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Home / RLA / Article 176. Responsibility of a person sentenced to probation of the Penal Enforcement Code of the Republic of Kazakhstan

Article 176. Responsibility of a person sentenced to probation of the Penal Enforcement Code of the Republic of Kazakhstan

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

Article 176. Responsibility of a person sentenced to probation of the Penal Enforcement Code of the Republic of Kazakhstan

     1. If a person who has been sentenced on probation has committed:

     1) an administrative offense that infringes on public order and morality, the rights of minors, on personality and in the sphere of family and household relations, for which an administrative penalty has been imposed on him;

     2) intentional damage (spoilage) of electronic tracking devices or failed to appear for registration without a valid reason or changed his place of residence without notifying the probation service;

     2-1) avoiding genomic registration;

     3) a criminal offense, the probation service submits to the court a proposal to extend the probation control period, but not for more than one year, and for a minor not more than six months, and also issues a written warning about the possibility of revoking the suspended sentence.

     2. In the event that a person sentenced to probation fails to fulfill the duties assigned to him by the court or re-commits the violations specified in part one of this article, as well as if he has escaped probation control, the probation service submits to the court a submission on the cancellation of the suspended sentence and the execution of the imposed sentence by a court verdict, and in respect of a minor convicted person – on the extension the duration of probation control, but not more than one year.

     3. A person who has been conditionally sentenced and whose location has not been established for registration with the probation service for more than fifteen days from the date of his failure to appear is considered to be hiding from probation control.

     4. In case of damage (spoilage) of electronic tracking devices by a person sentenced on probation, an act is drawn up by the probation service.  

     In case of intentional damage (spoilage) of electronic tracking devices, persons sentenced on probation bear financial responsibility in accordance with the procedure established by law.

 

 

 

  

  

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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