Calculation of Sentences and Credit for Punishment Served

🔷 1. General Overview of the Article

Article 62 of the Criminal Code of the Republic of Kazakhstan details the procedure for calculating the duration of punishments, converting one type of punishment to another, and crediting time spent in pre-trial detention, house arrest, or psychiatric hospitalization. This is a key provision ensuring:

·        precision and equality in sentencing;

·        protection from repeated or disproportionate punishment;

·        inclusion of already served measures of repression in the final sentence.

🔷 2. Commentary on the Structure of the Article

🔹 Part 1. Units of Measurement for Punishment Duration

📌 This is important when comparing punishments under concurrence (Articles 58, 60 of the Criminal Code) and in cases of absorption of one punishment by another.

🔹 Part 2. Conversion into Days for Substitution and Aggregation

The court is authorized to unify and convert punishment into days for more accurate calculation when substituting one type of punishment for another (e.g., imprisonment for restriction of freedom).

📌 Example:3 months of restriction of freedom = 90 days

• 15 days of arrest = 105 days of total punishment

🔹 Part 3. Credit for Pre-trial Detention Before the Verdict Takes Legal Effect

This provision aims to account for the time a person has already spent in custody before the verdict enters into force.

📌 Calculation:

Example: A person spent 180 days in pre-trial detention (SIZO); the final sentence is to serve time in a medium-security facility.→ Credit: 180 × 1.5 = 270 days.

🔹 Part 3-1. Credit of Pre-trial Detention Against Other Types of Punishment

📌 Conversion of arrest, restriction of freedom, fines, and community service:

Example: If a person spent 30 days in detention, and the sentence is restriction of freedom:→ 30 days in custody = 60 days of restriction of freedom.

🔹 Part 4. House Arrest — Credit Toward Sentence

📌 Calculation:

Example: A person spent 40 days under house arrest and is sentenced to 1 year of restriction of freedom.→ Credit: 40 × 2 = 80 days of restriction of freedom are credited.

🔹 Part 5. Extradition — "1 to 1" Credit

Time spent in custody or serving a sentence in another country (upon extradition) is credited directly — 1 to 1.

📌 Basis: Article 9 of the Criminal Code — Application of the Criminal Code to offenses committed outside the Republic of Kazakhstan.

🔹 Part 6. Credit When Changing Type of Punishment (Sentence Review)

If the sentence is changed or the offense is reclassified, the court must credit the time already served, using the same equivalency coefficients as in Article 61.

📌 Example:

· Person was sentenced to 1 year of imprisonment, but after review, the punishment is changed to a fine.

· According to Part 6, 1 day = 4 MCI

· → 365 × 4 = 1460 MCI fine

🔹 Part 7. Credit for Time in Psychiatric Facility

If a person is declared mentally ill after committing a crime and is placed in a medical institution, that time is credited toward the final punishment after recovery and issuance of a new verdict.

📌 Applies to:

· Article 89 of the Criminal Code — compulsory medical measures;

· Article 92 of the Criminal Code — exemption from punishment due to illness.

🔷 3. Related Articles of the Criminal Code of Kazakhstan

🔷 4. International Standards

· International Covenant on Civil and Political Rights (Articles 9, 14) — protection against unlawful detention, right to credit for time served.

· European Convention on Human Rights (Articles 5, 6, 7) — guarantees of fair sentencing and protection against double punishment.

· ECHR case N.C. v. Italy (2002) — mandatory credit for time spent in custody before conviction.

🔷 5. Conclusion

Article 62 of the Criminal Code of Kazakhstan is one of the key provisions ensuring the principles of:

· legality,· equality,· fairness of punishment.

Its provisions exclude the possibility of double punishment and allow precise accounting of previously imposed restrictions on liberty. This article is particularly significant in complex cases involving preventive measures, extradition, changes in the type of punishment, and sentencing of minors or mentally ill individuals.

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