Article 163. Postponement of execution of punishment for pregnant women and women with young children, men raising young children alone of the Criminal Executive Code of the Republic of Kazakhstan

Home / RLA / Article 163. Postponement of execution of punishment for pregnant women and women with young children, men raising young children alone of the Criminal Executive Code of the Republic of Kazakhstan

1. Pregnant women and women with young children, men raising young children alone, and serving sentences in an institution may be granted a stay of execution by a court for up to five years, but not more than until the child reaches the age of fourteen.

2. Postponement of execution of punishment does not apply to persons sentenced for a term of more than five years for committing grave and especially grave crimes against the person.

3. The postponement of the execution of a sentence by a convicted person serving a sentence in the form of correctional labor, community service, or restriction of liberty shall be carried out in accordance with part eight of Article 52, part four of Article 57, and part three of Article 69 of this Code.

4. The administration of the institution shall send to the court a submission on the application of a suspended sentence to the convicted person or his petition. They are accompanied by: a description of the convicted person; an act of examination of the living conditions of the convicted person, his spouse or relatives, drawn up by the probation service, who agreed to accept the convicted person and the child, provide them with housing and create the necessary living conditions; a medical report on pregnancy or a certificate of the presence of a child, as well as a personal file of the convicted person.

5. The administration of the institution, having received a court order to postpone the execution of the sentence against the convicted person, releases him. The convicted person must sign a subscription to appear at the probation service at his place of residence within five working days from the date of arrival.

6. The convicted person follows to the place of residence independently at the expense of budgetary funds.

7. On the day of release, a copy of the court's decision on postponement of execution of the sentence, indicating the date of release, is sent to the probation service at the place of residence of the convicted person.

8. After the appearance of the convicted person, the probation service is obliged to register him within three working days, request materials characterizing him from the institution at the place of release and further monitor his behavior.

9. In case of non-arrival of the convicted person specified in the first part of this article, within two weeks from the date of release, the probation service conducts initial search measures and sends materials to the court for declaring him wanted in accordance with the procedure established by law.

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Republic of Kazakhstan

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