of July 9, 1999 No. 8
About court practice on application of enforcement powers of medical nature
Having discussed practice of courts on consideration of criminal cases about application of enforcement powers of medical nature to deranged, and also to persons needing treatment for alcoholism, drug addiction or toxicomania, and ideas of the termination, change and prolongation of application of enforcement powers of medical nature for the purpose of remedial action and ensuring uniform application of the legislation by hearing of cases of this category the plenary session of the Supreme Court of the Republic of Kazakhstan DECIDES:
1. Draw the attention of courts that the correct application of enforcement powers of medical nature promotes treatment or improvement of health of the persons who made socially dangerous acts in condition of diminished responsibility or got sick with mental disturbances after crime execution or made criminal offense and needing mental health services or in forced treatment for alcoholism, drug addiction, toxicomania and also promotes the prevention of making by these persons of new acts, responsibility for which is established by the penal statute.
2. Explain that questions of application of enforcement powers of medical nature, prolongation of application, change or the termination of their application are regulated by Articles with 91 on 98 Criminal Codes of Kazakhstan (further - UK) and Articles of Chapter 54 of the Code of penal procedure of the Republic of Kazakhstan (further - the Code of Criminal Procedure) providing features of legal proceedings for this category. The bases and procedure for delivery of health care in connection with application of enforcement powers of medical nature are regulated by the Code of the Republic of Kazakhstan about health of the people and health care system.
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