Article 42. Correctional work of the Criminal Code of the Republic of Kazakhstan, the Criminal Code of the Republic of Kazakhstan

1 Correctional labor is a monetary penalty imposed within the limits provided for by this Code, in an amount corresponding to a certain number of monthly calculation indices established by the legislation of the Republic of Kazakhstan and in force at the time of the commission of a criminal offense.

2 Correctional labor is performed by monthly deduction and transfer to the Compensation Fund for Victims from ten to fifty percent of the convicted person's salary (salary), minus the funds subject to periodic payment (recovery) for alimony, compensation for damage caused by injury or other damage to health, as well as the death of the breadwinner.

3 For criminal offenses, correctional labor is established in the range from twenty to two hundred monthly calculation indices, for crimes – in the range from two hundred to ten thousand monthly calculation indices.

4. When imposing correctional labor, the court determines its amount, taking into account the severity of the criminal offense, the property and marital status of the convicted person.

5 In case of disability, the convicted person may be released from execution of the remaining part of the sentence or the unfulfilled part is replaced by a fine. In case of other circumstances that prevent the performance of correctional labor, they are replaced.:

     1) convicted of a criminal offense – by engaging in community service or arrest at the rate of one hour of community service for one undisclosed monthly calculation index, one day of arrest for four undisclosed monthly calculation indices;

     2) convicted of a crime of minor or moderate severity – by restriction of liberty or imprisonment at the rate of one day of restriction of liberty or imprisonment for four undisclosed monthly calculation indices;

     3) convicted of a serious crime – by imprisonment at the rate of one day of imprisonment for four undisclosed monthly calculation indices.

6. If a more lenient punishment is imposed than is provided for this criminal offense, if a punishment is imposed for an unfinished crime, as well as if the punishment is commuted, the amount of correctional labor may be lower than the lower limit established by this article.

7 Correctional labor is not assigned to persons who are recognized as unable to work or who do not have a permanent job or who study in educational institutions on an on-the-job basis.

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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