Article 165. Termination of serving a sentence and the procedure for release of the Criminal Executive Code of the Republic of Kazakhstan
1. Serving a sentence in the form of deprivation of the right to hold certain positions or engage in certain activities, community service, correctional labor, restriction of liberty, arrest, imprisonment shall be terminated on the last day of the term of punishment, taking into account those changes that may be made to the term of punishment in accordance with the law.
2. Those sentenced to arrest and imprisonment are released in the first half of the last day of their sentence. The last day of the term of serving the sentence is considered to be the day preceding the date of calculating the beginning of the sentence.
If the term of punishment ends on a day off or a holiday, the convicted person is released from serving the sentence on the day preceding the day off or holiday. When calculating the term of punishment in months, it expires on the corresponding day of the last month, and if this month does not have a corresponding date, then on the last day of this month.
3. Upon release, the convicted person is given items belonging to him, valuables, money stored in the cash control account for temporary placement of money, and personal documents, as well as a document confirming the serving of the sentence or release from punishment.
4. Documents certifying the identity of a person released from punishment in the form of arrest or released after serving a term of imprisonment without administrative supervision, his work record and pension certificate, as well as other personal documents stored in the convict's personal file, are given to him upon release. In the absence of identity documents, a work record and a pension certificate in the personal file of the convicted person, the administration of the institution takes measures to formalize them six months before release.
Documents certifying the identity of a person who is released on parole from a custodial sentence, when the custodial sentence is replaced by a more lenient type of punishment, postponement of serving the sentence and additional punishment of the person being released from the institution, as well as being released after serving the term for which administrative supervision is established, are sent to the internal affairs bodies at the chosen place of residence. and they are issued after registration with the internal affairs bodies and the probation service.
5. Early release from serving a sentence is made on the day of receipt of the relevant documents, and if the documents are received after the end of the working day, then in the morning of the next day.
6. The probation service, on the day of the end of the term of punishment in the form of correctional labor, and upon release from this punishment on other grounds, no later than the next business day after receiving the relevant documents, is obliged to notify in writing the administration of the enterprise, institution or organization where the convicted person is serving his sentence, of the termination of deductions from his salary. The convicted person is given a document confirming the completion of the sentence.
7. A person released from serving a sentence as a result of the cancellation of a sentence in connection with the termination of a criminal case on the basis of paragraphs 1), 2), 5), 6), 7) and 8) the first part of Article 35 of the Code of Criminal Procedure of the Republic of Kazakhstan, by passing an acquittal verdict, by the head of the institution or body executing the punishment, his rights to the restoration of property, labor, housing and other lost rights are explained. In the release document, the convicted person receives an official apology on behalf of the State.
8. One month before the release, the administration of the institution sends a copy of the court verdict to the probation service at the convicted person's chosen place of residence for further execution of the punishment in the form of deprivation of the right to hold a certain position or engage in a certain activity.
After receiving a copy of the court's verdict, the probation service sends a notification to the appropriate institution, as well as the court that issued the verdict, for further execution of the sentence in the form of deprivation of the right to hold a certain position or engage in a certain activity.
9. From the person being released from serving a sentence of imprisonment with an unserved term of an additional type of punishment in the form of deprivation of the right to hold a certain position or engage in a certain activity, the administration of the institution takes away a subscription for mandatory attendance within five days at the probation service at the chosen place of residence from the day of his arrival.
10. The convicted person follows to his chosen place of residence or work independently at the expense of budgetary funds in accordance with the rules approved by the authorized body in the field of penal enforcement activities.
President
Republic of Kazakhstan
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