Exemption from Criminal Liability Due to Insanity
Article 16 of the Criminal Code of the Republic of Kazakhstan (hereinafter referred to as the CC RK) regulates issues related to insanity and the exemption from criminal liability of individuals who, at the time of committing a crime, were in a state of mental disorder that deprived them of the ability to understand the nature of their actions or control them.
This article is a crucial element of criminal legislation, as it aims to protect individuals with mental disorders while ensuring public safety through the application of compulsory medical measures.
1. Criteria for Insanity
Part 1 of Article 16 of the CC RK defines insanity as a condition in which an individual:
Does not understand the factual nature of their actions (or inaction).
Does not recognize the social danger of their actions.
Cannot control their actions.
The causes of such a condition may include:
Chronic mental illnesses (schizophrenia, manic-depressive psychosis, epilepsy with psychotic episodes, etc.).
Temporary mental disorders (acute psychosis, reactive states, severe depression with psychotic symptoms, etc.).
Intellectual disability (congenital or acquired mental retardation, dementia).
Other pathological mental conditions (organic brain damage, intoxication, consequences of traumatic brain injuries, etc.).
⚖ Important! The degree of insanity is determined by a forensic psychiatric examination conducted in accordance with Article 260 of the Criminal Procedure Code of the Republic of Kazakhstan (hereinafter referred to as the CPC RK).
Example: In one case, the court declared the defendant insane after a forensic psychiatric examination diagnosed him with paranoid delusions, which deprived him of the ability to understand the nature of his actions.
2. Distinction Between Insanity and Diminished Responsibility
Insanity (Article 16 of the CC RK): The individual does not understand their actions and is not subject to criminal liability.
Diminished responsibility (Article 17 of the CC RK): The individual partially understands their actions and may be held criminally liable, but their mental state is considered in sentencing.
Example: In a case, the defendant suffered from mild intellectual disability, but experts concluded that he understood his actions. The court found him to have diminished responsibility, and the sentence was imposed considering his condition.
3. Compulsory Medical Measures
If the court declares an individual insane, compulsory medical measures provided under Chapter 14 of the CC RK may be applied:
Outpatient psychiatric supervision (if the individual does not pose a threat to society).
Hospitalization in a general psychiatric institution (if the individual poses a danger but does not require strict conditions of detention).
Hospitalization in a specialized psychiatric institution (if the individual presents an increased danger).
Hospitalization in a specialized institution with intensive supervision (for particularly dangerous acts, such as homicide).
📌 Grounds for Applying Compulsory Measures:
Article 94 of the CC RK – Types of compulsory medical measures.
Article 95 of the CC RK – Grounds for their application.
Article 96 of the CC RK – Procedure for modifying and terminating compulsory measures.
Example: An individual who committed a murder while experiencing acute psychosis was declared insane. The court ordered compulsory treatment in a specialized psychiatric hospital.
4. Judicial Practice and Supreme Court Explanations
📌 Normative Resolution of the Supreme Court of the RK No. 7 dated December 21, 2001:
The court must appoint a forensic psychiatric examination if there are doubts about the defendant's mental state.
The court’s decision must be based not only on the expert report but also on all evidence in the case.
📌 Normative Resolution of the Supreme Court of the RK No. 3 dated June 25, 2010:
The court cannot declare an individual insane solely based on their statements – a medical conclusion is required.
If an individual is exempted from criminal liability due to insanity, the court must decide on the need for compulsory treatment.
📌 Case Law Example: A citizen, K., committed arson, believing he was "saving the world from demons." An expert examination found that he suffered from schizophrenia and was in a psychotic state. The court declared him insane and ordered compulsory treatment.
5. Related Articles of Other Codes and Laws
Civil Code of the RK (Article 22): If an individual is declared legally incapacitated due to a mental disorder, a guardian is appointed.
Code of the RK on Public Health and Healthcare System (Article 197): Compulsory psychiatric treatment is possible only by court decision.
CPC RK (Article 484): The court must review the necessity of compulsory measures every six months.
6. Conclusion
Article 16 of the CC RK serves as an important mechanism for protecting individuals with mental disorders while ensuring public safety.
An individual who commits a crime in a state of insanity is not criminally liable but may be subjected to compulsory treatment.
The individual’s mental state is determined by a forensic psychiatric examination.
The court must consider the application of compulsory medical measures.
Compulsory treatment is subject to regular judicial review.
Thus, insanity is not an exemption from responsibility but a shift of the issue into the medical domain.
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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