Article 72. Conditional early release from serving a sentence of the Criminal Code of the Republic of Kazakhstan, the Criminal Code of the Republic of Kazakhstan
1. A person serving a restriction of liberty or deprivation of liberty, after actually serving the terms specified in parts three, four and five of this article, may be released by a court on parole if the court finds that he does not need to fully serve his sentence in order to correct himself.
A person serving a restriction of liberty or deprivation of liberty, after actually serving the terms specified in parts three, four and five of this article, is subject to parole in the event of full compensation for the damage caused by the crime and the absence of malicious violations of the established procedure for serving a sentence.
A person serving a prison sentence imposed for a terrorist or extremist crime that has not resulted in the death of people and is not associated with the commission of a particularly serious crime, after actually serving the terms specified in parts three, four and five of this article, may be released by a court on parole if he actively assists in the prevention, disclosure or investigation of terrorist or extremist crimes, exposure of members of a terrorist or extremist group.
Pregnant women, women who have or are raising a minor child, men who are raising a minor child alone, women aged fifty-eight and over, men aged sixty-three and over, persons with disabilities of the first or second group serving imprisonment for grave and especially grave corruption crimes, after actually serving their sentences persons specified in parts three and five of this article may be released by a court on parole.
A person serving a prison sentence for a grave and especially grave corruption offense who has fulfilled all the conditions of a procedural cooperation agreement may be released on parole by a court after actually serving the terms specified in parts three and five of this article.
In this case, a person may be fully or partially released from serving an additional type of punishment.
2. For a person released on parole from serving a custodial sentence, probation control shall be established by the court during the remaining unserved part of the sentence in accordance with the rules of the second part of Article 44 of this Code. In the case of conditional early release from serving a sentence of a person sentenced to life imprisonment, probation control is established for a period of ten years. When applying for parole, a person is also charged with the duties provided for by the Penal Enforcement Code of the Republic of Kazakhstan.
Probation control is not established upon the conditional early release 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.
3. Conditional early release may be applied only after the convict has actually served his sentence.:
1) at least one third of the term of punishment imposed for a minor or moderate crime;
2) at least half of the term of punishment imposed for a serious crime;
3) at least two thirds of the term of punishment imposed for a serious crime involving an attack on human life or health, or a particularly serious crime;
3-1) not less than two thirds of the remaining unserved term of punishment in the event that the previously applied parole was revoked on the grounds provided for in paragraphs 1) and 2) of part seven of this Article.;
4) not less than three quarters of the term of punishment, if the previously applied conditional early release was revoked on the grounds provided for in paragraph 3) of part seven of this Article.;
5) not less than one-fourth of the term of punishment imposed for a crime of minor or moderate gravity, or not less than one-third of the term of punishment imposed for a serious crime, or not less than half of the term of punishment imposed for a serious crime related to an encroachment on human life or health, or a particularly serious crime, or not less than three a quarter of the sentence imposed for a particularly serious crime involving an attack on human life or health, if the convicted person fulfills all the conditions of the procedural agreement.
4. Conditional early release from serving a sentence may be applied to pregnant women, women with or raising a minor child, men raising a minor child alone, persons raising a child with a disability, women aged fifty-eight and over, men aged sixty-three and over, persons with disabilities the first or second group after the actual departure:
1) at least one-fourth of the term of punishment imposed by a court for a crime of minor or moderate gravity;
2) at least one third of the sentence imposed by the court for a serious crime;
3) not less than half of the term of punishment imposed by the court for a particularly serious crime not involving an attempt on human life, as well as if the previously applied parole was revoked on the grounds provided for in paragraphs 1) and 2) of part seven of this Article.;
4) not less than two thirds of the term of punishment imposed by the court for a particularly serious crime involving an attempt on human life, as well as if the previously applied parole was revoked on the grounds provided for in paragraph 3) of part seven of this Article.;
5) not less than one fifth of the term of punishment imposed for a minor or moderate crime, or not less than one fourth of the term of punishment imposed for a serious crime, or not less than one third of the term of punishment imposed for a particularly serious crime, if the convicted person fulfills all the conditions of the procedural agreement.
5. The term of imprisonment actually served by the convicted person may not be less than six months.
6. A person serving a life sentence imposed by a court may be released on parole if the court finds that he does not need to continue serving this sentence and has actually served at least twenty-five years of imprisonment. If a person serving a life sentence imposed by a court has fulfilled all the conditions of the procedural agreement, he may be released on parole after actually serving at least fifteen years of imprisonment.
7. If, during the remaining unserved part of the sentence, the person to whom the conditional early release was applied has committed:
1) two or more administrative offenses for which administrative penalties were imposed on him, or evaded without a valid reason more than twice from fulfilling the duties assigned to him when applying for parole, or without a valid reason did not appear for registration at his chosen place of residence within five working days after his release from his places of residence Upon submission of the authorized state body, the court may decide to cancel the conditional early release and execute the remaining unserved part of the sentence.;
2) a crime of negligence, as well as in cases of committing a criminal offense, an intentional crime of minor gravity by a pregnant woman, a woman with or raising a minor child, a man raising a minor child alone, a woman aged fifty-eight and over, a man aged sixty-three and over, a person with a disability of the first or second degree In the second group, the issue of cancellation or retention of parole is decided by the court when sentencing for a new crime. If the court cancels the parole, the punishment is imposed according to the rules of sentencing based on the totality of sentences.;
3) an intentional crime, with the exception of the cases specified in paragraph 2) of this part, the court cancels the conditional early release and assigns punishment to him according to the rules of sentencing based on the totality of sentences.
8. Conditional early release does not apply to persons:
1) excluded by the Law of the Republic of Kazakhstan dated 07/16/2025 No. 210-VIII (effective sixty calendar days after the date of its first official publication);
2) convicted of a terrorist or extremist crime that caused the death of people or involved the commission of a particularly serious crime;
3) convicted of a grave and especially grave corruption offense, with the exception of:
cases of such crimes committed by pregnant women, women who have or are raising a young child, men who are raising a young child alone, women aged fifty-eight and over, men aged sixty-three and over, persons with disabilities of the first or second group;
convicted persons who have fulfilled all the conditions of the procedural cooperation agreement;
4) convicted of a crime against the sexual integrity of minors, except in the case of the commission of such a crime by a person who has not reached the age of majority, in relation to a minor aged from fourteen to eighteen years.
The Regulatory Resolution of the Constitutional Court of the Republic of Kazakhstan dated 05/16/2024 No. 44-NP, paragraph 4) of the eighth part of Article 72 of the Criminal Code of the Republic of Kazakhstan is recognized as consistent with the Constitution of the Republic of Kazakhstan.
President
Republic of Kazakhstan
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