On judicial practice in the application of compulsory medical measures
Normative Resolution of the Supreme Court of the Republic of Kazakhstan dated July 9, 1999 No. 8.
The footnote. The title and the preamble were amended by the regulatory resolution of the Supreme Court of the Republic of Kazakhstan dated August 15, 2002 No. 18.
The footnote. Throughout the text:
The word "investigator" has been replaced by the words "the person conducting the pre-trial investigation";
The word "crime" has been replaced by the words "criminal offense";
The words "preliminary investigation" were replaced by the words "pre-trial investigation" by the regulatory resolution of the Supreme Court of the Republic of Kazakhstan dated December 24, 2014 No. 4 (effective from the date of its official publication).
The footnote. Throughout the text:
The words "parts 1" and "parts 2" were replaced, respectively, by the words "parts one" and "parts two" by the regulatory decree of the Supreme Court of the Republic of Kazakhstan dated 11.12.2020 No. 6 (effective from the date of the first official publication).
Having discussed the practice of courts in reviewing criminal cases on the application of compulsory medical measures to the insane, as well as to persons in need of treatment for alcoholism, drug addiction or substance abuse, and ideas on the termination, modification and extension of compulsory medical measures in order to eliminate deficiencies and ensure uniform application of legislation when considering cases of this category, the plenary The session of the Supreme Court of the Republic of Kazakhstan decides:
To draw the attention of the courts to the fact that the correct application of compulsory medical measures contributes to the cure or improvement of the health of persons who have committed socially dangerous acts in a state of insanity or who have mental disorders after committing a crime or who have committed a criminal offense and need psychiatric help or compulsory treatment for alcoholism, drug addiction, substance abuse, and also helps prevent the commission of these persons of new acts, the responsibility for which is established by criminal law.
To clarify that the issues of the use of compulsory medical measures, prolongation of their use, modification or termination of their use are regulated by articles 91 to 98 of the Criminal Code of the Republic of Kazakhstan (hereinafter referred to as the Criminal Code) and articles of Chapter 54 of the Criminal Procedure Code of the Republic of Kazakhstan (hereinafter referred to as the CPC), providing for the specifics of judicial proceedings in cases of this category. The grounds and procedure for providing medical care in connection with the use of compulsory medical measures are regulated by the Code of the Republic of Kazakhstan on the Health of the People and the Healthcare System (SAM No. 193-IV dated 09/18/09).
The footnote. Paragraph 2, as amended by regulatory rulings of the Supreme Court of the Republic of Kazakhstan dated 06/25/2010 No. 7 (for the procedure of entry into force, see paragraph 2); dated 12/24/2014 No. 4 (effective from the date of official publication); dated 12/11/2020 No. 6 (effective from the date of the first official publication).
Courts should keep in mind that the mere presence of a mental illness in a person, as a result of which he is unable to realize the actual nature and social danger of his actions or to direct them, is not a reason for the application of compulsory medical measures. In this regard, in each case it is necessary to check whether the commission of an act prohibited by criminal law has been proven, whether the person was in a state of insanity at the time of its commission. In addition, factual data should be established indicating the danger of a person due to mental disorders to himself or others, or the possibility of causing them other significant harm.
The danger of a person to himself or others may be evidenced by the nature and depth of the mental disorder, his propensity in this regard to commit violent acts against other persons or to harm himself, to commit other socially dangerous acts (theft, arson, destruction or damage to property in other ways, etc.), as well as physical the patient's condition, which is used to assess the possibility of the patient realizing his socially dangerous intentions.
In accordance with the requirements of article 271 of the CPC, for each criminal case, when circumstances are established that give reason to doubt the mental integrity of the person against whom a pre-trial investigation is being conducted, a forensic psychiatric examination must be prescribed. Such circumstances, in particular, may include information about the presence of mentally ill relatives in the family of the suspect or accused, about his being trained in an institution for the mentally retarded, about his injuries in the past, about being registered or undergoing treatment in psychiatric hospitals, about being released from criminal liability or punishment in the past in connection with with a mental disorder, etc. In the decision on the appointment of a forensic psychiatric examination for the permission of experts, questions should be raised that make it possible to determine whether a person has mental disorders in the past, the degree and nature of mental illness at the time of the commission of an act prohibited by law, or during an investigation or consideration of a case by a court, to establish the sanity of a person at the time of the commission of an act prohibited by criminal law, mental state a suspect or accused person after committing a crime during a preliminary investigation or trial, or while serving a criminal sentence by a court verdict, as well as the nature and depth of the mental disorder. Experts should also be asked whether, given the identified illness, a person poses a danger to himself or others, whether he or she is capable of causing other significant harm, whether and what kind of coercive medical measure needs to be applied, and whether, given the nature and severity of the mental illness, a person can provide explanations, file petitions, present evidence and perform other actions specified in the first part of Article 515 of the CPC.
If there is evidence in a criminal case of a person's systematic use of alcoholic beverages, narcotic drugs, psychotropic or other intoxicating substances, the authorities conducting the criminal process should issue a resolution on the examination of such persons and attach to the case the conclusion of the medical commission on whether the person needs compulsory treatment for alcoholism, drug addiction or substance abuse and not whether there are contraindications to this.
The footnote. Paragraph 4, as amended by regulatory rulings of the Supreme Court of the Republic of Kazakhstan dated 12/24/2014 No. 4 (effective from the date of official publication); dated 12/11/2020 No. 6 (effective from the date of the first official publication).
To clarify that the recognition of a person as insane in relation to one act does not exclude the possibility of recognizing him as sane in the commission of another act. In this regard, if a person who was previously recognized as insane and released from criminal liability commits an act prohibited by criminal law, a forensic psychiatric examination should be appointed and conducted in order to determine the sanity or insanity of the person in relation to the new act committed by him for each episode. In necessary cases, inpatient forensic psychiatric examinations, as well as psychological and psychiatric examinations, should be prescribed.
The authorities conducting criminal proceedings should keep in mind that, in accordance with articles 14, 279 of the CPC, compulsory placement in a medical organization of an accused or suspect in custody for conducting a forensic psychiatric examination is carried out on the basis of an indication to this effect in the investigator's decision, and placement in a medical organization for conducting a forensic psychiatric examination. An examination of a person who is not in custody is allowed with his consent, and in the absence of such, by court order.
The footnote. Paragraph 6 as amended by the regulatory resolution of the Supreme Court of the Republic of Kazakhstan dated December 24, 2014 No. 4 (effective from the date of its official publication).
Upon receiving the conclusion of a forensic psychiatric examination on the insanity of a person at the time of committing an act prohibited by criminal law or on the presence of a mental disorder after committing a crime, in addition to observing the general norms of the criminal procedure law governing the procedure for conducting a preliminary investigation, the investigator must immediately comply with the requirements of articles 509 to 518 of the CPC: The cases were transferred to separate proceedings, the preventive measure was lifted and, if necessary, a security measure was chosen., a defender and a legal representative are involved in the case, unless they have previously entered into the case on other grounds.
The footnote. Paragraph 7, as amended by regulatory rulings of the Supreme Court of the Republic of Kazakhstan dated 08/15/2002 No. 18; dated 06/25/2010 No. 7 (for the procedure of entry into force, see paragraph 2); dated 12/24/2014 No. 4 (effective from the date of official publication); dated 12/11/2020 No. 6 (effective from the date of the first official publication).
To draw the attention of the bodies conducting criminal proceedings to the fact that the law prohibits the application of preventive measures provided for in Article 137 of the CPC to persons who have committed socially dangerous acts in a state of insanity or who have suffered from mental disorders after committing a crime. Such persons may be subject to the security measures provided for in the second part of Article 511 of the CPC: transfer of the patient under the supervision of relatives, guardians, trustees with notification of the health authorities.; placement in an organization or a specialized medical organization providing psychiatric care. It should be borne in mind that a security measure in the form of transferring a patient to the supervision of relatives, guardians, and guardians can only be applied with the consent of these persons, and if they refuse, a security measure in the form of placement in a medical organization can be applied. The basis for the application of a security measure and the choice of its type are the data established in the case, indicating the danger of a person to himself or to others, or the possibility of causing other significant harm to the insane.
The footnote. Paragraph 8 as amended by regulatory rulings of the Supreme Court of the Republic of Kazakhstan dated 06/25/2010 No. 7 (for the procedure of entry into force, see paragraph 2); dated 12/24/2014 No. 4 (effective from the date of official publication).
Specialized medical organizations in which, if necessary, individuals can be placed are: a general psychiatric hospital, a specialized psychiatric hospital, and a specialized psychiatric hospital with intensive supervision. A reasoned court order or an investigating judge must be issued on forced placement in specialized medical organizations in connection with the choice of security measures in compliance with the requirements specified in part two of Article 14, part two of Article 279 and part two of Article 511 of the CPC.
The footnote. Paragraph 9, as amended by regulatory rulings of the Supreme Court of the Republic of Kazakhstan dated 06/25/2010 No. 7 (for the procedure of entry into force, see paragraph 2); dated 12/24/2014 No. 4 (effective from the date of official publication).
If during the preliminary investigation, prior to the establishment of the fact of mental illness, a preventive measure was applied to a person who committed an act prohibited by criminal law in a state of insanity and was not lifted at the end of the investigation, it must be immediately lifted by a decision of the prosecutor or by a court order when the case is accepted by them for their proceedings, and when a security measure is chosen The person must be transferred to an appropriate medical organization providing psychiatric care or placed under supervision.
The actual transfer of a patient under supervision or his placement in a specialized medical organization in connection with the application of security measures must be formalized in the form of a protocol, a resolution drawn up by an investigator, prosecutor or court. The enforcement of the procedural decision of the bodies conducting the criminal process on the delivery of a person who is in a specialized medical organization for examination or to a court hearing or to a place of compulsory treatment is entrusted to the internal affairs bodies in coordination with the medical organization in which the insane person is placed.
The footnote. Paragraph 10, as amended by regulatory rulings of the Supreme Court of the Republic of Kazakhstan dated 06/25/2010 No. 7 (for the procedure of entry into force, see paragraph 2); dated 12/24/2014 No. 4 (effective from the date of official publication).
In cases where, according to the conclusion of a forensic psychiatric examination, a person has not lost the ability to exercise his procedural rights, the authorities conducting the criminal proceedings must, in accordance with the requirements of part two of Article 515 of the CPC, explain to such a person the procedural rights and provide a list of them in writing.
The footnote. Paragraph 11 as amended by the regulatory resolution of the Supreme Court of the Republic of Kazakhstan dated December 24, 2014 No. 4 (effective from the date of its official publication).
According to article 517 of the CPC, the participation of a defender in cases of compulsory medical measures is mandatory. The defender's entry into the case must be carried out from the moment the fact of insanity or mental disorder of the person against whom the proceedings are being conducted is established, unless the defender entered the case earlier on other grounds specified in articles 64, 66, 67, 536 of the CPC.
The footnote. Paragraph 12 as amended by the regulatory resolution of the Supreme Court of the Republic of Kazakhstan dated December 24, 2014 No. 4 (effective from the date of its official publication).
In accordance with paragraph 11) of Article 7 of the CPC, parents, children, adoptive parents, adopted children, full- and half-siblings, grandparents, and grandchildren may be recognized as the legal representative of the insane or mentally ill after committing a crime. If a person does not have close relatives, his legal representative may be a lawyer or another person authorized to represent the legitimate interests of other persons in the proceedings, who is allowed to participate in the case by the body conducting the criminal proceedings.
The involvement of a legal representative in the case is carried out by a decision of the investigator, and if he has not done so, by a decision of the prosecutor or by a decision of the court in which the case is pending.
The issue of involving a legal representative in the case should be resolved immediately after the establishment of the fact of insanity or mental disorder of the person in respect of whom the proceedings are being conducted. The body conducting the criminal proceedings is obliged to explain to the legal representative his rights listed in the third part of Article 516 of the CPC and draw up a protocol on this (make an entry in the minutes of the court session).
The footnote. Paragraph 13, as amended by regulatory rulings of the Supreme Court of the Republic of Kazakhstan dated 12/24/2014 No. 4 (effective from the date of official publication); dated 12/11/2020 No. 6 (effective from the date of the first official publication); dated 12/22/2022 No. 10 (effective from the date of the first official publication).
The legal representative of an insane person, who is his close relative, may be questioned as a witness about the circumstances of the commission of an act prohibited by criminal law by an insane person, only with his consent to testify and after recognition as the legal representative of another person.
In cases of the use of compulsory medical measures, regardless of the legal assessment of the committed act, it is mandatory to conduct a preliminary investigation, during which the circumstances specified in the second part of Article 510 of the CPC must be fully, comprehensively and objectively investigated.
In cases where a person who has committed an act prohibited by criminal law, due to the nature and degree of mental disorders, does not pose a danger to himself or others, and there is no possibility of them causing other more significant harm, upon completion of the preliminary investigation, the investigator issues a resolution that must meet the requirements of parts two to six of Article 288 of the CPC, on termination of the proceedings on the grounds provided for in paragraph 9) of the first part of Article 35 of the CPC. In other cases, at the end of the preliminary investigation, a decision should be issued to send the case to court for the application of compulsory medical measures, and the case should be sent to the appropriate prosecutor.
The footnote. Paragraph 15, as amended by regulatory rulings of the Supreme Court of the Republic of Kazakhstan dated 12/24/2014 No. 4 (effective from the date of official publication); dated 12/11/2020 No. 6 (effective from the date of the first official publication).
If, during the preliminary investigation, it is established that after the commission of a crime, a person has a mental disorder that makes it impossible to continue criminal prosecution, the body conducting the criminal proceedings, in compliance with the requirements of articles 35 and 288 of the CPC, must terminate the proceedings by its decision. When, along with this, it is necessary to apply a compulsory medical measure to a sick person, the person conducting the pre-trial investigation is obliged to make a decision on this and send the case to the appropriate prosecutor for verification and approval of the decision to terminate the pre-trial investigation. After approval of the decision by the prosecutor, the investigator is obliged to notify the persons specified in the second part of Article 289 of the CPC about the decision.
The footnote. Paragraph 16, as amended by regulatory rulings of the Supreme Court of the Republic of Kazakhstan dated 08/15/2002 No. 18; dated 12/24/2014 No. 4 (effective from the date of official publication); dated 12/22/2022 No. 10 (effective from the date of the first official publication).
According to the fifth part of Article 518 of the CPC, the prosecutor, after examining the case that came with a decision on the use of compulsory medical measures, is obliged, if there are grounds specified in articles 35 and 288 of the CPC, to terminate the case, and, if necessary, to return it for additional investigation (for example, to further clarify the circumstances confirming or refuting the fact that a person committed an act prohibited by criminal law, for the correct legal assessment of the act, for the involvement of a defender or legal representative in the case, and for taking security measures, In the absence of grounds for termination of the case or for additional investigation, the prosecutor must send it to the appropriate court in compliance with the rules on territorial jurisdiction. The prosecutor does not issue a decision to bring to court persons who have committed an act prohibited by criminal law in a state of insanity or who have a mental disorder after committing a crime.
In order to comply with the legally guaranteed rights of the person in respect of whom the proceedings are being conducted, he and his legal representative, as well as other participants in the process, must be served with a decision to terminate the case or send the case to court for the application of a compulsory medical measure.
The footnote. Paragraph 17, as amended by regulatory rulings of the Supreme Court of the Republic of Kazakhstan dated 08/15/2002 No. 18; dated 12/24/2014 No. 4 (effective from the date of official publication); dated 12/11/2020 No. 6 (effective from the date of the first official publication).
The acceptance of a case on the application of compulsory medical measures for court proceedings and its appointment for consideration must be formalized by a judge's ruling. In addition to specifying the date and place of consideration of the case, the operative part of the resolution should indicate the cancellation of the preventive measure, if it has not been canceled by the investigator or prosecutor, the election, modification or cancellation of security measures, if necessary, the language of the proceedings, the publicity of the trial, measures to ensure a civil claim, and the participation of a person in a court hearing. the person in respect of whom the case was filed, on summoning victims, witnesses, an expert to a court session, as well as a decision on other issues relevant to the proper and lawful consideration of the case.
Criminal cases involving the use of compulsory medical measures are considered by the court of first instance in accordance with the jurisdiction established by articles 306 to 309 of the CPC. In cases where the defendant's commission of a socially dangerous act in a state of insanity or the presence of a mental disorder has been established during the main trial, it is allowed to consider the case on its merits at the same court session in the same proceeding with the issuance of a decision on the application or refusal to apply a compulsory medical measure to an insane person and making a decision on other persons.
If the consideration of the case of persons subject to criminal liability takes a long time, the court has the right, in compliance with the requirements of article 44 of the CPC, to separate the materials on the insane person from it in a separate proceeding.
When circumstances are established during the consideration of a case based on newly discovered circumstances, on appeal or cassation, which give grounds to believe that the person was in a deranged state at the time of the commission of the act or after the commission of the crime, but before the decision was made by the court of first instance, he fell ill with a mental disorder that makes it impossible to impose or execute a punishment, Judicial acts are subject to cancellation with the referral of the case for a new judicial review in accordance with the rules of Chapter 54 of the CPC.
The footnote. Paragraph 19 as amended by the normative resolution of the Supreme Court of the Republic of Kazakhstan dated 08/15/2002 No. 18; as amended by the normative resolutions of the Supreme Court of the Republic of Kazakhstan dated 12/22/2008 No. 10 (for the procedure of entry into force, see paragraph 2); dated 06/25/2010 No. 7 (for the procedure of entry into force, see paragraph 2); dated 12/24/2014 No. 4 (effective from date of official publication); dated 11.12.2020 No. 6 (effective from the date of the first official publication).
To draw the attention of the courts to the fact that they must carefully check the evidence establishing or refuting the commission by a person of a socially dangerous act provided for by criminal law, as well as other essential circumstances relevant to the proper resolution of the case. To this end, victims and witnesses must be summoned and questioned at the court session, written evidence read out and examined, and physical evidence examined. The decision on the insanity of a person, the application of a compulsory medical measure, and the determination of the type of compulsory measure falls within the competence of the court. Therefore, the opinion of psychiatric experts is subject to careful evaluation in conjunction with all the case materials. If the conclusion of the forensic psychiatric examination is not entirely convincing due to its brevity, lack of motivation or for other reasons, or it does not reflect all the issues to be clarified in cases of this category, the courts should order additional or repeated examinations. If necessary, the production of repeated examinations may be entrusted to an independent expert examination (a forensic psychiatric examination organized on the basis of the Forensic Examination Center of the Ministry of Justice of the Republic of Kazakhstan, etc.).
Courts should keep in mind that a judicial investigation should begin with a statement by the prosecutor of the arguments about the need to apply compulsory medical measures to a person declared insane. In this case, the prosecutor must provide evidence available in the case confirming the circumstances specified in Article 510 of the CPC, as well as evidence of the danger of the patient to himself or others, and, if proven, suggest that the court apply one of the compulsory medical measures provided for in Article 93 of the Criminal Code to the insane. The parties to the prosecution and the defense are obliged to participate in verifying the legality of the proceedings in the case, the evidence of the circumstances listed in Article 510 of the CPC, and in court debates conducted in accordance with the procedure provided for in Article 383 of the CPC, to propose to the court a decision that, in their opinion, will comply with the established judicial investigation.
The footnote. Paragraph 21, as amended by regulatory rulings of the Supreme Court of the Republic of Kazakhstan dated 12/24/2014 No. 4 (effective from the date of official publication); dated 12/22/2022 No. 10 (effective from the date of the first official publication).
To clarify that during the trial, in accordance with Article 520 of the CPC, it must be established: whether an act has taken place; its legal assessment; whether this act was committed by the person about whom the case is being considered; whether this person was in a state of insanity at the time of the commission of the act or became ill with a mental disorder after its commission; whether it is possible to appoint a person, who became ill after committing a crime, punishment and its execution; is the patient dangerous to himself or others and is there a possibility of causing them other significant harm; whether and what kind of compulsory medical measure should be applied to this person. Along with these, the court must also clarify the issues of whether a civil claim is to be satisfied, in whose favor and to what extent, as well as whether property damage is to be compensated if a civil claim is not filed; how to deal with property that has been seized to secure a civil claim; and material evidence.
The footnote. Paragraph 22 as amended by the regulatory resolution of the Supreme Court of the Republic of Kazakhstan dated December 24, 2014 No. 4 (effective from the date of its official publication).
Based on the results of the trial, the court must issue one of the following decisions: to terminate the case on the grounds specified in the first part of Article 35 of the CPC, if circumstances are established that exclude the proceedings in the case; to release the person from criminal liability and to apply one of the compulsory medical measures to him; to release the person from criminal punishment and on the application of a compulsory medical measure to him; on the termination of the case without the application of a compulsory medical measure; on sending the case to the prosecutor for the organization of the investigation in the general order. To draw the attention of the courts that they have the right to apply to a person only one of the compulsory medical measures specified in Article 93 of the Criminal Code and only if the circumstances provided for in the first and second parts of Article 91 of the Criminal Code are established. When choosing the type of compulsory medical measure, courts should proceed from the purposes of applying compulsory medical measures specified in Article 92 of the Criminal Code, take into account the public danger of the committed act, the degree and depth of the mental disorder, the presence and degree of danger of this person to others or to himself or the possibility of causing them other significant harm, as well as the neediness of the person in treatment. The primary basis for determining the type of compulsory medical measure is the degree of danger of a mentally ill person to himself and others and the possibility of him committing other more significant harm.
The footnote. Paragraph 23, as amended by regulatory rulings of the Supreme Court of the Republic of Kazakhstan dated 12/24/2014 No. 4 (effective from the date of official publication); dated 12/11/2020 No. 6 (effective from the date of the first official publication).
The court's ruling must comply with the requirements of article 521 of the CPC. It should contain a description of the act committed by the person about whom the case is being considered, which norm of the criminal law provides for this act, and evidence confirming the commission of the act by this person. The resolution must also provide evidence that the person suffers from a mental disorder, and it must indicate whether the person was in a state of insanity at the time of the commission of the act or whether the mental disorder occurred after the commission of the crime.
If the court comes to the conclusion that at the time of the commission of the crime the person was aware of his actions and directed them, and the mental disorder occurred after the commission of the crime, then arguments must be given in the decision as to whether the disease prevents the imposition of criminal punishment and its execution or not.
Having recognized that a person cannot be criminally liable or be criminally punished due to the presence of a mental disorder, the court is obliged to provide in the decision the reasons on the basis of which it came to the conclusion about the danger of the person to himself or others or about the possibility of causing them other significant harm.
The application of compulsory medical measures to persons suffering from alcoholism, drug addiction or substance abuse is indicated in the verdict or other final court decision taken against these persons on the charges. In the case of an acquittal, compulsory treatment for alcoholism, drug addiction or substance abuse is not applied.
The footnote. Paragraph 24 as amended by the regulatory resolution of the Supreme Court of the Republic of Kazakhstan dated December 24, 2014 No. 4 (effective from the date of its official publication).
In the operative part of the resolution, the courts must indicate the release of a person who committed an act prohibited by criminal law in a state of insanity from criminal liability with or without the use of one of the compulsory medical measures specified in the law and the termination of the case.
If the court finds that the person became ill with a mental disorder after committing a crime, the court must indicate in the operative part of the decision, on the basis of the first part of Article 75 of the Criminal Code, the release of the person from serving the sentence with or without the use of one of the compulsory medical measures specified in the law and the suspension of proceedings, bearing in mind kind of, that, in accordance with the third part of Article 75 of the Criminal Code, after recovery, such persons are subject to criminal liability and may be criminally punished within the limitation periods established by articles 71 and 77 of the Criminal Code. The term of the compulsory medical measure is not specified in the court decision. The decision should indicate that it can be appealed by the defender, the legal representative or a close relative of the person about whom the case was considered, the victim and his representative, and the prosecutor's petition may also be submitted according to the rules set out in chapter 48 of the CPC. To clarify that a close relative of the person about whom the case was being considered has the right to file an appeal, regardless of whether he was recognized as a legal representative in the case, and regardless of whether he participated in the case. The person against whom the case was considered has the right to appeal the court's decision if, according to the expert opinion, his mental state allows him to participate in the proceedings in the case. In other cases, this person, as well as the civil plaintiff, the civil defendant and their representatives do not have the right to file complaints.
The footnote. Paragraph 25, as amended by regulatory rulings of the Supreme Court of the Republic of Kazakhstan dated 08/15/2002 No. 18; dated 12/24/2014 No. 4 (effective from the date of official publication); dated 12/11/2020 No. 6 (effective from the date of the first official publication); dated 12/22/2022 No. 10 (effective from the date of the first official publication).
The execution of a court order that applies a compulsory medical measure on the grounds provided for in paragraphs 1), 2), 3) of the first part of Article 91 of the Criminal Code is entrusted to the health authorities in charge of psychiatric hospitals and to the internal affairs bodies.
The enforcement of compulsory medical measures against persons suffering from alcoholism, drug addiction, substance abuse or mental disorders, to whom compulsory treatment is prescribed along with criminal punishment, is determined by the Criminal Executive Code of the Republic of Kazakhstan.
The footnote. Paragraph 26, as amended by regulatory rulings of the Supreme Court of the Republic of Kazakhstan dated 12/24/2014 No. 4 (effective from the date of official publication); dated 12/11/2020 No. 6 (effective from the date of the first official publication).
The health authorities responsible for the application of compulsory medical measures and the provision of psychiatric care are required to examine the patient after 6 months from the date of application of the compulsory medical measure, and then regularly every 6 months, and on the basis of the applied methods of treatment and medical supervision, submit to the court, in accordance with Article 96 of the Criminal Code, a reasoned opinion on the amendment, prolongation or termination of the use of compulsory medical measures. The stay of a person in a psychiatric hospital without a regular extension by the court of the application of a compulsory medical measure is illegal.
The footnote. Paragraph 27 as amended by the regulatory resolution of the Supreme Court of the Republic of Kazakhstan dated December 24, 2014 No. 4 (effective from the date of its official publication).
Consideration of the submission (conclusion) of the commission of psychiatrists on the need to terminate, modify or extend the use of compulsory medical measures should be carried out solely by the judge of the court that issued the decision on the use of compulsory measures. If the medical organization providing compulsory treatment is outside the territorial jurisdiction of the said courts, the consideration of the submission is carried out by the relevant territorial court at the location of the medical organization. The facts of unjustified modification, extension or termination of compulsory medical measures should be eliminated in the activities of the courts. Courts should pay special attention to cases where a person declared insane has committed an act related to grave or especially grave crimes, for the duration of his stay in a medical organization and for those changes in his psyche that are indicated in the medical report. Termination of the application of compulsory medical measures to such persons or their modification should be based on reliable circumstances that indisputably indicate that after the treatment or due to a change in mental or physical condition, the person has ceased to be dangerous to himself and others.
Decisions made as a result of consideration of the submission on termination, modification, extension of the application of compulsory medical measures may be appealed or protested by the persons specified in Article 522 of the CPC.
The footnote. Paragraph 28 as amended by regulatory rulings of the Supreme Court of the Republic of Kazakhstan dated 08/15/2002 No. 18; dated 06/25/2010 No. 7 (for the procedure of entry into force, see paragraph 2); dated 12/24/2014 No. 4 (effective from the date of official publication).
Explain to the courts that, in accordance with the first part of Article 477 of the CPC, questions about the extension, modification or termination of compulsory medical measures to a person against whom these measures have been applied along with the decision of a guilty verdict and with the imposition of criminal punishment are resolved by a district or equivalent court at the place where the convicted person is serving his sentence on the recommendation of the institution in which the convicted person is serving his sentence, or at his personal request. The application of compulsory medical measures with the release of a person from punishment on the grounds provided for in Article 75 of the Criminal Code is carried out solely by a judge of a district or equivalent court, which issued a decision on the release of a convicted person from punishment. If compulsory treatment was imposed by a court verdict on the grounds provided for in paragraphs 3), 4) of the first part of Article 91 of the Criminal Code, consideration of the submission on the extension, modification or termination of compulsory medical measures is carried out by the district or equivalent court at the place of serving the sentence of the convicted person.
The footnote. Paragraph 29, as amended by regulatory rulings of the Supreme Court of the Republic of Kazakhstan dated 08/15/2002 No. 18; dated 06/25/2010 No. 7 (for the procedure of entry into force, see paragraph 2); dated 12/24/2014 No. 4 (effective from the date of official publication); dated 12/11/2020 No. 6 (effective from the date of the first official publication).
In connection with the adoption of this resolution, to invalidate in the Republic of Kazakhstan the resolution of the Plenum of the Supreme Court of the USSR dated April 26, 1984 No. 4 "On judicial practice on the application, modification and cancellation of compulsory medical measures" as amended by the resolution of the Plenum dated November 1, 1985 No. 17.
Chairman of the Supreme
Courts of the Republic of Kazakhstan
Secretary of the Plenum, Judge
The Supreme Court of the Republic of Kazakhstan
© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan
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