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Home / RLA / Article 174. Procedure for probation control over persons sentenced to probation and provision of social and legal assistance to them of the Criminal Executive Code of the Republic of Kazakhstan

Article 174. Procedure for probation control over persons sentenced to probation and provision of social and legal assistance to them of the Criminal Executive Code of the Republic of Kazakhstan

АMANAT партиясы және Заң және Құқық адвокаттық кеңсесінің серіктестігі аясында елге тегін заң көмегі көрсетілді

Article 174. Procedure for probation control over persons sentenced to probation and provision of social and legal assistance to them of the Criminal Executive Code of the Republic of Kazakhstan

     1. Probation service when registering a person who has been sentenced on probation and is under probation control:

     1) conducts a study of the convicted person's personality with the establishment of his state of health, level of education, employment, and place of residence;

     2) explains the procedure for obtaining social and legal assistance, the implementation and termination of probation control in relation to him, and also sets the days of appearance at the probation service for registration;

     3) explains the procedure for the performance of duties assigned by the court, bringing to responsibility for their non-fulfillment, as well as violation of the probation control procedure.

     2. 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).  

     3. A person sentenced to probation 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 sentenced to probation in accordance with the legislation of the Republic of Kazakhstan.

     4. Persons sentenced on probation are required to report to the probation service on their behavior, perform duties assigned by the court, and appear twice (living in rural areas once) per month for registration, as well as upon call to the probation service. If a person sentenced to probation fails to appear without valid reasons, he or she is brought in.

     5. To ensure proper probation control and to obtain information about the location of convicted persons, the probation service has the right to use electronic tracking devices, the list of which is determined by the Government of the Republic of Kazakhstan.

     6. In case of evasion of probation control by a person sentenced on probation, the probation service conducts initial measures to establish his location and the reasons for the evasion. If his location is not established, the probation service submits a submission to the court on the wanted list and the choice of a preventive measure.

 

 

 

  

  

President    

Republic of Kazakhstan     

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When considering petitions for parole (conditional early release, hereinafter — parole) or for the substitution of punishment with a more lenient type of penalty (hereinafter — substitution of punishment), courts must take into account the individual characteristics of the convicted person and the specific circumstances of the case materials.

When considering petitions for parole (conditional early release, hereinafter — parole) or for the substitution of punishment with a more lenient type of penalty (hereinafter...

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