Commentary to article 659. Termination of consideration of a criminal case in connection with the establishment of the defendant's insanity The Criminal Procedure Code of the Republic of Kazakhstan
If during the trial of the case by a court with the participation of a jury
The assessors identified circumstances giving grounds to believe that the defendant, due to his mental state, could not be brought to criminal responsibility or fell ill with a mental illness that deprived him of the opportunity to account for his actions or direct them, which is confirmed by the relevant conclusion of the forensic psychiatric examination, the presiding judge issues a decision to terminate the criminal case in accordance with paragraph 1) of the article 657 of this Code and considers it individually in accordance with the procedure provided for in Section 11 of this Code., the issue of applying compulsory medical measures to the insane.
A decision to terminate a criminal case in connection with the establishment of the defendant's insanity and the application or non-application of compulsory medical measures to him may be appealed or protested in accordance with the procedure provided for by this Code.
1. If, during the consideration of the case, the fact of the defendant's insanity at the time of the commission of the crime or the presence of a mental illness that arose after the commission of the crime, depriving him of the opportunity to account for his actions and direct them, the proceedings in the case with the participation of jurors shall be terminated, the court shall decide on its consideration in accordance with Chapter 54 of this Code.
2. An unconditional condition for the termination of the consideration of a criminal case is the availability of a forensic psychiatric examination that established the defendant's insanity, such an examination may be appointed during the consideration of the case at a court hearing.
If several persons are charged in the case, the judge must decide in the decision whether to separate the case into separate proceedings only in respect of the person who has a mental disorder, and in respect of other defendants, the case continues in accordance with this chapter.
Commentary to the Criminal Procedure Code of the Republic of Kazakhstan from the Supreme Court of the Republic of Kazakhstan
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