Article 15. Sentencing probation The Probation Act

Home / RLA / Article 15. Sentencing probation The Probation Act

1. Sentencing probation applies to:

1) a person sentenced to restriction of liberty;

2) a probationer.

2. Sentencing probation in respect of persons specified in paragraph 1 of this Article is carried out in the form of probation control according to the rules of Article 44 of the Criminal Code of the Republic of Kazakhstan, the duration of which is determined by a verdict or court order.

3. The person in respect of whom probation control is established is obliged to:

1) to appear at the probation service for registration within ten days from the date of entry into force of the verdict or court order;

2) comply with the conditions and procedure for serving sentences and other criminal law measures;

3) appear at the probation service on the prescribed days for registration and conducting a preventive conversation with him;

4) inform the probation service in writing about a change of place of residence, work or study;

5) perform other duties assigned to him by the law and the court.

4. In case of non-compliance by a person with the conditions of probation control, the probation service:

1) apply a penalty in the form of a written warning to a person sentenced to restriction of liberty, and in case of malicious evasion from serving a sentence, submit materials to the court to resolve the issue of replacing the unserved part of the restriction of liberty with a custodial sentence.;

2) in respect of a conditionally convicted person, submits a submission on the extension of probation control or the cancellation of a suspended sentence and the execution of a sentence imposed by a court verdict.

5. If, after at least half of the prescribed period of probation control, the convicted person has conditionally proved his correction by his behavior, the probation service sends a submission to the court to cancel the suspended sentence and remove the criminal record from the convicted person.

6. Excluded by the Law of the Republic of Kazakhstan dated 12/30/2021 No. 95-VII (effective sixty calendar days after the date of its first official publication).

The Law of the Republic of Kazakhstan dated December 30, 2016 No. 38-VI SAM.

This Law regulates public relations in the field of the organization and functioning of probation and establishes the concept, purpose, objectives, principles, types and forms of probation, as well as the legal status of persons in respect of whom probation is applied and the subjects who carry it out.

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