acts against other persons or to cause harm to themselves, to commit other socially dangerous acts (theft, arson, destruction of or damage to property by other means, etc.), as well as the physical condition of the patient, taking into account which the possibility of the patient carrying out their socially dangerous intentions is assessed."
The first type of compulsory medical measure is compulsory outpatient supervision and treatment by a psychiatrist.
a) Compulsory outpatient supervision and treatment by a psychiatrist consists of placing a person under outpatient psychiatric supervision at their place of residence, where the person has been subjected to a type of punishment not involving deprivation of liberty. A person against whom this medical measure has been imposed is obliged to visit a neuropsychiatric institution regularly in order to receive the prescribed treatment. Compulsory outpatient supervision and treatment entails fewer restrictions compared with other types of compulsory medical measures, thereby contributing to the preservation of the patient's social ties. At the same time, if a person fails to comply with the established supervision regime or refuses treatment, such person may be transferred by the healthcare authorities to an inpatient treatment regime.
b) Compulsory treatment in a general-type psychiatric hospital is a compulsory medical measure imposed by the court and carried out in psychiatric institutions providing inpatient treatment.
Article 29 of the Law of the Republic of Kazakhstan "On Psychiatric Care and Guarantees of Citizens' Rights in the Provision Thereof" dated April 16, 1997, establishes the grounds for the compulsory hospitalization of persons in a psychiatric hospital. These include:
- immediate danger to others or to the patient themselves;
- helplessness of the person, i.e. the inability to independently satisfy their basic life needs and the absence of appropriate care;
- significant harm to health as a result of deterioration of the person's mental condition if the person is left without psychiatric assistance.
Compulsory treatment in a psychiatric hospital may be imposed only where these grounds are present.
c) Compulsory treatment in a specialized-type psychiatric hospital, as ordered by the court, is carried out in hospitals specializing in the provision of compulsory treatment. The patient detention regime in specialized-type psychiatric hospitals consists of the implementation of control and supervision measures aimed at the compulsory treatment and monitoring of patients.
d) Compulsory treatment in a specialized-type psychiatric hospital with intensive supervision, as determined by the court, is carried out in institutions fully equipped and adapted for compulsory treatment with intensive supervision.
The main purpose of these psychiatric hospitals is to ensure safe conditions for the detention of patients. Along with control and supervision measures, they provide for the operation of security departments. The activities of these security departments are aimed at ensuring continuous supervision of patients, as well as protecting the psychiatric hospitals themselves.
Part 2 of the provision under consideration defines the categories of persons who have committed crimes and to whom compulsory outpatient supervision and treatment by a psychiatrist may be applied in addition to punishment.
With regard to persons suffering from mental disorders that do not exclude criminal responsibility, and persons who have committed a crime while in a state of sanity but have been recognized as requiring treatment for alcoholism, drug addiction or toxicomania, where such persons have been sentenced to a punishment in the form of deprivation of liberty, compulsory medical measures are carried out at the place where they serve their sentence of imprisonment.
The medical and sanitary provision for persons sentenced to deprivation of liberty is regulated by Article 97 of the Criminal Executive Code of the Republic of Kazakhstan.
Commentary dated 2007 on the Criminal Code of the Republic of Kazakhstan by I. Sh. Borchashvili, Honored Worker of Kazakhstan, Doctor of Law, Professor, Academician of the Kazakhstan National Academy of Natural Sciences.
Date of amendment of the act: 02.08.2007
Date of adoption of the act: 02.08.2007
Place of adoption: NONE
Body that adopted the act: 180000000000
Registration number of the regulatory legal act assigned by the rule-making body: 167
Status of the act: new
Sphere of legal relations: 028000000000
Form of the act: COMMENTARY
Legal force: 1900
Language of the act: Russian
Criminal Code, Commentaries on the Criminal Code, Normative Resolution of the Supreme Court, Criminal Legislation, Regulatory Legal Acts of the Republic of Kazakhstan.
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