Article 73-1. Conditional reduction of the term of imprisonment of the Criminal Code of the Republic of Kazakhstan, the Criminal Code of the Republic of Kazakhstan
1. If a person who is serving a custodial sentence is not disciplined within one year, the remaining unserved term of imprisonment shall be conditionally reduced by a court for one month.
If a disciplinary penalty is applied to a convicted person, a conditional reduction in the term of imprisonment shall be applied one year after the date of its repayment or withdrawal and subject to compliance with the requirements provided for in this article during this period.
After the application of a conditional reduction in the term of imprisonment and if the convicted person complies with the requirements provided for in this article, the next application of this measure is carried out after one year.
2. Conditional reduction of the term of imprisonment is not applied to convicted persons who have committed a criminal offense while serving their sentence, sentenced to life imprisonment, as well as convicted of a crime against the sexual integrity of minors, except in cases where such a crime was committed by a minor against a minor aged fourteen to eighteen years, for a terrorist or extremist crime that entailed death of people or involving the commission of a particularly serious crime.
3. If, during the period of serving the term of imprisonment, the convicted person, to whom a conditional reduction (conditional reductions) of the term of imprisonment has been applied, has committed a criminal offense, the court shall cancel the conditional reduction (conditional reductions) of the term of imprisonment.:
1) for crimes – when sentencing according to the rules of sentencing according to the totality of sentences;
2) for criminal offenses – when sentencing;
3) in respect of convicted persons who have been released from criminal liability by a court or a criminal prosecution body on the basis of part one of Article 65, parts one and three of Article 68, parts two and four of Article 78 of the Criminal Code of the Republic of Kazakhstan, upon presentation by an institution of the penal enforcement (penitentiary) system.
4. Conditional reduction (conditional reductions) of the term of imprisonment shall be included in the served term of punishment in cases of release of the convicted person in connection with serving the sentence, conditional early release, replacement of the unserved part of the sentence with a milder type of punishment, reduction of the term of punishment in accordance with the procedure established by part four of Article 73 of this Code, transfer to establishment of a minimum security penal (penitentiary) system.
President
Republic of Kazakhstan
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