Article 604. Procedure for resolving the issue of transferring a convicted person or a person to whom compulsory medical measures have been applied CPC RK Code of Criminal Procedure of the Republic of Kazakhstan

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Article 604. Procedure for resolving the issue of transferring a convicted person or a person to whom compulsory medical measures have been applied CPC RK Code of Criminal Procedure of the Republic of Kazakhstan

1. If the convicted person is a citizen of a foreign state, the institution of the penal enforcement system explains to the convicted person his right to apply to the Prosecutor General's Office of the Republic of Kazakhstan or the authorized body of the state of which he is a citizen with a request to transfer him to serve his sentence in that state on the basis and in accordance with the procedure provided for by this Code.

2. After studying and verifying the materials, the Prosecutor General of the Republic of Kazakhstan, if they are properly processed and if there are grounds provided for in this Code or an international treaty of the Republic of Kazakhstan, decides on the transfer of foreign citizens specified in Article 602 of this Code, and informs the relevant body of the foreign state and the person on whose initiative the issue was considered. about the transfer of this person.

3. After receiving information from the authorized body of a foreign state on the consent to accept a convicted person to serve his sentence or a person to whom compulsory medical measures have been applied, the Prosecutor General's Office of the Republic of Kazakhstan shall instruct the internal affairs body, respectively, to coordinate the place, time and procedure for the transfer and organization of the transfer of this person from an institution of the penitentiary system or medical an organization providing compulsory medical treatment in a foreign country.

State bodies, within the limits of their competence, assist the internal affairs body in carrying out the transfer of a convicted person to a foreign state.

4. The transfer of foreigners specified in Article 602 of this Code does not deprive them of the right to apply for parole, commutation of the unserved part of the sentence to a more lenient one, pardon, as well as termination or modification of the application of compulsory medical measures in accordance with the procedure provided for by the legislation of the Republic of Kazakhstan. Any documents or information necessary for the consideration of this issue in the Republic of Kazakhstan may be requested from the competent authorities of the State of execution of the sentence or compulsory treatment through the Prosecutor General's Office of the Republic of Kazakhstan.

5. The Prosecutor General's Office of the Republic of Kazakhstan shall notify the court that issued the verdict of the decision to transfer the convicted person, and also ensure that the court is informed of the results of the execution of the sentence in a foreign country.

6. If an amnesty is declared in the Republic of Kazakhstan, the court that has received information about the transfer of a convicted person, in accordance with this article, shall consider the application of amnesty to such a convicted person. If necessary, the court may apply to the Prosecutor General's Office of the Republic of Kazakhstan in order to obtain from the competent authorities of the State of execution of the sentence the information necessary to consider the application of amnesty.

7. If, in accordance with parts four and six of this article, a decision is taken on parole, commutation of the unserved part of the sentence to a more lenient one, pardon or amnesty, termination or modification of the application of a compulsory medical measure, the Prosecutor General's Office of the Republic of Kazakhstan shall send a copy of the relevant decision to the State of execution of the sentence or compulsory treatment.

The footnote. Article 604 as amended by the Law of the Republic of Kazakhstan dated December 27, 2021 No. 88-V

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