Article 88. Places of execution of punishment in the form of imprisonment criminal Executive Code of the Republic of Kazakhstan

Home / RLA / Article 88. Places of execution of punishment in the form of imprisonment criminal Executive Code of the Republic of Kazakhstan

1.persons sentenced to imprisonment serve their sentences in institutions.

Persons sentenced to imprisonment, except in cases provided for by this code, serve the term of punishment in one institution.

2.persons sentenced to imprisonment are sent to the institution, taking into account the necessary conditions for their correction, maintaining socially useful contacts, ensuring their safety and preventing them from committing new offenses.

3. sending a convicted person to serve a sentence to an institution of the relevant regime type of another region by decision of the authorized body of the Penal correction system:

1) absence of an appropriate type of institution at the place of residence of the convicted person;

2) exceeding the limit of places of serving a sentence provided for in part two of Article 115 of this code.

4. transfer of a convicted person from one institution to another institution of the same type or to a mixed-Security Institution for further serving of his sentence by decision of the authorized body of the Penal correction system:

1) in accordance with Part Five of Article 12 of this code, the security of the convicted person is ensured;

2) reorganization or liquidation of the institution;

3) with the consent of the convicted person, there was a production need;

4) in cases where it is necessary to observe law and order in the institution.

The decision of the authorized body of the Penal correction system to transfer the convicted person to an institution of another region (capital, city of Republican significance) on the grounds provided for in subitems 1) and 4) of the first paragraph of this part is made taking into account the conclusion of the district or equivalent prosecutor at the place of serving the sentence.

The authorized body of the Penal correction system is obliged to notify the prosecutor in writing no later than the next working day of the decision taken to replace the convicted person on the grounds provided for in subitems 1) and 4) of this part.

4-1.if there are no grounds for further detention of a convicted person sent or transferred to another institution in accordance with parts two, three and four of this article, he is subject to transfer to it, if he has a place in another institution of the appropriate type at his own request or with his consent, in order to maintain socially useful contacts.

For a convicted person sent or transferred in accordance with subparagraphs 1), 2) and 3) of the third part of this article – the absence of a degree of negative behavior, and for a convicted person sent to prevent the commission of new offenses or transferred on the basis of subparagraph 4) of the fourth part of this article, the presence of a degree of positive behavior is mandatory conditions for replacing a convicted person.

At the same time, the socially useful contacts of the convicted person are documented.

Transfer of a convicted person to maintain socially useful contacts is carried out in accordance with the rules approved by the authorized body in the field of criminal Executive activity in coordination with the general prosecutor's Office of the Republic of Kazakhstan.

5.in case of dangerous recidivism of a crime, sentenced to life imprisonment, serving a sentence in a completely safe institution, convicted women, convicted minors are sent to serve their sentences at the place of residence of the relevant institutions.

6.foreigners serving sentences in institutions of the Republic of Kazakhstan, sentenced to imprisonment may be sent to the state in which they are citizens (subjects) in accordance with the procedure established by international treaties ratified by the Republic of Kazakhstan, or by written agreement of the prosecutor general of the Republic of Kazakhstan in accordance with the procedure provided for by the Criminal Procedure Code of the Republic of Kazakhstan, on terms of mutual understanding with the competent authorities and officials of a foreign state.

Law of the Republic of Kazakhstan dated 5 July 2014 № 234-V.

President

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