Comment to article 475. Postponement of execution of sentence The Criminal Procedure Code of the Republic of Kazakhstan

The execution of a sentence condemning a person to community service, correctional labor, restriction of liberty or imprisonment may be postponed if one of the following grounds exists::

1) the convict's serious illness, which prevents him from serving his sentence, until his recovery;

2) pregnancy of a convicted person or the presence of young children of a convicted woman and in relation to men who raise young children alone – in accordance with the procedure provided for in Article 74 of the Criminal Code of the Republic of Kazakhstan.;

3) when the immediate serving of a sentence may entail grave consequences for the convicted person or his family due to a fire or other natural disaster, serious illness or death of the only able–bodied family member or other extraordinary circumstances - for a period established by the court, but not more than six months, and in respect of persons specified in the second part of Article 76 Of the Criminal Code of the Republic of Kazakhstan, – no more than three months.

The payment of a fine or other amounts to be recovered from a convicted person by a court verdict may be postponed or delayed in installments for up to six months if immediate payment is impossible for the convicted person.

The issue of postponing the execution of a sentence, if it was not resolved by the court when the sentence was passed, is decided by the court that passed the sentence, or by the court in whose area the sentence is carried out at the request of the convicted person, his legal representative, close relatives, defense counsel, or on the recommendation of the prosecutor or the body responsible for the execution of the sentence.

Postponement of execution of the sentence in terms of additional punishment is not allowed.

1. As a rule, upon entry into legal force, a court verdict is immediately enforced. However, for humane reasons, the law allows the court, as well as if there are appropriate petitions from the defense or the prosecutor, to postpone the execution of the sentence on the grounds specified in the law. The court that issued the verdict enters into the discussion of these issues already when resolving issues related to the verdict. Thus, the postponement of the sentence is also possible when the verdict is passed by the court.

2. The list of punishments that may be suspended by the court during their execution is exhaustive. However, this cannot be said about the list of circumstances that serve as a basis for postponing the sentence, which may include other circumstances.

According to the law, the postponement of the execution of punishment is established by a court verdict for a specific period, except in cases of serious illness of the convicted person. The court's application of a deferral depends on the nature and degree of public danger of the crime committed and the personal qualities of the convicted person (his gender, state of pregnancy, dependent minor children, etc.).

Thus, a serious illness of a convicted person must be documented by a medical institution and indicate that it is impossible for the convicted person to serve his sentence until his full recovery. The court has the right to verify the validity of a medical document.

Documentary confirmation of the medical institution is necessary regarding the state of pregnancy of the convicted woman at the time of execution of the sentence. It must also be documented that the convicted person actually has minor children who are dependent on her. In these circumstances, according to the law, convicted pregnant women and women with children under the age of fourteen, except those sentenced to imprisonment for a term of more than five years for grave and especially grave crimes against the person, the court may postpone serving the sentence for up to one year or until the child reaches the age of fourteen, respectively. If the convicted person has abandoned a minor child, or continues to evade the upbringing of a child, or violate public order after a two-time written warning issued by the body exercising control over the convicted person, in respect of whom the sentence has been suspended, the court may, on the recommendation of this body, cancel the delay in serving the sentence and send the convicted person to serve the sentence in a place where appointed in accordance with the verdict of the court. When the child reaches the age of fourteen, or in the event of his death, or in the event of termination of pregnancy, the court, depending on the behavior of the convicted person, may release her from serving her sentence, or replace the imposed punishment with a milder type of punishment, or decide to send the convicted person to an appropriate institution to serve her sentence. If, during the period of postponement of serving her sentence, the convicted person commits a new crime, the court shall sentence her according to the totality of the sentences.

3. The law cites the postponement of serving a sentence due to extraordinary circumstances as the basis for postponing the execution of a sentence. According to the law, a person convicted of a minor and moderate crime may be released from punishment by a court if serving it may entail particularly serious consequences for the convicted person or his family as a result of a fire or natural disaster, serious illness or death of the only able-bodied family member or other extraordinary circumstances. A person sentenced to imprisonment for a grave or especially grave crime may, if there are similar grounds, also postpone serving the sentence, but for a period of up to three months.

4. According to the law, the convicted person is obliged to pay a fine no later than one month after the verdict comes into force. If the convicted person is unable to pay the fine in a lump sum, a delay or installment payment for up to six months is allowed at the request of the convicted person. In case of postponement, the fine is paid in full upon the date set by the court, and in case of installments, it is paid in installments within the time period stipulated by the court.

Upon the disappearance of the circumstances that served as the basis for the application of the postponement, the sentence must be carried out immediately. The court is obliged to monitor the progress of the postponement of the execution of the sentence and its enforcement after the expiration of the established time limits.

Commentary to the Criminal Procedure Code of the Republic of Kazakhstan from the Supreme Court of the 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