Article 476. The Criminal Procedure Code of the Republic of Kazakhstan of the
The competence of the court depends on the execution of the sentence:
1) the following:
fine-with involvement in public works – arrest, restriction of liberty or imprisonment (Article 41 of the Criminal Code of the Republic of Kazakhstan);
correctional labor-with involvement in public works – arrest, restriction of liberty or imprisonment (Article 42 of the Criminal Code of the Republic of Kazakhstan);
community service - with arrest – restriction of liberty or imprisonment (article 43 of the Criminal Code of the Republic of Kazakhstan);
on replacement of restriction of Liberty with deprivation of Liberty (Article 44 of the Criminal Code of the Republic of Kazakhstan);
2) on postponement of payment of a fine (Article 41 of the Criminal Code of the Republic of Kazakhstan), exemption from performing the remaining part of correctional labor in case of complete disability (Article 42 of the Criminal Code of the Republic of Kazakhstan) ;
3) publication of a search, including an international search, termination and selection of a preventive measure in respect of persons sentenced to punishment not related to isolation from society, hiding from Control and evading serving a sentence;
4) on changing the type of institution of the Penal correction system assigned to a person sentenced to imprisonment by a sentence or by a court decision issued during the execution of a sentence in accordance with the criminal executive legislation;
5) on parole from serving a sentence (Article 72 of the Criminal Code of the Republic of Kazakhstan), replacement of the unserved part of the sentence with a more lenient type of punishment or reduction of the term of the imposed sentence (Article 73 of the Criminal Code of the Republic of Kazakhstan);
5-1) on early release of a minor from a compulsory measure with an educational effect in the form of placement in an educational organization with a special regime (part five of Article 85 of the Criminal Code of the Republic of Kazakhstan) ;
6) cancellation of parole from serving a sentence (part seven of Article 72 of the Criminal Code of the Republic of Kazakhstan) ;
7) on exemption from punishment or postponement of serving a sentence with or without the use of compulsory medical measures in connection with illness, on replacement of the unserved part of the sentence with a more lenient type of punishment (Article 75 of the Criminal Code of the Republic of Kazakhstan), as well as on cancellation of resolutions for further execution of punishment, including on release of a convicted person from punishment in connection with recovery or postponement of serving a sentence;
8)on cancellation of conditional conviction or extension of probation control (Article 64 of the Criminal Code of the Republic of Kazakhstan);
9) on full or partial cancellation of the previously established obligations for a person sentenced to restriction of Liberty (Article 44 of the Criminal Code of the Republic of Kazakhstan);
10)on cancellation of deferral of execution of punishment (Article 74 of the Criminal Code of the Republic of Kazakhstan);
11)on exemption from serving a sentence in connection with the expiration of the limitation period of a court conviction (Article 77 of the Criminal Code of the Republic of Kazakhstan);
11-1) on exemption from serving a sentence when the terms of the procedural agreement on cooperation are met;
12)in the presence of other unfulfilled sentences, on the execution of the sentence, if it is not resolved by the last sentence in time (Part Six of Article 58, Article 60 of the Criminal Code of the Republic of Kazakhstan);
13)on accounting for the time of detention, as well as stay in a medical institution (Articles 62, 97, 98 of the Criminal Code of the Republic of Kazakhstan);
14)on the appointment, extension, modification or termination of the application of compulsory medical measures (articles 93, 96, 98 of the Criminal Code of the Republic of Kazakhstan);
14-1) on establishment, extension of administrative supervision over persons who have served a sentence;
15) on the release of a criminal law that is retroactive or cancels criminal liability for an act committed, the recognition by the Constitutional Court of the Republic of Kazakhstan as unconstitutional of a legal or other normative legal Act applied by the court at the time of sentencing, as well as release from punishment or mitigation of punishment as a result of the release of an amnesty act, changing the qualification of an act committed by a convicted person, reducing the term of punishment, recidivism of a crime (Article 6 of the Criminal Code of the Republic of Kazakhstan;
16) on reducing the amount of the amount withheld from the salary of a person sentenced to correctional labor in accordance with the criminal executive legislation of the Republic of Kazakhstan;
17) on clarification of doubts and ambiguities of any kind that arose during the execution of the sentence;
18) on termination of proceedings in connection with the death of the convicted person;
19) on consideration of Appeals of convicted persons to the actions and decisions of the prosecutor, persons of institutions of the Penal correction system on issues related to the execution of sentences;
20) on the removal of a criminal record;
21) on the appointment of a forensic psychiatric examination in respect of minors to resolve the issue of the presence (absence) of mental disorders and a tendency to commit sexual violence in Persons Sentenced to imprisonment for a crime against sexual inviolability of minors;
22) on the release of property from arrest;
23) on physical evidence, the fate of which was not decided by the court, on correcting technical and arithmetic errors in resolving a civil claim, as well as on the amount of procedural costs, compulsory payment to the Victims Compensation Fund and state duty in case of their incorrect calculation;
24) consideration of issues related to the cancellation, application, modification or continuation of security measures in relation to protected persons.
The Code of the Republic of Kazakhstan dated July 4, 2014 № 231.
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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