Article 478. Procedure for resolving issues related to the execution of sentences Criminal Procedure Code of the Republic of Kazakhstan

  1. the court shall be obliged to comply with article 476 of this Code. 2), 5), 16), 19) 20) at the request of the convicted person.

     2. Article 476 of this Code 1), 3), 6), 8), 10), 12), 14), 14-1), 18) issues specified in paragraphs 21) are considered on the recommendation of the institution or body executing the sentence.

     2-1.issues referred to in paragraph 3) of Article 476 of this code in terms of the publication and termination of an international search shall be considered on the recommendation of the body conducting the search for persons convicted of punishment not related to isolation from society, hiding from Control and evading serving a sentence.

     3. the court shall be obliged to comply with article 476 of this Code. 4), 7), 9), 11), 13), 15) 17) at the request of the convicted person or on the recommendation of the institution or body executing the sentence.

     3-1.the issue specified in Paragraph 22) of Article 476 of this code is considered by the court upon the application of the authorized state body and other interested persons who accepted the property confiscated by the court verdict.

     3-2.the issue referred to in paragraph 23) of Article 476 of this code is considered by the court at the request of the convicted person, his defense lawyer, as well as other interested parties, on the recommendation of the institution or body executing the sentence.

     4.issues related to the execution of the sentence are considered by the court separately at an open court session with the participation of the convicted person within one month from the date of receipt of the petition. Article 476 of this Code 1), 3), 6), 7), 8), 10), 14), 17) consideration of issues provided for in paragraphs 23) may be carried out without the participation of the convicted person.

     If the issues provided for in paragraphs 5) and 11-1) of Article 476 of this code are related to the fulfillment of the terms of the procedural agreement on cooperation, the court shall consider them in a closed court session.

     5.issues specified in paragraphs 5) and 11-1) of Article 476 of this code may be considered by the court at the request of the prosecutor general of the Republic of Kazakhstan, the chief military prosecutor, the chief transport prosecutor, the prosecutor of the region and their equivalent prosecutors or their deputies within the framework of a procedural agreement on cooperation.

     6.when considering issues related to the execution of a sentence by a court in respect of convicted persons, the presence of a defender is mandatory in cases provided for by part one of Article 67 of this code.

     In cases where lawyers provide legal assistance to convicted persons on the basis of a court decision, payment for their labor is made in accordance with Article 68 of this code.

     7.when considering the issue of releasing a convicted person from punishment due to illness or postponing the serving of a sentence or placing him in a medical institution, the presence of a representative of the Medical Commission who issued an opinion is mandatory, and in case of a forensic medical or forensic psychiatric examination, an expert who issued an opinion is present at the court session.

     8.when declaring a search for a conditionally convicted person, the court shall indicate in the decision the beginning of the suspension of the term of probation control and the time when its passage will resume.

     9.when considering the issue of parole from serving a sentence, the victim has the right to participate in the court session or may be represented by his representative.

     10.if the issue concerns the execution of the sentence in the part of the civil claim, the civil plaintiff or his representative is also invited to the court session. The absence of these persons does not interfere with the consideration of the case.

     11. The prosecutor participates in the court session.

     12. Consideration of issues related to the execution of a sentence in court begins with the presentation of the relevant petition by the convicted person, the prosecutor or a representative of the institution or body executing the sentence. Then the submitted materials are studied, explanations of the persons who appeared at the court session, the opinion of the prosecutor are heard, after which the judge makes a decision in the conference room.

     13. A protocol is kept during the court session.

The Code of the Republic of Kazakhstan dated July 4, 2014 № 231. 

President    

Republic of Kazakhstan     

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