Article 85. Content and terms of application of compulsory educational measures of the Criminal Code of the Republic of Kazakhstan, the Criminal Code of the Republic of Kazakhstan
1. A warning consists in explaining to a minor the harm caused by his act and the consequences of repeated commission of offenses provided for in this Code.
2. Transfer to supervision consists in assigning to parents or persons replacing them, or to a specialized state body, the duties of educating a minor and monitoring his behavior.
3. The obligation to make amends for the damage caused is imposed taking into account the property status of the minor and the availability of appropriate work skills.
4. The restriction of leisure time and the establishment of special requirements for the behavior of a minor may include a ban on visiting certain places, using certain forms of leisure, including those related to driving a motor vehicle, restricting staying outside the house after a certain time of day, traveling to other areas without the permission of a specialized government agency. A minor may also be required to return to an educational institution, continue or complete his studies, or find a job with the help of a specialized government agency. This list is not exhaustive.
5. Placement in an educational institution with a special regime of detention for a period of six months to two years may be assigned by a court to a minor who has committed an intentional crime of moderate gravity or a serious crime. Stay in these organizations may be terminated prematurely due to the person reaching the age of majority, and also if, based on the conclusion of a specialized state body providing correction, the court concludes that the minor does not need to apply this measure in order to correct himself in the future.
6. The extension of stay in an educational institution with a special regime of detention after the expiration of the period provided for in part five of this article is allowed only if it is necessary for a minor to complete general education or vocational training, but no more than before he reaches the age of majority.
7. The procedure and conditions for minors to stay in educational institutions with a special regime of detention are determined by the laws of the Republic of Kazakhstan.
8. The minor brings a personal apology to the victim for the harm caused.
9. Probation control is established for a period of up to one year according to the rules of the second part of Article 44 of the present Code.
10. The term of application of compulsory educational measures provided for in paragraphs 2) and 4) of the first part of Article 84 of this Code is set for up to six months in the case of a criminal offense, from six months to one year in the case of a minor offense, from one year to two years in the case of a moderate offense, and from two to three years in the case of committing a serious crime.
11. In the case of intentional non-fulfillment by a minor of a compulsory educational measure two or more times during the year, this measure, upon presentation by a specialized state body, is canceled by the court and the materials are sent to bring the minor to criminal responsibility, if the statute of limitations for criminal liability has not expired.
President
Republic of Kazakhstan
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