Article 95. Assessment of the behavior of a convicted person in order to individualize his punishment the Criminal executive code of the Republic of Kazakhstan

Home / RLA / Article 95. Assessment of the behavior of a convicted person in order to individualize his punishment the Criminal executive code of the Republic of Kazakhstan

1.during the period of execution of punishment, in order to individualize it, an assessment of the behavior of the convicted person is carried out by determining the degree of his behavior.

2. the degree of behavior of the convicted person:

1) change the type of institution in which he is serving a sentence in accordance with Article 96 of this code;

2) this code 135, 137, 139, 142, 144, 150-changing the conditions for serving his sentence in an institution in accordance with articles;

3) expansion of its rights or establishment of legal restrictions in accordance with articles 128, 130, 152, 154 of this code.

3.the degree of behavior of a convicted person is determined by the resolution of the head of the institution on the basis of materials provided by the commission of the institution, describing his behavior (compliance of institutions with internal regulations; attitude to work and study; participation in educational activities; participation in programs aimed at providing social and legal assistance to convicts; taking measures to compensate for damage caused by a crime).

4.in order to determine the degree of behavior of the convicted person, the assessment of his behavior is carried out from the date of arrival of the convicted person in the institution.

A convicted person who does not have incentives and punishments, or whose punishment is served in accordance with the procedure established by this code, is recognized as missing a certain degree of behavior.

In case of transfer of a convicted person from one type of institution to another, a previously established assessment of the degree of behavior is maintained until the moment of consideration of his behavior by the commission of the institution within the time limits provided for by this code.

The degrees of behavior of convicts are determined based on the following criteria:

for convicts with positive characteristics:

1) in the presence of at least one incentive and the absence of punishment for three or more months from the date of receipt of the last incentive – the degree of first positive behavior;

2) in the presence of the first degree of positive behavior, at least one reward and no punishment for six months or more from the date of receipt of the first degree of positive behavior-the degree of the second positive behavior;

3) the second degree of positive behavior, in the presence of at least one incentive and the absence of punishment for one or more years from the date of receipt of the second degree of positive behavior-the third degree of positive behavior;

for convicts with a negative character:

1) when recognized as a violator of the established procedure for serving a sentence – the degree of first negative behavior;

2) when recognized as a regular violator of the established procedure for serving a sentence – the second degree of negative behavior;

3) recognized as a malicious violator of the established order of serving a sentence – the third degree of negative behavior.

Recognition of a convicted person as a violator of the established procedure for serving a sentence, a regular violator or a malicious violator is carried out in accordance with part three of Article 130 and part four of Article 154 of this code.

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

President

Republic of Kazakhstan

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