Article 93. Extension, Change, and Termination of the Application of Compulsory Measures of a Medical Character

1. Extension, change, or termination of the application of compulsory measures of a medical character shall be carried out by a court, pursuant to a proposal from the administration of a given institution carrying out compulsory treatment, on the basis of a report of a commission of psychiatrists.

2. A person upon whom a compulsory measure of a medical character is imposed shall be subject to certification by a commission of psychiatrists not less frequently than once every six months in order to decide on whether bases exist for the submission of a proposal to a court on the termination or change of such a measure. In the absence of bases for the termination of the application, or the changing of a compulsory measure of a medical character, the administration of a given institution carrying out compulsory treatment shall submit to a court a report on the extension of compulsory treatment. The first extension of compulsory treatment may be carried out upon the expiration of six months from the moment of the beginning of treatment, and a subsequent extension of compulsory treatment shall be carried out annually.

3. Changing or termination of a compulsory measure of a medical character shall be carried out by a court in case there is such a change in the mental state of a given person, that the need no longer exists to apply the earlier imposed measure, or the need arises for the application of another compulsory measure of a medical character.

4. In case of the termination of the application of compulsory treatment in an inpatient psychiatric hospital, a court may transfer the necessary materials with regard to a person who was undergoing compulsory treatment to the health protection bodies in order to decide the issue of his treatment or transfer to a psycho-neurological institution through the procedure stipulated by legislation on health protection.

Article 94. Sentencing Punishment after the Application of Compulsory Measures of a Medical Character

1. Upon a person who, after the commission of a crime or during the serving of punishment, fell ill with a mental disorder which deprived him of the capability to be aware of his acts or to guide them, a court may sentence punishment after his treatment if the limitation periods did not expire, or if there are no bases for his exemption from criminal liability and punishment.

2. In case of the recovery of a person who fell ill with a mental disorder after the commission of a crime, when sentencing punishment or resuming its running, the time during which compulsory treatment in an inpatient psychiatric hospital was applied to a given person shall be offset from the term of punishment on the basis of one day of staying in a inpatient psychiatric hospital for one day of deprivation of freedom.

Article 95. Compulsory Measures of a Medical Character Combined with the Endurance of Punishment

1. In cases stipulated by paragraphs c) and e) of the first part of Article 88 of the present Code, compulsory measures of a medical character shall take place in the place of imprisonment, and with regard to those convicted and sentenced to other types of punishment, in institutions of the health protection bodies which render outpatient psychiatric assistance.

2. In case of a change in the mental state of a convict which requires inpatient treatment, the placement of a given convict to an inpatient psychiatric hospital or another medical institution shall be carried out through the procedure and on the bases stipulated by legislation of the Republic of Kazakhstan on health protection.

3. The time spent in said institutions shall be offset from the term of punishment. In case the need for further treatment of a convict in said institutions ceases to exist, release from them shall be carried out through the procedure stipulated by legislation of the Republic of Kazakhstan on health protection.

4. Termination of the application of a compulsory measure of a medical character combined with the endurance of punishment shall be carried out by a court, pursuant to a proposal from the body executing punishment, on the basis of a report from a commission of psychiatrists.

THE SPECIAL PART

Chapter 1. Crimes Against a Person

Article 96. A Murder

1. A murder, that is, the illegal deliberate causation of the death of another person, shall be punished by deprivation of freedom for a period from six to fifteen years.

2. A murder :

a) of two or more persons;

b) of a person and his relatives, in relation to the execution by that person of his official activity or the performance of professional or public duty;

c) of a person who was in a helpless state, a given convict being aware of that fact, as well as a murder associated with a kidnapping or seizure of a hostage;

d) of a woman who was pregnant, a given convict being aware of that fact;

e) committed with especial brutality;

f) committed by a method dangerous to the lives of many people;

g) committed by group of persons, group of persons upon a preliminary collusion or an organised group;

h) committed for avaricious or venal motives, as well as for hire or combined with brigandage, extortion or banditism;

i) committed for motives of hooliganism;

j) committed for the purpose of concealing another crime, or to facilitate its commission, as well as a murder combined with rape or forcible actions of a sexual character;

k) for a motive of social, national, racial, or religious hatred, enmity, or vendetta;

l) committed for the purpose of the use of the organs or tissues of a victim;

m) committed by a person who earlier had committed a murder, except for acts stipulated by Articles 97-100 of the present Code, -

shall be punished by deprivation of freedom for a period from ten up to twenty years with the forfeiture of property or without it, or by capital punishment with the forfeiture of property or without it, or by life-time deprivation of freedom with the forfeiture of property or without it.

Date: 2014-12-21; view: 936