Criminal Procedure Code of the Kyrgyz Republic - Legislationline

4) if this person has got a mental illness which makes it impossible to prescribe and fulfill
penalty after committing the crime;
5) if mental illness of this person is dangerous for him or other persons, or if there is
possibility that it will bring other serious harm;
6) if a compulsory medical measure shall be applied, and what particular measure;
(2) The court shall also consider issues specified in items 9, 10, 11 of Article 312 of this
Code.
Article 413. Decision of the Court about Application Compulsory Medical Measures
(1) Having recognized that the person has committed socially dangerous action in condition of
irresponsibility or that this person has got mentally disturbed after committing a crime, court
shall make a decision to removal of action and in case of need to apply compulsory medical
measure to him.
(2) Having established that the action has been committed by the person in condition of
responsible but after person has got mental disorders court shall make a decision to stay case
till convalescence of the person and to apply compulsory medical measure to him. In
condition of person convalescence Court cancels staying of case by its decision stops
compulsory measures and sends case for further proceeding investigation.
(3) In case when the court decides that participation of this person in commitment of this action
is not proved, as well as in course of determination of circumstances stipulated by Article 28,
29 of this Code the court shall make a decision to removal of action by the reason established
by it regardless of presence and nature of the illness of the person.
(4) In case of removal action on the base reasons of specified in the second and third parts of this
Article a copy of the decision of the court, within three days, shall be sent to medical
institutions for solving an issue on treatment or sending to the psychiatric institution for
social security of persons needing psychiatric treatment.
(5) Having decided that the mental illness of the person on whom the case is considered is not
identified or that illness of the person having committed a crime does not eliminate
application of measures to him the court shall return the case to the prosecutor by it decision.
(6) Issues mentioned in Articles 323 of this Code shall be considered in the decision of the court.
Article 414. Appellation of the Court’s Decision
Decision of the court may be appealed in the appellation order according to rules stipulated in
Articles 332 of this Code.
Article 415. Recall, Change and Extension of the Application
of Compulsory Medical Measures
(1) The court recalls, changes or extends the application of compulsory medical measures for
additional six months upon the submission of the administration board of the facility which
renders the psychiatric aid and according the decision of the commission of psychiatrists.
(2) Issues on recall, change or extension of the application of the compulsory medical measures
shall be considered in the court which has made the decision on application of compulsory
medical measures or the court by place of the application of this measure.