Commentary to article 42. Involvement in public works of the Criminal Code of the Republic of Kazakhstan of the Criminal Code of the Republic of Kazakhstan

     1. Community service consists in the performance by a convicted person, in his free time from his main job or study, of free socially useful work, the type of which is determined by local executive bodies or local self-government bodies.      

2. Community service is established for a period of sixty to two hundred and forty hours and is served no more than four hours a day. In case of malicious evasion from public works, they shall be replaced by restriction of liberty, arrest or imprisonment within the time limits provided for in Articles 45, 46 and 48 of this Code, respectively. At the same time, the time during which the convicted person served community service is taken into account at the rate of one day of restriction of freedom, arrest or imprisonment for four hours of community service.      

3. Community service may not be assigned to military personnel, women over the age of fifty-five and men over sixty, pregnant women, women with children under the age of three, or persons with disabilities of the first or second group.      

Involvement in community service, according to Part 1 of Article 42 of the Criminal Code of the Republic of Kazakhstan, consists in performing free socially useful work by a convicted person in his free time from his main job or study, the type of which (objects of work and their nature) are determined by local executive bodies or local self-government bodies in coordination with the penal enforcement inspectorate, which controls the execution of punishment.      

Community service is established for a period of sixty to two hundred and forty hours and is served no more than four hours a day. In case of malicious evasion of the convicted person from serving community service, they are replaced by restriction of liberty or arrest or imprisonment within the time limits provided for in Articles 45 and 46 and 48 of the Criminal Code of the Republic of Kazakhstan. At the same time, the time during which the convicted person served community service is taken into account at the rate of one day of restriction of freedom or arrest or imprisonment for four hours of community service (Part 2 of Article 42 of the Criminal Code of the Republic of Kazakhstan).      

In accordance with Part 3 of Article 42 of the Criminal Code of the Republic of Kazakhstan, community service may not be assigned to military personnel, women over fifty-five years old and men over sixty years old, pregnant women, women with children under three years old, and people with disabilities of the first and second groups.      

If circumstances preventing the serving of the sentence arose during the execution of the sentence, for example, the convict's disability was established, the woman's pregnancy or the convict reached an age at which community service could not be applied, upon the recommendation of the penal enforcement inspectorate or upon the application of the convicts themselves, this punishment may be commuted to a more lenient one, or the person may be released from serving it. or a postponement of serving the sentence may be submitted on the basis of art. 72 of the Criminal Code of the Republic of Kazakhstan.      

79 of the Criminal Code of the Republic of Kazakhstan, community service is included in the list of types of punishments imposed on minors. Community service assigned to a minor who has committed a crime consists in performing free socially useful work that is feasible for a minor in his free time from study or main work. Community service is assigned to them in the range from forty to sixty hours. Serving a sentence is determined depending on the age of the convicted person: for persons under the age of sixteen, it may not exceed two hours per day: for persons over the age of sixteen to eighteen, 3 hours per day (Part 4 of Article 79 of the Criminal Code of the Republic of Kazakhstan).      

The execution of punishment in the form of community service is carried out by the penal enforcement inspectorate at the place of residence of the convicted person, at facilities designated by local executive bodies of local self-government in coordination with the penal enforcement Inspectorate (Part 1 of Article 30 of the Criminal Code of the Republic of Kazakhstan).      

The conditions for the execution of punishment in the form of community service are established by art. 31 of the Criminal Code of the Republic of Kazakhstan. Thus, the convicted person is obliged to comply with the established procedure and conditions for serving his sentence, to treat work in good faith, to work at facilities designated for him and to fully fulfill the term of punishment established by the court, and to notify the penal enforcement inspectorate of a change of residence.      

The execution of this punishment is determined by summing up the hours during which the person performed community service (Part 1 of Article 32 of the Criminal Code of the Republic of Kazakhstan). It is noteworthy that community service continues to be performed by a person even after he receives a work leave at his main place of work or the beginning of a vacation at his place of study (Part 2 of Article 31 of the Criminal Code of the Republic of Kazakhstan). The law does not regulate the issue of the possibility of extending the duration of community service for one day during the vacation or holidays. In our opinion, a positive solution to this issue is possible. The legislator limits the duration of community service for one day to four hours due to the fact that the convict must have sufficient time to rest and sleep after a day's work at his main place of work, after studying and performing community service. Based on this, we believe that when the defendant does not work or study at all, or is on vacation or on vacation, the duration of community service for one day may, at his request or consent, be increased within the normal working hours established by labor legislation.      

When determining the malice of evading community service, in accordance with Article 34 of the Criminal Code of the Republic of Kazakhstan, the convicted person is recognized.

a) who has failed to perform community service more than twice within a month without a valid reason;

b) who violated labor discipline more than twice within a month;

c) who has absconded in order to evade serving his sentence, which serves as a basis for replacing this punishment with another punishment.

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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