Article 480. Consideration of issues on parole or replacement of the outstanding part of the sentence with a more lenient one Criminal Procedure Code of the Republic of Kazakhstan

1. The issue of conditional early release from punishment or replacement of the unserved part of the punishment with a lighter punishment shall be considered at the request of the convicted person, as well as in the case provided for in part five of Article 478 of this Code.

     2. The institution or body executing the sentence is important for making a legal decision to the court, including materials confirming the term of serving the sentence imposed by the court sentence, information about the compensation of damage caused by the crime by him, information about the treatment and results of the convicted person for mental, behavioral disorders (diseases) related to the consumption of substances that actively affect the psyche, , He is required to provide detailed information describing his behavior while serving his sentence. The petition of the Prosecutor General of the Republic of Kazakhstan, the prosecutor of the region or an equivalent prosecutor, and their deputies must be accompanied by an effective verdict issued under a procedural cooperation agreement. The institution or body executing the punishment submits to the court its opinion on the degree of correction of the convicted person by that time and on the need for him to fulfill the entire term of punishment or the absence of such a need. Also, the institution or body executing the sentence and the convicted person himself may submit to the court data on the alleged place of residence of the convicted person after his release and the prospects for his employment (written consent of relatives, provision of housing, workplace by the organization, local governments).

     3.a convicted person has the right to familiarize himself with the materials submitted to the court before the start of the court session, submit his / her explanations, evidence, and submit petitions.

     4.if the submission raises the question of replacing the unserved part of the sentence with a more lenient one, the institution or body executing the sentence shall submit to the court, in addition to the information specified in the second part of this article, a reasoned opinion on the type of punishment, the size of the term, which may be established for the convicted person to serve in the order of replacement, taking into account the degree of his correction and personal qualities.

     5.when considering the issue of parole or replacement of the unserved part of the sentence with a more lenient one, the presence at the court session of the convicted person, defense attorney, representative of the institution or body executing the sentence, prosecutor is mandatory. The absence of the victim, civil plaintiff and their representatives does not prevent the consideration of the petition.

     6.after conducting the preparatory part of the court session, the application is submitted by the convicted person or the institution or body executing the sentence, respectively. Then the court examines the materials received and hears the comments of the persons who came to the hearing. The convicted person has the right to participate in the study of all materials at the court session, to speak in court and express his opinion on the issue under consideration.

     The prosecutor submits to the court a reasoned opinion on the satisfaction of the petition or its dismissal.

     7. based on the results of judicial review:

     1) on satisfaction of the application for parole release of the convicted person from further serving of the sentence and or on replacement of the outstanding part of the sentence with another more lenient punishment;

     2) on refusal to satisfy the application for parole or to satisfy the application for replacement of the outstanding part of the sentence with another more lenient punishment;

     3) refuse to satisfy the application for parole from punishment, making a decision to replace the outstanding part of the sentence with another more lenient one.

     The court has the right to make a decision on the replacement of the outstanding part of the sentence with another more lenient one, both in case of satisfaction of the received application for this and in case of refusal to satisfy the application for parole from punishment.

     The court has the right to make a decision on the replacement of the outstanding part of the sentence with another more lenient one, both in case of satisfaction of the received application for this and in case of refusal to satisfy the application for parole from punishment.

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

President    

Republic of Kazakhstan     

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