Article 162. The procedure for submitting to early release from serving a sentence, replacing the unserved part of the sentence with a milder type of punishment of the Criminal Executive Code of the Republic of Kazakhstan

      1. When the convicted person has served a legally prescribed part of the sentence, the institution or body executing the punishment is obliged to notify the convicted person in writing within five days of the right to file a petition to the court to consider the issue of conditional early release from serving the sentence or to replace the unserved part of the punishment with a more lenient type of punishment.

     2. A petition for pardon shall be submitted by the institution or body executing the punishment in accordance with the procedure determined by the legislation of the Republic of Kazakhstan.

     3. The convicted person's application for conditional early release from serving his sentence, replacement of the unserved part of the sentence with a milder type of punishment and pardon by the institution or body executing the punishment shall be accompanied by data characterizing his personality, behavior, attitude to work and study during serving the sentence.

     4. The procedure for applying the amnesty is determined by the body that issued the amnesty act.

     5. The idea of release from serving a sentence due to a mental disorder is submitted to the court by the head of the institution or body executing the punishment. At the same time as the presentation, the conclusion of the medical commission and the personal file of the convicted person are sent.

     6. The idea of exemption from serving a sentence, replacement of the unserved part of the punishment with a milder type of punishment due to a serious illness is submitted to the court by the head of the institution or body executing the punishment. Simultaneously with the submission to the court, the conclusion of the medical commission and the personal file of the convicted person are sent. The submission should contain data characterizing the behavior of the convicted person during the time of serving the sentence.

     7. When a disability of the first or second group is established for a person sentenced to punishment in the form of community service, correctional labor, or restriction of freedom, the body executing the punishment submits a submission to the court for his early release from serving the sentence.

     8. If a woman who has been sentenced to community service, correctional labor, or restriction of liberty is found to be pregnant, the body executing the punishment submits a submission to the court to postpone serving her sentence from the date of granting maternity leave.

     9. The administration of the institution or the body executing punishments, within ten days after the convicted person applies for conditional early release from serving the sentence or replacement of the unserved part of the sentence with a more lenient type of punishment, must send it to the court with the attachment of the materials specified in part three of this article and the personal file of the convicted person, as well as notify the prosecutor in writing in compliance with the provisions provided for in paragraph ten of this article.

     Materials to the court and notification to the prosecutor may be sent in the form of an electronic document.

     10. When considering an application for conditional early release from punishment, the court has the right to release the convicted person on parole or replace the unserved part of the sentence with another, milder punishment, subject to the conditions provided for by the Criminal Code of the Republic of Kazakhstan, or refuse to do so.

     In case of refusal by the court, the re-filing of the petition on any of the specified grounds, with the exception of the case provided for in the third paragraph of this part, may take place no earlier than six months after the date of the decision on refusal. At the same time, the refusal of the court to replace the unserved part of the punishment with a more lenient punishment does not prevent the submission of a petition for parole before the expiration of the six-month period, as well as the refusal of the court to grant parole - to replace the unserved part of the punishment with a more lenient punishment.

     If the court refuses to grant conditional early release of a person sentenced to life imprisonment, the re-filing of the petition may take place no earlier than three years after the date of the decision on refusal.

Law of the Republic of Kazakhstan dated 5 July 2014 № 234-V. 

President    

Republic of Kazakhstan     

© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan  

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