Article 142. Institutions of minimum security of the Penal Enforcement Code of the Republic of Kazakhstan

Home / Codes / Article 142. Institutions of minimum security of the Penal Enforcement Code of the Republic of Kazakhstan

1. Institutions of minimum security are divided into institutions for the maintenance of:

1) convicted persons specified in paragraph 1) of part five of Article 46 of the Criminal Code of the Republic of Kazakhstan, with the exception of persons who previously served imprisonment for committing intentional crimes;

2) convicted persons transferred in accordance with the procedure provided for in subparagraph 2) of the first part of Article 96 of this Code; convicted persons specified in paragraph 1) of the fifth part of Article 46 of the Criminal Code of the Republic of Kazakhstan, who previously served imprisonment for committing intentional crimes.

2. In institutions of minimal security, those sentenced to imprisonment serve their sentences in strict, ordinary and light conditions.

3. Under normal conditions, convicts who have recently arrived at this institution, as well as convicts who have been transferred from strict and facilitated conditions, serve their sentences in minimum security institutions.

4. With a conscientious attitude to work, convicts with the first positive degree of behavior are transferred to facilitated conditions. In this case, the transfer is carried out only after serving at least three months of the sentence under normal conditions from the date of receipt of the first positive degree of behavior, and for those convicted of crimes provided for in chapters 7, 8, 9, 12, 13 and 15 of the Criminal Code of the Republic of Kazakhstan – one year.

5. Convicted persons serving sentences in ordinary or light conditions who are recognized as malicious violators of the established order of serving their sentences are transferred to strict conditions.

Convicted persons serving sentences in light conditions who have more than two valid penalties for violating the established procedure for serving sentences are transferred to normal conditions.

6. Transfer from strict conditions of serving a sentence to ordinary ones is carried out after six months in the absence of penalties for violations of the established procedure for serving a sentence.

7. Re-transfer from strict conditions of serving a sentence to ordinary or from ordinary to light conditions shall be carried out in accordance with the procedure established by this article.

8. Convicts transferred from another minimum security institution serve their sentences in the same conditions that were determined for them before the transfer.

9. Convicted men and women may be held in the same minimum security facility.

10. Excluded by the Law of the Republic of Kazakhstan dated 12.07.2018 No. 180-VI (effective ten calendar days after the date of its first official publication).

President

Republic of Kazakhstan

Constitution Law Code Standard Decree Order Decision Resolution Lawyer Almaty Lawyer Legal service Legal advice Civil Criminal Administrative cases Disputes Defense Arbitration Law Company Kazakhstan Law Firm Court Cases