Commentary on Article 94. Outpatient Compulsory Supervision and Treatment by a Psychiatrist of the Criminal Code of the Republic of Kazakhstan
Outpatient compulsory supervision and treatment by a psychiatrist may be imposed where the grounds provided for in Article 91 of this Code are present, provided that, due to the person's mental condition, there is no need to place that person in a psychiatric hospital.
The types of compulsory medical measures prescribed by healthcare authorities correspond, first and foremost, to the Code of the Republic of Kazakhstan dated July 7, 2020, “On Public Health and the Healthcare System.”
Outpatient compulsory supervision and treatment by a psychiatrist may be imposed where the grounds provided for in Article 91 of the Criminal Code are present, provided that, due to the person's mental condition, there is no need to place such person in a psychiatric hospital. The grounds for applying this type of compulsory medical measure are similar to the grounds for applying other types of such measures: the commission by a person of an act provided for by criminal legislation and the presence of a mental disorder, including one that does not exclude criminal responsibility, or the need for treatment for alcoholism, drug addiction or substance abuse.
Outpatient compulsory supervision and treatment by a psychiatrist is the least restrictive type of compulsory medical measure, since it imposes the fewest restrictions on the rights of the person to whom this measure is applied. As a rule, this measure does not result in the person's isolation from society.
Outpatient dispensary supervision may be established only on a compulsory basis. Outpatient compulsory supervision and treatment by a psychiatrist may be established in respect of a person suffering from a chronic and prolonged mental disorder characterized by severe, persistent and frequently recurring pathological manifestations.
Outpatient compulsory supervision and treatment by a psychiatrist of persons sentenced to imprisonment are carried out by the medical units of institutions of the penal enforcement system. As a rule, outpatient compulsory supervision and treatment by a psychiatrist in places of imprisonment are applied to persons recognized as requiring treatment for alcoholism, drug addiction or substance abuse, as well as to persons with a mental disorder that does not exclude criminal responsibility.
Outpatient compulsory supervision and treatment by a psychiatrist are generally applied to persons sentenced to punishments not involving deprivation of liberty. A positive aspect of this compulsory medical measure is that the person does not lose their family, employment or social ties. Maintaining these ties makes it possible to reduce the likelihood of recidivism in socially dangerous acts.
Outpatient compulsory supervision must necessarily be accompanied by treatment. The compulsory nature of these measures consists in the fact that a person in respect of whom the court has ordered these measures is required to attend appointments with a psychiatrist periodically, at the intervals prescribed by the physician, for the purpose of monitoring their mental condition and providing treatment until this measure is modified or the type of compulsory medical measure is changed.
Commentary on the Criminal Code of the Republic of Kazakhstan, 2021, by Isidor Shamilovich Borchashvili, Honored Figure of Kazakhstan, Doctor of Law, Professor, Academician of the Kazakhstan National Academy of Natural Sciences, member of the Scientific Advisory Councils under the Constitutional Council of the Republic of Kazakhstan and the Supreme Court of the Republic of Kazakhstan, member of the working group on reform of the law enforcement system under the Security Council of the Republic of Kazakhstan, Honored Employee of the Ministry of Internal Affairs of the Republic of Kazakhstan.
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