Commentary on Article 94. Imposition of Punishment After the Application of Compulsory Medical Measures of the Criminal Code of the Republic of Kazakhstan
1. A person who, after committing a crime or while serving a sentence, develops a mental illness that deprives them of the ability to understand the nature of their actions or to control them may be sentenced by a court after recovery, provided that the limitation periods have not expired and there are no grounds for releasing that person from criminal liability.
2. In the event of recovery of a person whose mental disorder arose after the commission of a crime, when imposing a sentence or resuming its execution, the period during which compulsory treatment was administered to that person in a psychiatric hospital shall be credited towards the term of the sentence at the rate of one day spent in a psychiatric hospital for each day of imprisonment.*
The provision under consideration defines the conditions that make it possible to impose a sentence after compulsory treatment has been administered. These include:1) a mental illness that arose after the commission of a crime or while serving a sentence;2) the limitation periods for bringing the person to criminal liability have not expired;3) the absence of other grounds for releasing the person from criminal liability.Imposing a sentence on a person after the application of compulsory medical measures contributes to the implementation of the principle of “the inevitability of punishment for the act committed.” As is well known, every person must bear the punishment deserved for the act committed; however, if a person develops a mental illness that prevents the imposition of a sentence, the imposition of the sentence is postponed until that person recovers.
Thus, the humanism of our legislator is evident in the imposition of a sentence following compulsory treatment. After all, a person suffering from a mental illness cannot fully understand the nature of the punishment being imposed on them, and the sentence imposed will not achieve its objectives.Release from criminal liability due to the expiration of the limitation period is addressed in Article 69 of the Criminal Code of the Republic of Kazakhstan.
Other grounds for releasing a person from criminal liability are addressed in Section V of the Criminal Code (“Release from Criminal Liability and Punishment”).The provision under analysis establishes the procedure for calculating the periods of compulsory treatment in a psychiatric hospital and the terms of such punishment as imprisonment.
As indicated by the legislator, these periods are calculated in relation to each other as follows: “one day spent in a psychiatric hospital for each day of imprisonment.” Thus, equality is established between the periods of compulsory treatment in a psychiatric hospital and imprisonment.In our opinion, the period of compulsory treatment in a psychiatric hospital should also be credited towards the terms of punishments not involving deprivation of liberty.**
Commentary dated 2007 on the Criminal Code of the Republic of Kazakhstan 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: 02.08.2007Date of adoption of the legal act: 02.08.2007Place of adoption: NONEAuthority that adopted the legal act: 180000000000Territorial scope: 100000000000Registration number of the regulatory legal act assigned by the law-making authority: 167Status of the legal act: newScope of legal relations: 028000000000Form of the legal act:
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