'Insanity - national proceedings' in document 'Kazakhstan - Criminal Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

Section II. A Crime

Article 16. Insanity

1. A person shall not be subject to criminal liability who, during the commission of a publicly dangerous act stipulated by the present Code, was in a state of insanity, that is could not be aware of the actual character and public danger of his acts (failure to act), or guide them, as a consequence of a chronic mental disease, temporary psychic disorder, feeblemindedness, or other morbid state of mind.

2. With regard to a person who was recognised as insane, a court may apply compulsory measures of a medical character stipulated by the present Code.

Article 17. Criminal Liability of Persons with a Mental Disorder Which Does Not Exclude Sanity

1. A sane person who, during the commission of a crime, due to a mental disorder, could not fully be aware of the actual character and public danger of his acts (omission of acts) or guide them, shall be subject to criminal liability.

2. A mental disorder which does not exclude sanity shall be taken into consideration by a court when appointing punishment, and may serve as a basis for the appointment of compulsory measures of a medical character stipulated by the present Code.