Comments on Article 336. Deadline for submitting an application for compulsory hospitalization of a citizen in a psychiatric hospital of the Civil Procedure Code of the Republic of Kazakhstan

1. An application for compulsory hospitalization of a citizen in a psychiatric hospital is submitted to the court no later than seventy-two hours after the person is placed in a psychiatric hospital.Compulsory hospitalization of a citizen in a psychiatric hospital before the court makes a decision is allowed solely for the purpose of avoiding the consequences provided for in paragraphs 2), 3) and 4) of paragraph 1 of Article 94 of the Code of the Republic of Kazakhstan "On the health of the people and the healthcare system".In each case of involuntary hospitalization without a court decision, the administration of a psychiatric organization sends a written notification to the prosecutor within forty-eight hours from the moment the citizen is placed in a psychiatric hospital.

2. By initiating a case, the judge simultaneously extends the stay of a citizen in a psychiatric hospital for the period necessary for consideration of the application in court.

1. Part one of Article 336 of the CPC establishes a time limit for applying to a court for compulsory hospitalization or extending the period of compulsory hospitalization of a citizen suffering from a mental disorder to a psychiatric hospital. The application must be submitted to the court no later than seventy-two hours after the person is admitted to a psychiatric hospital. The compulsory stay of a person in a psychiatric hospital lasts only for the duration of the preservation of the grounds on which the hospitalization was carried out.

Forced hospitalization and medical care without the consent of citizens is allowed in relation to persons:

1) suffering from diseases that pose a danger to others. These include: human immunodeficiency virus disease and human immunodeficiency virus carriers; hemorrhagic fevers; diphtheria; meningococcal infection; polio; sexually transmitted infections; leprosy; malaria; anthrax (pulmonary form); tuberculosis; cholera; plague; typhoid fever; viral hepatitis A; mental disorders and behavioral disorders (The list of socially significant diseases and diseases that pose a danger to others was approved by the Order of the Minister of Health and Social Development of the Republic of Kazakhstan dated May 21, 2015 No. 367);

2) suffering from severe mental disorders (diseases);

3) those suffering from mental disorders (diseases) and who have committed a socially dangerous act. The law provides grounds for the compulsory hospitalization of a citizen suffering from a mental disorder in a psychiatric hospital: the possibility of his examination or treatment is available only in inpatient conditions; the mental disorder is severe and causes his helplessness, that is, the inability to independently meet basic life needs, in the absence of proper care; significant harm to his health due to the deterioration of his mental state in the case of leaving a person without psychiatric help. A person admitted to a psychiatric hospital on the grounds provided for in paragraph 1 of Article 94 of the Code "On the Health of the People and the Healthcare System", for example, suffering from severe mental disorders (diseases) or suffering from mental disorders (diseases) and having committed a socially dangerous act, is subject to mandatory examination within forty-eight hours from the moment of hospitalization by a commission of doctors-psychiatrists of a psychiatric organization that decides on the validity of hospitalization. In cases where hospitalization is recognized as unjustified and the hospitalized person does not express a desire to remain in a psychiatric hospital, he must be discharged immediately.

In case of disagreement with compulsory hospitalization, a person suffering from mental disorders (diseases) or his legal representative has the right to apply to the court. Since forced placement in a psychiatric hospital affects the constitutional right of a citizen to freedom of movement, the law provides for the obligation of the administration of a psychiatric organization to notify the prosecutor in writing within forty-eight hours from the moment of placing a citizen in a psychiatric hospital.

2. The court, accepting the case for its proceedings and initiating the case, by a separate ruling extends the stay of a citizen in a psychiatric hospital for the period necessary for consideration of the application in court. It seems that the deadline can be determined before the decision enters into force. 

LIBRARY OF THE SUPREME COURT OF THE REPUBLIC OF KAZAKHSTAN

Astana, 2016

UDC 347 (574)  

By 63

ISBN 978-601-236-042-4

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