Commentary on Article 64. Cancellation of Conditional Conviction or Extension of the Probation Period of the Criminal Code of the Republic of Kazakhstan
1. If, before the expiration of the probation period, a person sentenced conditionally has demonstrated through their conduct that they have reformed, the court, upon the submission of the body exercising supervision over the conduct of the conditionally sentenced person, may issue a ruling cancelling the conditional conviction and removing the criminal record from the convicted person. In this case, the conditional conviction may be cancelled only after at least half of the established probation period has elapsed.
2. If a conditionally sentenced person commits a violation of public order for which an administrative penalty has been imposed on them, the court, upon the submission of the body specified in Part One of this Article, may extend the probation period, but by no more than one year.
3. In the event that a conditionally sentenced person systematically and maliciously violates public order during the probation period, or if the conditionally sentenced person absconds from supervision, the court, upon the submission of the body specified in Part One of this Article, shall issue a ruling cancelling the conditional conviction and enforcing the punishment imposed by the court's judgment.
4. If, during the probation period, a conditionally sentenced person commits a crime through negligence or an intentional crime of minor gravity, the question of whether to cancel or maintain the conditional conviction shall be decided by the court when imposing punishment for the new crime.
5. If, during the probation period, a conditionally sentenced person commits an intentional crime of medium gravity, a serious crime or an especially serious crime, the court shall cancel the conditional conviction and impose punishment on the person in accordance with the rules provided for in Article 60 of this Code. Punishment shall be imposed in accordance with the same rules in the cases provided for in Part Four of this Article.
The provision under consideration regulates issues related to the cancellation of a conditional conviction in respect of a convicted person.
Several circumstances must be taken into account when deciding the issue of cancelling a conditional conviction and removing a criminal record. These circumstances shall be present if, before the expiration of the probation period, the conditionally sentenced person has demonstrated through their conduct that they have reformed. At the same time, the issues of cancelling the conditional conviction and removing the criminal record shall be decided by the court upon the submission of the body exercising supervision over the conduct of the conditionally sentenced person. At the same time, the issue of cancelling the conditional conviction and removing the criminal record from the convicted person may also be raised.
However, such positive outcomes arise only if at least half of the established probation period has elapsed.
The law defines circumstances that are not only positive but also negative in nature for the convicted person. These include cases where a conditionally sentenced person commits a violation of public order for which an administrative penalty has been imposed on them. In this case, the probation period of the conditionally sentenced person may be extended, but by no more than one year. This issue shall be decided by the court upon the submission of the body exercising supervision over conditionally sentenced persons.
Upon the submission of the body specified in Part One of this Article, the court shall issue a ruling cancelling the conditional conviction and enforcing the punishment imposed by the court's judgment in the event that the conditionally sentenced person systematically and maliciously violates public order during the probation period, or if the conditionally sentenced person absconds from supervision. Systematic violation of public order shall be understood as the commission of such acts three or more times. Systematic conduct is one of the indicators of maliciousness.
In accordance with Part 5 of Article 64 of the Criminal Code of the Republic of Kazakhstan, if a conditionally sentenced person commits a crime through negligence or an intentional crime of minor gravity during the probation period, the question of whether to cancel or maintain the conditional conviction shall be decided by the court when imposing punishment for the new crime. If, during the probation period, a conditionally sentenced person commits an intentional crime of medium gravity, a serious crime or an especially serious crime, the court shall cancel the conditional conviction and impose punishment on the person in accordance with the rules provided for in Article 60 of this Code. Punishment shall be imposed in accordance with the same rules in the cases provided for in Part Four of this Article.
Commentary to the Criminal Code of the Republic of Kazakhstan dated 2007, by I. Sh. Borchashvili, Honoured Figure of Kazakhstan, Doctor of Law, Professor, Academician of the Kazakhstan National Academy of Natural Sciences.
Date of amendment of the act: 02.08.2007Date of adoption of the act: 02.08.2007Place of adoption: NONEBody that adopted the act: 180000000000Territorial scope of application: 100000000000Registration number of the regulatory legal act assigned by the rule-making body: 167Status of the act: newScope of legal relations: 028000000000Form of the act: COMMENTARYLegal force: 1900Language of the act: Russian
Criminal Code, Commentaries to the Criminal Code, Regulatory Resolution of the Supreme Court, Criminal Legislation, Regulatory Legal Acts of the Republic of Kazakhstan
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