Commentary to article 391. Resolving the issue of the defendant's sanity The Criminal Procedure Code of the Republic of Kazakhstan
In cases where, during pre-trial proceedings or court proceedings, the question of the defendant's sanity arose, the court is obliged to discuss this issue again when passing sentence.
Having recognized that the defendant was in a deranged state at the time of the commission of the act or became ill with a mental disorder after committing a criminal offense, depriving him of the opportunity to realize the actual nature and social danger of his actions (inaction) or to direct them, the court has the right to terminate the criminal case and order the application of compulsory medical measures to the defendant. The court may make such a decision in the conference room, provided that the defense counsel participated in the main trial.
If the defense counsel did not participate in the main trial, the court, in the presence of the circumstances specified in the second part of this Article, shall order the referral of the case to the appropriate court for its consideration in accordance with the procedure provided for in Article 519 of this Code.
If the defendant is found to be insane, no verdict will be issued in the case, and the case will be terminated with the application of compulsory medical measures to the insane in accordance with the procedure provided for in chapter 54 of the CPC.
The issue of the defendant's sanity is discussed by the court only when the issue arose during the pre-trial proceedings or at a court hearing.
When discussing the issue of the defendant's sanity, the court analyzes the data available in the case, and in the case of the defendant's mental illness after the commission of the crime, it proceeds from the defendant's behavior in the main trial.
If the question of the defendant's sanity arose in the conference room, the court is obliged to resume the judicial investigation and appoint a forensic psychiatric examination.
2-3. Based on the results of the court proceedings against an insane person, as well as against a defendant who became mentally ill after committing a crime, the court has the right to terminate the criminal case and order the application of compulsory medical measures to the defendant, specified in art. 93 of the Criminal Code. However, such a decision can only be made if a defense attorney participated in the main trial.
Commentary to the Criminal Procedure Code of the Republic of Kazakhstan from the Supreme Court of the Republic of Kazakhstan
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