Commentary to article 39. Types of punishments The Criminal Code of the Republic of Kazakhstan of the Criminal Code of the Republic of Kazakhstan
1. The following basic penalties may be applied to persons found guilty of committing a crime: a) a fine;
b) deprivation of the right to hold a certain position or engage in a certain activity; c) involvement in community service;
d) correctional work;
e) restriction on military service;
f) restriction of freedom;
g) arrest;
h) detention in a disciplinary military unit;
i) deprivation of liberty;
k) the death penalty.
2. In addition to the basic punishments, the following additional punishments may be applied to convicted persons:
a) deprivation of a special, military or honorary title, class rank, diplomatic rank, qualification class and state awards;
b) confiscation of property.
3. A fine and deprivation of the right to hold a certain position or engage in a certain activity, and community service may be applied as both basic and additional types of punishments.
This list of types of punishments is exhaustive and is not subject to extensive interpretation. The legislator has built a list of types of punishment based on the transition from the milder to the most severe punishment. It is this approach of the legislator that orients the courts to choose a fair punishment.
The types of punishment specified in this article should be applied in such a way as to allow the court, on the basis of the law, taking into account the experience of judicial practice, public awareness of justice and scientific recommendations, to rationally and as effectively as possible use various measures of influence on the convicted person in strict subordination to each other. The resolution of the Plenum of the Supreme Court of the Republic of Kazakhstan "On the observance by courts of legality in the imposition of criminal punishment dated April 30, 1999 states that the correct combination of basic and additional punishment contributes to the consistent implementation of the principle of its individualization, more successful achievement of the purpose of punishment, and therefore the courts in each case, when passing sentence, should discuss the need to apply additional penalties, especially for persons found guilty of serious, especially serious, as well as corruption crimes.
The main punishments are applied independently and cannot be combined with other punishments.
Unlike the main ones, additional punishments are not imposed independently, but only in combination with the main ones. Additional punishments are imposed within the limits established by the article of the law according to which the defendant is found guilty. If the additional punishment is changed on the basis of Articles 41 or 50 of the Criminal Code, its term may not exceed the limits established by law for this type of punishment.
When the sanction of a criminal law provides for the possibility of applying or not applying additional punishment, the courts are required to discuss the issue of its appointment and indicate in the reasoning part of the verdict the reasons for the decision. The non-application of additional punishment in such cases does not require an indication of this in the operative part of the sentence. When convicting a guilty person under articles of the criminal law, according to which additional punishment is mandatory, the court may not apply it only if the conditions provided for in article 55 of the Criminal Code are met, with mandatory indication in the verdict of the reasons for the decision and with reference to article 55 of the Criminal Code in the operative part of the sentence.
Deprivation of a special, military or honorary title, class rank, diplomatic rank, qualification class and state awards may also be imposed as an additional punishment in cases where it is not provided for as punishment by the article of the Special Part of the Criminal Code, according to which the crime is qualified. In this case, the decision to impose additional punishment in the operative part of the sentence must contain a reference to article 41 or article 50 of the Criminal Code, respectively. When convicted of committing a grave or especially grave crime, at the same time as sentencing, the court must discuss the issue of submitting, on the basis of part 2 of Article 50 of the Criminal Code, a submission to the President of the Republic of Kazakhstan on depriving the convicted person of state awards or special, military or honorary titles awarded by the President of the Republic of Kazakhstan, class rank, diplomatic rank, qualification class.
Confiscation of property as an additional punishment may be imposed only if it is sanctioned by the article of the Criminal Code under which the defendant was found guilty. The court has the right to impose other types of additional punishments when they are not specified in the sanction of the article or are basic, but are not assigned to the defendant in this capacity.
A fine, deprivation of the right to hold a certain position or engage in a certain activity, and involvement in community service by a court may be applied as both basic and additional types of punishments.
Commentary from 2007 to the Criminal Code of the Republic of Kazakhstan from the Honored Worker of Kazakhstan, Doctor of Law, Professor, Academician of the Kazakhstan National Academy of Natural Sciences BORCHASHVILI I.Sh.
Date of amendment of the act: 08/02/2007 Date of adoption of the act: 08/02/2007 Place of acceptance: NO Authority that adopted the act: 180000000000 Region of operation: 100000000000 NPA registration number assigned by the regulatory body: 167 Status of the act: new Sphere of legal relations: 028000000000 Report form: COMM Legal force: 1900 Language of the Act: rus
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