Arrest – Isolation of the Convicted Person from Society

🔹 Legal Nature of Arrest

Arrest is a short-term deprivation of liberty, involving the convicted person being held in strict isolation from society for the entire term of the sentence. This type of punishment is categorized separately, reflecting the legislator’s special approach to its application. While arrest retains the main features of imprisonment, it has specific characteristics aimed at minimizing the social and negative consequences associated with sending offenders to correctional facilities. (Law and Justice)

🔹 Duration of Arrest

According to Part 2 of Article 46 of the Criminal Code of the Republic of Kazakhstan, arrest is imposed for a period ranging from one to six months. However, in cases where other types of punishment—such as community service, corrective labor, or fines—are replaced, arrest may be imposed for a period of less than one month. (Law and Justice)

🔹 Restrictions on the Application of Arrest

Arrest is not applied to the following categories of individuals:

·        Persons under the age of 18 at the time of sentencing;

·        Pregnant women;

·        Women with minor children. (Law and Justice)

These restrictions aim to protect vulnerable groups and align with the principles of humanism in criminal law.

🔹 Execution of Arrest Sentence

The procedure and conditions for serving arrest are regulated by Chapter 10 of the Criminal Executive Code of the Republic of Kazakhstan (CEC RK). According to Article 63 of the CEC, individuals sentenced to arrest serve their sentence at the place of conviction in detention houses. Transfer to another detention house is permitted in cases of illness, for safety reasons, or under other circumstances preventing further stay in the facility. (Law and Justice)

According to Part 1 of Article 64 of the CEC RK, those sentenced to arrest are held under conditions of strict isolation: (Law and Justice)

·        Isolated from other categories of detainees;

·        Men, women, minors, and those previously convicted are held separately. (Law and Justice)

Special conditions for serving arrest include:

·        No visits, except for meetings with lawyers;

·        No parcels or packages allowed, except for essential items and seasonal clothing;

·        No general or vocational education provided;

·        No movement without escort. (Law and Justice)

In all other respects, those sentenced to arrest are subject to the same detention conditions as persons serving imprisonment under the general regime in prison.

🔹 Special Provisions for Military Personnel

Military personnel sentenced to arrest serve their sentence in guardhouses. This ensures the specific features of military service and discipline are maintained in the execution of the punishment. (Law and Justice)

🔹 Conclusion

Arrest, as a form of criminal punishment in the Republic of Kazakhstan, is an effective measure of state coercion aimed at restoring social justice, correcting the convicted person, and preventing new criminal offenses. Its application must be proportionate to the gravity of the committed offense and take into account the individual characteristics of the convict.

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