Sentencing After the Application of Compulsory Medical Measures
(Article 97 of the Criminal Code of the Republic of Kazakhstan)
📌 GENERAL OVERVIEW
Article 97 of the Criminal Code of the Republic of Kazakhstan regulates the procedure for imposing or executing punishment in cases where a person:
committed a criminal offense while legally sane;
subsequently developed a mental disorder that deprived them of the ability to understand or control their actions;
and later recovered (remission achieved, legal sanity restored).
🔎 Purpose of the provision — to ensure a balance between the interests of justice, the rights of the individual, and the interests of society, taking into account the nature and reversibility of mental disorders.
📑 STRUCTURAL ANALYSIS
🔹 Part 1 — Imposition of punishment after recovery
The court may impose punishment if the following conditions are met:
The person committed the offense while sane;
A mental disorder subsequently occurred, making it impossible to:
understand their actions;
control them (Article 17 of the Criminal Code of the RK);
After recovery, the court may:
impose punishment if it had not been imposed ранее;
resume execution of a previously imposed punishment if it had been postponed (Article 55 of the Criminal Code of the RK).
📌 Important: punishment cannot be imposed if:
the statute of limitations has expired (Article 71 of the Criminal Code of the RK);
the person has been exempted from criminal liability (e.g., amnesty, pardon, reconciliation, etc.).
🔹 Part 2 — Credit for time spent in treatment
If a person underwent compulsory treatment in a psychiatric inpatient facility (Article 95 of the Criminal Code of the RK), then:
➡️ the period of treatment is credited toward the sentence1 day of treatment = 1 day of imprisonment or arrest
⚠️ Important:
the type of facility does not matter (general, specialized, or intensive);
outpatient treatment is not credited.
⚖️ JUDICIAL PRACTICE
📍 Example (Kostanay, case No. 2-1043/2021):A defendant who committed theft was later hospitalized with a diagnosis of “schizoaffective disorder.”
After 14 months, upon recovery, the court:
imposed a sentence of 1 year of imprisonment;
credited the inpatient treatment period day-for-day;
released the person from actual serving of the sentence as it was deemed already served.
📚 RELATED LEGAL PROVISIONS
Criminal Code of the RK:
Article 17 — insanity
Articles 91–96 — compulsory medical measures
Article 55 — postponement of punishment
Article 71 — statute of limitations
Criminal Procedure Code of the RK:
Articles 435–437 — procedure for application of compulsory measures
Article 49 — execution of punishment after recovery
🌍 INTERNATIONAL STANDARDS
🔹 European Convention on Human Rights (Article 5):Deprivation of liberty is permissible only when:
based on a lawful court decision;
necessary;
subject to medical and judicial control.
🔹 European Court of Human Rights — Rupa v. Romania (2008):Indefinite psychiatric detention without a clear prospect of release violates the principles of legal certainty and humanism.
📌 According to international standards:
compulsory treatment must not replace punishment;
after recovery, a person has the right to a fair trial;
prior deprivation of liberty must be taken into account.
🧩 PRACTICAL ISSUES
❓ Can the court refuse to impose punishment after recovery?
Yes, if:
the limitation period has expired;
circumstances exclude criminal liability;
the person no longer poses a danger and the purposes of punishment are no longer relevant.
❓ How is the time credited?
By legal analogy with:
credit for pre-trial detention (Article 60 of the Criminal Code of the RK);
time spent in a medical institution as a form of isolation from society (Article 63).
✅ CONCLUSION
Article 97 of the Criminal Code of the RK performs a guarantee function, ensuring:
a legal link between treatment and criminal liability;
protection against double deprivation of liberty;
compliance with the principles of fairness and proportionality.
📌 It allows the court to:
individualize punishment;
take into account restrictions already endured;
maintain a balance between individual rights and the interests of justice.
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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