Article 85. Limitation Periods

In case of exemption of juveniles from criminal liability or endurance of punishment, limitation periods stipulated by Articles 69 and 75 of the present Code shall be reduced by half.

Article 86. Terms of Exculpation of a Conviction

For persons having committed a crime before reaching the age of eighteen, the terms for exculpation of a conviction stipulated by Article 77 of the present Code shall be reduced, and shall be equal respectively to the following:

a) four months after the endurance of more lenient types of punishment than deprivation of freedom;

b) one year after the endurance of deprivation of freedom for a crime of lesser or medium gravity;

c) three years after the endurance of deprivation of freedom for a grave or especially grave crime.

Article 87. Application of the Provisions of the This Section to Persons Aged from Eighteen to Twenty Years

In exceptional cases, subject to the character of a committed crime and the personality of a convict, a court may apply the provisions of the present section to persons having committed a crime at an age from eighteen to twenty years, except for their placement in a special educational or medical-educational institution for juveniles.

Section VII. Compulsory Measures of a Medical Character

Article 88. The Bases for Application of Compulsory Measures of a Medical Character

1. Compulsory measures of a medical character may be established by a court upon the following persons:

a) those who committed acts stipulated by articles of the Special Part of the present Code in a state of insanity;

b) those who, after the commission of a crime, acquired a mental disorder which made it impossible to sentence them or for them to endure punishment;

c) those who committed a crime and suffer from changeable mental disorders, but have not been found to be insane;

d) those who committed a crime and are recognised as needing treatment from alcoholism or drug addiction, or addiction to toxic chemicals.

2. For persons indicated in the first part of this Article, compulsory measures of a medical character shall be established only in cases in which mental disorders are associated with a possibility of causation by those persons of other considerable damage, or a danger for themselves or other persons.

3. The procedure for execution of compulsory measures of a medical character shall be defined by the Criminal Executory Code and legislation on health protection of the Republic of Kazakhstan.

4. With regard to persons indicated in the first part of this Article and who do not present a danger in their mental state, a court may transfer necessary materials to health protection bodies for resolving the issue of treatment of those persons, or their transfer to psycho-neurological institutions, through the procedure stipulated by legislation of the Republic of Kazakhstan on health protection.

Date: 2014-12-21; view: 919