Goals of Applying Compulsory Medical Measures
📘 GENERAL CHARACTERISTICS
Article 92 of the Criminal Code of the Republic of Kazakhstan (CC RK) defines the purpose of applying compulsory medical measures (CMM). These measures are not punitive and do not constitute criminal punishment. Their main objective is medical and preventive in nature, aimed at protecting the mental health of the individual and ensuring public safety.
🎯 GOALS OF APPLYING CMM (according to Article 92 of the CC RK)
- 🏥 Treatment of the individual
This is the primary goal, especially in cases of reversible mental disorders. Treatment involves eliminating the symptoms of the illness, normalizing behavior, and reducing the individual's danger to society.
📌 Example: A person suffering from reactive psychosis caused by stress may fully recover.
- 🧠 Improvement of mental condition
When full recovery is impossible (e.g., in chronic illnesses such as schizophrenia or manic-depressive psychosis), the goal is to stabilize the condition, reduce the severity of dangerous symptoms, and achieve remission.
📌 Example: A person with chronic schizophrenia receives treatment that allows them to live a controlled social life without posing a threat to others.
- 🛡 Prevention of new offenses
The preventive function of CMM aims to:
· prevent harm to other individuals;· avoid recurrence of dangerous actions;· ensure public and personal safety.
📌 This goal is directly related to the criteria outlined in Article 91, part 2 of the CC RK — presence of danger to oneself or others.
🧩 CONNECTION WITH OTHER NORMS OF THE CC RK
📎 Article 91 CC RK – Grounds for applying CMM:
· Determines who and under what circumstances the measures are applied;· Article 92 answers the question: why they are applied.
📎 Article 96 CC RK – Termination of CMM:
· CMM shall be terminated if the goals listed in Article 92 are achieved;· In practice, this means the person no longer poses a danger, their condition is stabilized, and the risk of repeated offenses is minimal.
⚖️ PRACTICE OF THE COURTS OF KAZAKHSTAN
Example (Case No. 2-474/2022, Almaty):A person was found legally insane in a case of intentional infliction of grievous bodily harm. The court ordered hospitalization. Eight months later, doctors issued a report indicating improvement and absence of dangerous behavior. The court, referring to the achievement of the treatment goal, canceled the measure.
🌐 INTERNATIONAL STANDARDS
🔸 UN Convention on the Rights of Persons with Disabilities (CRPD), Article 14:
Persons with mental disorders cannot be deprived of liberty indefinitely and without regular review of the need for treatment.
🔸 European Court of Human Rights (ECHR):
· Case Winterwerp v. Netherlands (1979):Deprivation of liberty on medical grounds is permissible only if:
1. The illness is clearly established;2. The condition requires isolation;3. The necessity and duration of detention are regularly reviewed.
· Case Stanev v. Bulgaria (2012):Medical detention without a treatment goal is considered cruel and inhuman treatment.
📌 International norms require:
· clear articulation of CMM goals;· regular assessment of treatment effectiveness;· proportionality of the measure to the severity of the disorder.
❗ IMPORTANT PRACTICAL ISSUES
- Goal of treatment ≠ indefinite detention
CMM must not turn into life-long deprivation of liberty under the guise of medical care.
- Medical conclusion is the main criterion
The goal is considered achieved if a specialized institution issues a report confirming:
· recovery from illness;· transition of the disorder into remission;· elimination of social danger.
- Rehabilitation as part of the goal
CMM should provide not only isolation and treatment but also opportunities for reintegration into society (social support, employment, therapy).
✅ CONCLUSION
Article 92 of the CC RK is fundamental for assessing the justification and duration of CMM. It:
· emphasizes that non-medical goals (e.g., punishment) are inadmissible;· directs courts and healthcare institutions toward a rehabilitative approach;· serves as a legal guideline for terminating the measure once the goals are met.
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.
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