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:

📌 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!   

       Law and Law Law Law draws your attention to the fact that this document is basic and does not always meet the requirements of a particular situation. Our lawyers are ready to assist you in legal advice, drawing up any legal document suitable for your situation.  

 For more information,  please contact a Lawyer / Attorney by phone: +7 (708) 971-78-58; +7 (700) 978 5755, +7 (700) 978 5085. 

Attorney at Law Almaty Lawyer Legal Services Legal Advice Civil Criminal Administrative Cases Disputes Protection Arbitration Law Firm Kazakhstan Law Office  Court Cases