Commentary to article 92. Compulsory treatment in a psychiatric hospital of the Criminal Code of the Republic of Kazakhstan of the Criminal Code of the Republic of Kazakhstan
1. Compulsory treatment in a psychiatric hospital may be prescribed if there are grounds provided for in Article 88 of this Code, if the nature of a person's mental disorder requires such conditions of treatment, care, maintenance and supervision that can only be carried out in a psychiatric hospital.
2. Compulsory treatment in a general psychiatric hospital may be prescribed to a person who, due to his mental state and the nature of a socially dangerous act committed, needs inpatient treatment and supervision, but does not require intensive supervision.
3. Compulsory treatment in a specialized psychiatric hospital may be assigned to a person who, due to his mental state and the nature of the socially dangerous act committed, requires constant monitoring.
4. Compulsory treatment in a specialized psychiatric hospital with intensive supervision may be assigned to a person who, by his mental state and the nature of the socially dangerous act committed, poses a particular danger to himself or others and requires constant and intensive supervision.
Compulsory treatment in a psychiatric hospital may be prescribed if there are grounds provided for in Article 88 of the Criminal Code of the Republic of Kazakhstan, if the nature of a person's mental disorder requires such conditions of treatment, care, maintenance and supervision that can only be carried out in a psychiatric hospital. Compulsory measures related to the placement of a person in a psychiatric hospital restrict human rights and freedoms to a greater extent than outpatient compulsory supervision and treatment by a psychiatrist, because the application of these measures is accompanied by isolation from others, which leads to serious restrictions on human rights and freedoms.
Compulsory treatment in a general psychiatric hospital may be prescribed to a person if the nature of his mental disorder requires such conditions of treatment, care, maintenance and supervision that can only be carried out in a psychiatric hospital.
The following grounds are required for admission to a psychiatric hospital of a general type:
a) the danger of a person to be hospitalized, both for himself and for others;
b) there is concern about a possible significant deterioration of the mental state if the person is not placed in a psychiatric hospital. Such a fear should be justified by the results of a psychiatric examination.
The Criminal Code of the Republic of Kazakhstan defines that compulsory treatment in a psychiatric hospital of a general type can be assigned to a person who, due to his mental state and the nature of a socially dangerous act committed, needs inpatient treatment and supervision, but does not require intensive supervision.
A psychiatric hospital of a general type is a medical and preventive institution that provides examination, treatment and social and labor rehabilitation of persons suffering from mental disorders. Such hospitals are under the jurisdiction of the regional or city state health authority. The regime of detention in psychiatric hospitals of a general type, i.e. hospitals, is sufficiently free, which allows for effective treatment. However, the mental state of such patients should not require intensive monitoring. The most detailed clinical and social criteria for referral to a general psychiatric hospital are set out in departmental regulations of health authorities. Thus, persons are placed in a general hospital who, by the nature of the act committed and by their mental state, need and need sufficient hospital care and compulsory treatment.
Compulsory treatment in a specialized psychiatric hospital may be prescribed to persons who, due to their mental state and the nature of the socially dangerous act committed, require constant monitoring. Persons with various mental disorders who have committed dangerous acts classified as serious (but not related to encroachment on the lives of citizens), who are prone to repeated socially dangerous acts and who have shown such features of their condition and behavior that indicate the need for their stay under constant supervision are sent to such hospitals. Constant monitoring is provided by additional medical personnel and employees of the security service established in hospitals.
The specialization of a psychiatric hospital means that the medical institution has a special treatment regime for patients. The clinical and social characteristics of the patients held in these departments determine the specifics of the organization of the institution's work. This, firstly, concerns enhanced monitoring and surveillance measures: security alarms, isolated exercise yards, monitoring of transfers, etc.; secondly, it is associated with a large volume of medical and rehabilitation measures, occupational therapies, etc.
Compulsory treatment in a specialized psychiatric hospital with intensive supervision may be assigned to a person who, by his mental state and the nature of the socially dangerous act committed, poses a particular danger to himself and others, and requires constant and intensive supervision. Thus, this most severe measure of compulsory treatment is applied in cases where a person's psyche is in a state that makes it possible for him to commit acts that are dangerous both to himself (suicide attempts, self-mutilation) and to others (assault, injury, attempted murder, arson, etc.In addition, the nature of the crime or socially dangerous act committed by such a person (murder, banditry, robbery, intentional infliction of serious harm to health, rape, etc.) also serves as an indicator of such a possibility. Such individuals are characterized by the persistence of a mental disorder and its frequent relapses, pronounced aggressive behavior, sudden outbursts of anger, etc. These individuals need compulsory medical treatment, but in conditions where they are under intensive and strict supervision. The conditions of their detention in the hospital exclude the possibility of committing actions that may cause significant harm to the person himself, medical and service personnel, as well as to any other persons, or may pose a real threat of causing such harm. In hospitals with intensive care, the safest possible conditions are created for patients. Not only the external security of such hospitals, but also the supervision of the behavior of patients inside the department.
Security in specialized hospitals is carried out by the forces of the non-military supervisory staff of the internal affairs bodies. They also, together with the medical staff, receive people with mental disorders, monitor their supervision during walks, visits, etc.
Minors under the age of 16 are not sent to psychiatric hospitals with intensive supervision.
In psychiatric hospitals, physical force has to be applied to individual patients when, in the opinion of a psychiatrist, it is impossible to prevent socially dangerous actions of a hospitalized person by other methods. The forms and time of application of physical measures are recorded in the medical documentation. The use of physical measures against psychiatric hospital patients without sufficient grounds, as well as the illegal giving of orders on their use, entail criminal liability. For placing a person in a psychiatric hospital without sufficient grounds, the perpetrator is subject to disciplinary or criminal liability (art.127 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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