Article 96. Changing the type of institution criminal Executive Code of the Republic of Kazakhstan

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 1. convicted persons of the second or third degree of positive behavior before the court of the type of institution:

1) after convicts have served at least half of the term assigned by a court verdict, decision in a fully safe institution – from a completely safe institution to a highly or moderately safe institution;

2) convicted persons in Preferential and preferential conditions of serving a sentence shall have the right to apply for a change from medium – safe or maximum – security institutions to low – security institutions after serving at least a quarter of the term of punishment for a crime of less serious and moderate severity, for serious crimes-at least a third of the term of punishment, and those who have previously been released from serving deprivation of liberty and have committed new crimes during the period of the remaining outstanding part of the sentence-at least two-thirds of the term of punishment.

2. these:

1) in case of dangerous recidivism of crimes;

1-1) for committing crimes provided for in Chapter 15 of the Criminal Code of the Republic of Kazakhstan, who have not compensated for the damage caused by the crime;

2) for the commission of particularly serious crimes, as well as terrorist or extremist crimes;

3) convicted persons sentenced to life imprisonment, as well as life imprisonment, which is replaced by imprisonment for a certain period in the order of pardon;

4) excluded by the law of the Republic of Kazakhstan dated 16.07.2025 No. 210 – VIII (entered into force on the expiration of sixty calendar days after the date of its first official publication);

5) have not undergone mandatory treatment, as well as require specialized treatment in medical and preventive institutions;

6) convicted persons with negative behavior are not subject to transfer to low-security institutions.

3. in respect of convicted persons who committed a malicious violation of the established procedure for serving a sentence, the court:

1) from a low-security institution - to an institution, the type of which was previously determined by a court verdict;

2) transfer from a low – security institution to a medium-security institution to which they were sent by a court verdict.

3) excluded by the law of the Republic of Kazakhstan dated 27.12.2019 No. 292 – VI (for the procedure of entry into force, See Article 2).

3-1. the third degree has negative behavior and the second part of Article 130 of this Code 1), 2), 7), 9), 11) in respect of convicted persons who have committed a malicious violation of the established procedure for serving a sentence provided for in subitems 12), the court shall submit a proposal to transfer from a medium, maximum safe institution – from where they are sent to a fully safe institution, to a fully safe institution for a period of no more than three years with the remaining term of punishment in an institution of the same type of security.

At the same time, submission to the court is made in the event that the convicted person committed a malicious violation of the established procedure for serving a sentence after applying a punitive measure in the form of transfer to a private cell for a previous malicious violation of the established procedure for serving a sentence.

In relation to convicted pregnant women and convicted women with young children, as well as convicted persons with disabilities, it is not allowed to change the type of institution to a completely safe one.

3-2.if the administration of the institution applies to the court with a proposal to change the type of institution provided for in parts three and 3-1 of this article, copies of such submission and materials are sent to the prosecutor no later than the next business day.

4.when a convicted person has served part of the term of punishment established by the first part of this article, the administration of the institution is obliged to notify the convicted person of the second or third positive behavior in writing within five days of the beginning of the right to submit a petition to the court for consideration of the issue of changing the type of institution.

5.if the convicted person applies with a request to change the type of institution, the administration is obliged to send the application to the court within ten days with the attachment of materials characterizing the personality of the convicted person, behavior during serving a sentence, attitude to work and study and the personal file of the convicted person, as well as notify the prosecutor in writing about the sending of the specified application.

6.in case of refusal of the court to change the type of institution, the application may be submitted again after at least six months from the date of issuance of the court decision.

7.a convicted person, in respect of whom the court has issued a decision to return from a low-security institution to an institution or medium-security institution, the type of which was previously determined by a court verdict, is kept in a mixed-security institution until the court decision enters into legal force.

8. If the prosecutor or the court cancels the disciplinary penalty that served as the basis for the transfer of the convicted person from the institution in accordance with parts three and 3-1 of this Article, the administration of the institution is obliged to apply to the court with a petition to consider the issue of changing the type of institution to a security institution in which the convicted person was transferred, and the defendant has the right.

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

President

Republic of Kazakhstan

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