Article 169. Probation control over the behavior of a person released on parole of the Criminal Executive Code of the Republic of Kazakhstan

    1. Control over the behavior of a person released on parole from serving a sentence is carried out by police officers of the internal affairs bodies at his place of residence in accordance with the procedure determined by the authorized body in the field of penal enforcement activities.

     To ensure proper control and obtain information about the location of a person released on parole, police officers of the internal affairs bodies have the right to use electronic tracking devices, the list of which is approved by the Government of the Republic of Kazakhstan.

     The use of electronic tracking devices is mandatory for persons released on parole from serving a sentence of life imprisonment.

     The procedure for the use of electronic surveillance tools is determined by the authorized body in the field of penal enforcement activities.

     2. The internal affairs bodies keep personal records of persons released on parole during the remaining unserved part of the sentence, and monitor the performance of their duties.

     3. If, during the remaining unserved part of the sentence, the person to whom conditional early release was applied has repeatedly committed an administrative offense for which an administrative penalty was imposed on him, or maliciously evaded the duties assigned to him during the application of conditional early release, has committed a criminal offense, including a repeat offense, in if the pre-trial proceedings are terminated on the basis of part one of article 65, parts one and three of article 68, In accordance with the provisions of the second and fourth parts of Article 78 of the Criminal Code of the Republic of Kazakhstan, the internal affairs body submits to the court a submission on the cancellation of conditional early release and the execution of the remaining unserved part of the sentence.

     4. Internal affairs bodies after registration of a person on parole:

     1) ensure that he appears before local executive bodies to provide him with social and legal assistance;

     2) send a copy of the court's decision to the local executive authorities.

     5. 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).      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).

     7. A person released on parole has the right to apply to local executive bodies, public associations and other organizations for social and legal assistance.

     Local executive bodies, public associations and other organizations provide social and legal assistance to a person on parole in accordance with the legislation of the Republic of Kazakhstan.

     8. A person on parole must:

     1) register with the internal affairs bodies at the place of residence within five working days from the date of release from the institution;

     2) at least once a month to report to the internal affairs body, which is registered, for a report on his behavior;

     3) not to leave the place of residence at a time determined by the internal affairs bodies;

     4) not to change permanent place of residence, work or study without written notification to the internal affairs bodies;

     5) not to visit places designated by the internal affairs bodies in their free time from work and study;

     6) not to travel to other localities without the written permission of the internal affairs bodies;

     6-1) not to leave the territory of the Republic of Kazakhstan until the main sentence is fully served and the probation period expires;

     6-2) not to consume alcoholic beverages, as well as narcotic drugs and psychotropic substances, their analogues for non-medical purposes;

     7) take measures to compensate for damage caused to the victim's health, property, or material damage to the state;

     8) at the request of the internal affairs bodies, submit explanations and other documents necessary to monitor the behavior of a person on parole.

     9) excluded by the Law of the Republic of Kazakhstan dated 18.11.2015 No. 412-V (effective from 01.01.2021).

     9. If a person on parole evades probation control, the internal affairs bodies carry out initial measures to establish his location and the reasons for the evasion.

     If the location of a person on parole is not established, the internal affairs bodies submit to the court a submission on declaring him wanted and choosing a preventive measure.

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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