Commentary on Article 95. Compulsory Medical Measures Combined with the Execution of a Sentence. Criminal Code of the Republic of Kazakhstan
1. In the cases provided for in paragraph one of Article 88 of this Code, compulsory medical measures shall be carried out at the place where the sentence of imprisonment is served, and in respect of persons sentenced to other types of punishment, in healthcare institutions providing outpatient psychiatric care.
2. If a convicted person's mental condition changes in a manner requiring inpatient treatment, the placement of the convicted person in a psychiatric hospital or other medical institution shall be carried out in accordance with the procedure and on the grounds provided for by the legislation of the Republic of Kazakhstan on healthcare.
3. The period of stay in the aforementioned institutions shall be credited towards the term of serving the sentence. When the need for further treatment of the convicted person in the aforementioned institutions ceases, discharge shall be carried out in accordance with the procedure provided for by the legislation of the Republic of Kazakhstan on healthcare.
4. The termination of the application of a compulsory medical measure combined with the execution of a sentence shall be carried out by the court upon the submission of the body executing the sentence, on the basis of the conclusion of a commission of psychiatrists.
Issues related to the execution of a sentence imposed for the commission of a criminal offence are regulated by the Criminal Executive Code of the Republic of Kazakhstan, adopted on December 13, 1997. However, issues related to the application of compulsory medical measures combined with the execution of sentences are addressed by this criminal law provision.
Part 1 of the commented article defines the places where compulsory medical measures are provided to convicted persons. It states that where a punishment involving deprivation of liberty is imposed, compulsory medical measures shall be carried out at the place where the sentence is served, that is, in places of deprivation of liberty. If a person is sentenced to a punishment not involving deprivation of liberty, compulsory medical measures shall be carried out in healthcare institutions providing outpatient medical care. Such care is provided by psychoneurological and narcological dispensaries. If a person no longer requires compulsory treatment, they shall be discharged from these institutions in accordance with the procedure provided for by the Law of the Republic of Kazakhstan dated April 16, 1997, "On Psychiatric Care and Guarantees of Citizens' Rights in the Provision Thereof."
If a convicted person's mental condition changes in a manner requiring inpatient treatment, the placement of the convicted person in a psychiatric hospital or other medical institution shall be carried out in accordance with the procedure and on the grounds provided for by the legislation of the Republic of Kazakhstan on healthcare (Part 2 of Article 95 of the Criminal Code of the Republic of Kazakhstan). In this case, the matter concerns the possibility of placing persons serving sentences involving deprivation of liberty in psychiatric and narcological dispensaries. Such convicted persons are subject to placement in inpatient medical institutions located within places of deprivation of liberty. The grounds for placing them in such institutions are changes that have occurred in the mental condition of the convicted person. The hospitalization of persons sentenced to punishments not involving deprivation of liberty shall be carried out in psychiatric and narcological inpatient facilities operated by healthcare management authorities. The period of stay in an inpatient facility, as already mentioned, shall be credited towards the term of such punishments, calculated on the basis of one day spent in a psychiatric inpatient facility being equivalent to one day of deprivation of liberty. This means that, in this case, the period of serving the sentence is not interrupted. When the need for further treatment of the convicted person in a psychiatric or narcological dispensary ceases, the person shall be sent to serve the sentence pursuant to a court ruling.
The termination of the application of a compulsory medical measure combined with the execution of a sentence shall be carried out by the court.
However, the court's decision must be based exclusively on the conclusion of a commission consisting of psychiatrists. In this regard, the commission of psychiatrists submits its conclusion to the body executing the sentence, and the body executing the sentence, in turn, applies to the court.
Commentary to the Criminal Code of the Republic of Kazakhstan, 2007. By I.Sh. BORCHASHVILI, Honoured 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
Territorial scope of application: 100000000000
Registration number of the regulatory legal act assigned by the law-making body: 167
Status of the act: new
Area of legal relations: 028000000000
Form of the act: COMMENTARY
Legal force: 1900
Language of the act: Russian
Criminal Code, Commentaries on the Criminal Code, Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan, Criminal Legislation of the Republic of Kazakhstan, Regulatory Legal Acts.
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