Commentary to article 17. Criminal liability of persons with a mental disorder that does not exclude the sanity of the Criminal Code of the Republic of Kazakhstan of the Criminal Code of the Republic of Kazakhstan
1. A sane person who, at the time of committing a crime, due to a mental disorder, could not fully realize the actual nature and social danger of his actions (inaction), or direct them, is subject to criminal liability.
2. A mental disorder that does not exclude sanity shall be taken into account by the court when imposing punishment as a mitigating circumstance and may serve as a basis for imposing compulsory medical measures provided for by this Code.
A mental disorder that does not exclude sanity is proposed to be understood as a condition in which a person, due to a mental disorder, could not fully realize the actual nature and social danger of his actions (inaction) or direct them. At the same time, the inferiority of consciousness and will associated with the influence of mental processes is completely justified, as indicated by the adverb "by force". Mental anomalies do not allow the subject to fully understand the meaning of what is happening, as a result of which an illegal way of resolving emotional tension is much more likely and accessible to him.
The legislator associates the content of limited sanity, as well as with insanity, with the presence of legal and medical criteria. At the same time, the intellectual feature of the legal criterion of reduced sanity should include: the limited ability of a person to realize the actual nature and social danger of his actions (inaction); the volitional feature - the limited ability to direct his actions.
Persons of limited sanity suffer from mental disorders, but they retain the ability, although significantly reduced, to realize the actual nature and social danger of their actions (inaction) and to direct them (the legal criterion of reduced sanity).
The psychological (legal) criterion of diminished sanity is present when the ability to recognize and direct one's actions has not been lost, but has been weakened (reduced).
Thus, in order to have a legal criterion of reduced sanity, it is necessary to establish the degree to which a person was aware of the actual nature of what he had done and its social danger, as well as to what extent a person whose psyche was not normal had the ability to direct his actions.
The intellectual criterion of diminished sanity means that a person could not fully understand the actual nature, the factual side of his actions (inaction), in addition, it must also be established that the person could not fully understand his social meaning, in particular the social danger of what he had done. The mental disorder suffered by the person who committed the crime affected his awareness of the actual nature and social danger of his actions (inaction), therefore, this awareness is not complete.
The volitional criterion of reduced sanity is the limited ability of a person to direct the actions performed.
The medical criterion of reduced sanity is represented by a list of mental anomalies, that is, mental disorders that only affect behavior, but do not exclude the ability of a person to realize the actual nature and social danger of what he has done, as well as to direct it.
Mental disorders such as oligophrenia in the degree of debility; residual effects of traumatic brain injuries; organic diseases of the central nervous system; psychopathies, epilepsy; schizophrenia in a state of stable remission; vascular diseases with mental changes are most often found in the justification of the medical criterion of limited sanity.
A person found to be of limited sanity is subject to criminal liability. However, the fact that a person at the time of committing a crime, due to a mental disorder, could not fully realize the actual nature and social danger of his actions (inaction) or direct them, on the basis of Part 2 of Article 17 of the Criminal Code of the Republic of Kazakhstan, is taken into account by the court when imposing punishment as a mitigating circumstance and may serve as a basis for imposing compulsory medical measures. provided for by this Code (see the commentary to Section VII of the Criminal Code of the Republic of Kazakhstan).
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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