Article 17. Competence of bodies and institutions of the penitentiary system Criminal executive code of the Republic of Kazakhstan

Home / RLA / Article 17. Competence of bodies and institutions of the penitentiary system Criminal executive code of the Republic of Kazakhstan

1. authorized body of the Penal correction system:

1) carry out registration of persons sentenced to imprisonment and their distribution to institutions in accordance with the verdict or decision of the court;

2) Send convicted persons to institutions to serve their sentences;

3) assign institutions to medical and preventive institutions;

4) perform other functions stipulated by this code, other laws, acts of the president of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan.

2. territorial body of the Penal correction system:

1) registration of persons convicted of deprivation of liberty and their distribution to institutions assigned to the territorial body by the authorized body of the Penal correction system in accordance with the verdict or decision of the court;

2) Send convicted persons to institutions assigned to the territorial body by the authorized body of the Penal correction system;

3) Consider and submit to the court the materials of convicted persons recommended for release from serving a sentence due to illness;

4) monitors sanitary and epidemiological measures in subordinate institutions;

Warning. Subparagraph 4) as amended by the law of the Republic of Kazakhstan dated 30.12.2021 No. 95 – VII (as follows: in respect of persons held in pre-trial detention centers of the Penal correction (penitentiary) system-from July 1, 2022; in respect of persons held in institutions of the Penal correction (penitentiary) system – from January 1, 2023).

5) create commissions and approve the regulations for their work;

6) perform other functions stipulated by this code, other laws, acts of the president of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan.

3.when carrying out activities for the execution of punishments, the institution creates commissions and approves the regulations of their work, as well as performs works and services that are not related to their main activities.

The list of works and services provided that are not related to the main activities of institutions includes:

1) additional purchase of food products, primarily necessary items, writing accessories, literature, periodicals;

Warning. Subparagraph 1) as amended by the law of the Republic of Kazakhstan dated 30.12.2021 No. 95 – VII (as follows: in respect of persons held in pre-trial detention centers of the Penal correction (penitentiary) system-from July 1, 2022; in respect of persons held in institutions of the Penal correction (penitentiary) system – from January 1, 2023).

2) long-term meetings;

3) additional services defined by this code and internal regulations of institutions include works and services provided to ensure their rights and legitimate interests.

Warning. Subparagraph 3) as amended by the law of the Republic of Kazakhstan dated 30.12.2021 No. 95 – VII (as follows: in respect of persons held in pre-trial detention centers of the penitentiary (penitentiary) system-from July 1, 2022; in respect of persons held in institutions of the penitentiary (penitentiary) system – from January 1, 2023).

The institution keeps records of those sentenced to imprisonment who have arrived to serve their sentences.

4.excluded by the law of the Republic of Kazakhstan dated 30.12.2021 No. 95 – VII (as follows: in respect of persons held in pre-trial detention centers of the Penal correction (penitentiary) system-from July 1, 2022; in respect of persons held in institutions of the Penal correction (penitentiary) system – from January 1, 2023).

5. Commissions of institutions:

1) excluded by the law of the Republic of Kazakhstan dated 30.12.2021 No. 95 – VII (as follows: in respect of persons held in pre-trial detention centers of the Penal correction (penitentiary) system-from July 1, 2022; in respect of persons held in institutions of the Penal correction (penitentiary) system – from January 1, 2023).

2) consider the issue of sending materials to the court to establish administrative supervision in relation to convicted persons;

3) Consider the issue of placing convicts on the preventive record of a psychologist and removing them from it;

4) Consider the issue of transferring convicted persons to various conditions of serving sentences.

6.commissions of the territorial body and institution perform other functions established by the legislation of the Republic of Kazakhstan.

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

President

Republic of Kazakhstan

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