Article 63. Suspended sentence The Criminal Code of the Republic of Kazakhstan, the Criminal Code of the Republic of Kazakhstan
1. If, having imposed a custodial sentence, the court comes to the conclusion that it is possible to correct the convicted person without serving the sentence, it decides to consider the imposed sentence conditional.
2. When applying a suspended sentence, the court takes into account the nature and degree of public danger of the crime committed, the identity of the perpetrator, including mitigating and aggravating circumstances and punishment.
3. When imposing a suspended sentence, the court establishes, according to the rules of part two of article 44 of this Code, probation control for the entire term of imprisonment, and for minors for a period of six months to one year.
The use of a suspended sentence for minors is also possible if a minor or moderate crime is committed again during probation control during a suspended sentence.
Probation control is not established during the conditional conviction of a foreigner or a stateless person, to whom the court has ordered expulsion from the Republic of Kazakhstan as an additional type of punishment.
4 Additional types of restrictions and punishments may be imposed upon a suspended sentence.
5 In case of conditional conviction, compulsory educational measures may be imposed on a minor.
6 Suspended sentence is not applied to persons with a recidivism of crimes, dangerous recidivism of crimes, when a person is convicted of a particularly serious crime, a corruption crime, a terrorist crime, an extremist crime, torture, a crime committed as part of a criminal group, a crime against the sexual integrity of minors. This restriction does not apply to minors who have committed a crime against the sexual integrity of a minor between the ages of fourteen and eighteen.
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
Constitution Law Code Standard Decree Order Decision Resolution Lawyer Almaty Lawyer Legal service Legal advice Civil Criminal Administrative cases Disputes Defense Arbitration Law Company Kazakhstan Law Firm Court Cases
