Article 62. Calculation of terms of punishments and offset of punishment of the Criminal Code of the Republic of Kazakhstan, the Criminal Code of the Republic of Kazakhstan
1. The terms of deprivation of the right to hold certain positions or engage in certain activities, restrictions on freedom, and imprisonment are calculated in months and years, arrest in days, and community service in hours.
2. In case of substitution of punishment or addition of punishments specified in the first part of this article, as well as in case of offset of punishment, the time limits may be calculated in days.
3. The time spent in custody before the sentence enters into legal force is counted towards the term of punishment at the rate of one day per sentence.:
1) one day of serving a sentence of imprisonment in an institution of maximum, extreme and complete security;
2) one and a half days of serving a sentence of imprisonment in an institution of medium security, as well as medium security for the detention of minors;
3) two days of serving a sentence in a minimum security facility.
3-1. The time spent in custody before the sentence enters into legal force is counted towards the term of punishment at the rate of one day per sentence.:
1) one day of serving a sentence of arrest;
2) two days of serving a sentence of restriction of liberty;
3) four hours of community service;
4) four monthly calculated indicators of serving a sentence in the form of correctional labor and a fine, respectively.
4 The time spent under house arrest before the sentence enters into force is counted in the term of punishment in the form of imprisonment, restriction of liberty, arrest at the rate of two days for one day, in the form of community service, correctional labor, fine – at the rate of one day of detention under house arrest for two hours of community service or two monthly calculated indicators, respectively.
5 The time of a person's detention before the court verdict enters into force and the time of serving the deprivation of liberty imposed by the court verdict for a crime committed outside the Republic of Kazakhstan, in the case of extradition of a person on the basis of Article 9 of this Code, shall be calculated at the rate of one day per day.
6. In the case of a review of a sentence with the imposition of another type of punishment on a person, the term served or the amount of punishment executed before the review of the sentence shall be counted towards the term or amount of the new punishment. When calculating the time served or the amount of punishment served:
1) one day of imprisonment corresponds to four monthly calculated indicators of a fine or correctional labor, four hours of community service, one day of arrest, one day of restriction of freedom;
2) one day of restriction of freedom corresponds to four monthly calculated indicators of a fine or correctional labor, four hours of community service, one day of arrest;
3) one day of arrest corresponds to four monthly calculated indicators of a fine or correctional labor, four hours of community service;
4) one hour of community service corresponds to one monthly calculation index of a fine or correctional labor;
5) one monthly calculation index of correctional labor corresponds to one monthly calculation index of a fine.
7 The time during which compulsory medical measures were applied to a person who became ill after committing a crime with a mental or behavioral disorder (disease) is counted in the term or amount of punishment.
President
Republic of Kazakhstan
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