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Extension, Modification, and Termination of the Application of Compulsory Medical Measures
📘 GENERAL CHARACTERISTICS
Article 96 of the Criminal Code of the Republic of Kazakhstan (CC RK) establishes the procedure for the extension, modification, and termination of compulsory medical measures (CMM), defining:
· who initiates the procedure;· how often medical examinations are conducted;· on what grounds the court makes its decision;· the further procedure if treatment is terminated.
📌 This provision is aimed at ensuring:
· legal protection of the person subjected to CMM;· proper control over the duration of isolation and treatment;· minimization of intervention when the patient’s condition improves.
📑 ARTICLE-BY-ARTICLE ANALYSIS
🔹 Part 1 — Procedure of Initiation
“...upon submission by the administration of the medical institution providing treatment, on the basis of the conclusion of a commission of psychiatrists”
📌 The court cannot act on its own initiative — the process is triggered only by:
· the administration of the institution (psychiatric hospital or dispensary);· an official medical conclusion of a psychiatric commission.
⚖️ Judicial control guarantees:
· compliance with the patient’s rights;· possibility of appeal;· consideration of both medical and legal factors.
📎 Related norm: Code of Criminal Procedure (CCP RK), Art. 437 – judicial review of CMM issues.
🔹 Part 2 — Terms and Frequency of Examination
“...at least once every six months...”
📝 Every 6 months, the person must undergo examination by a commission of psychiatrists. Based on the results, the following actions are possible:
| Mental condition | Commission’s decision | Institution’s actions |
|---|---|---|
| Improved | Recommend termination / mitigation | Submit motion to the court |
| Unchanged | Recommend extension | Submit conclusion for extension |
📌 The first extension — 6 months after the start of treatment. Further extensions — once a year.
🔹 Part 3 — Grounds for Modification or Termination of CMM
“...in the event of a change in the person’s mental state that eliminates the necessity...”
📌 Grounds for termination:· illness has entered stable remission;· danger to self and others has disappeared;· the person has become socially safe.
📌 Grounds for modification:· improvement of the condition allowing transfer: o from inpatient to outpatient treatment; o from intensive supervision to general regime;· deterioration requiring a stricter measure.
⚖️ The decision is made by the court, based on:· the medical conclusion of the commission;· the submission of the institution’s administration;· case materials and observations.
🔹 Part 4 — Consequences of Termination of Inpatient Treatment
“...the court may refer the materials to the health authorities...”
📌 Even upon termination of CMM, the court may:· refer the person to a neuropsychiatric organization for observation;· forward the case to health authorities if further (voluntary or socially significant) treatment is required.
📎 Regulated by:· Law of the Republic of Kazakhstan “On Healthcare”;· Government Decree of the RK No. 111 of 29.01.2020 – procedure for providing CMM and psychiatric care.
⚖️ EXAMPLE FROM PRACTICE
Case No. 2-1183/2023 (Karaganda)A man, placed in a specialized hospital under intensive supervision after being found insane (in a case of intentional infliction of grievous bodily harm), underwent commission review after 1 year.Conclusion: stable remission, no signs of danger.The court terminated CMM and forwarded the materials to the regional health department for arranging voluntary outpatient treatment.
📚 RELATED NORMS
📌 Criminal Code of the RK:· Arts. 91–95 — grounds, purposes, and types of CMM;· Art. 17 — insanity;· Art. 55 — postponement of punishment in case of mental disorder;· Art. 437 CCP RK — judicial review of CMM issues.
📌 Criminal Executive Code (CEC RK):· Chapter 23 — execution of CMM;· Arts. 173–175 — extension and termination of CMM, procedure of examination.
📌 Law of the RK “On Healthcare”:· Psychiatric care, procedure of treatment;· Rights of the patient, including right of appeal.
🌍 INTERNATIONAL STANDARDS
🔸 UN Convention on the Rights of Persons with Disabilities (CRPD):· Art. 14: deprivation of liberty of persons with mental disorders is permissible only by court decision, under medical necessity, and for a limited period.
🔸 ECHR (Case Stanev v. Bulgaria):· any extension of treatment without judicial review violates Art. 5 of the ECHR (right to liberty).
📌 Principle: intervention must be proportionate, temporary, and subject to control.
✅ CONCLUSION
Article 96 of the CC RK plays a key role in ensuring the right to liberty and medical care for persons subjected to CMM. It:
· establishes judicial and medical oversight;· ensures flexibility and proportionality of the measure;· prevents indefinite detention without justification;· implements international standards of human rights and healthcare.
Attention!
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