Commentary to article 45. Restriction of freedom The Criminal Code of the Republic of Kazakhstan of the Criminal Code of the Republic of Kazakhstan

     1. Restriction of freedom consists in the imposition of certain duties on a convicted person by a court that restrict his freedom, and is served at his place of residence under the supervision of a specialized body without isolation from society for a period of one to five years. In case of substitution of another punishment (community service or correctional labor) with restriction of freedom, it may be imposed for a period of less than one year.      

The court, imposing a punishment in the form of restriction of freedom, imposes on the convicted person the performance of duties: do not change your permanent place of residence, work or study without notifying a specialized authority, do not visit certain places, do not leave your place of residence during your free time from study and work, and do not travel to other localities without the permission of a specialized authority. The court may impose on a person sentenced to restriction of liberty the performance of other duties that contribute to his correction: to undergo treatment for alcoholism, drug addiction, substance abuse, sexually transmitted diseases, to provide financial support to the family.      

2. In case of malicious evasion from serving a sentence by a person sentenced to restriction of liberty, the court may replace the unserved term of restriction of liberty with punishment in the form of imprisonment for the same term. In this case, the time of serving the restriction of freedom is counted in the term of imprisonment at the rate of one day of imprisonment for one day of restriction of freedom.      

3. Restriction of freedom shall not apply to persons with a criminal record for committing grave and especially grave crimes, to military personnel, as well as to persons who do not have a permanent place of residence.      

4. During the period of serving a sentence of restriction of liberty, the court, on the recommendation of the body overseeing the behavior of the convicted person, may cancel, in whole or in part, the duties previously imposed on the convicted person.       Restriction of freedom is a new type of criminal punishment. The criminal-legal essence of the restriction of freedom is the imposition of certain duties on the convicted person by the court, limiting his freedom. In addition, the restriction of freedom will be served by a person not in specialized institutions, as previously provided, but at the place of residence under the supervision of a specialized body without isolation from society for a period of one to five years (Part 1 of Article 45 of the Criminal Code of the Republic of Kazakhstan).      

This type of punishment can be imposed only as the main one if it is contained in the sanction of the article of the Special Part of the Criminal Code of the Republic of Kazakhstan, according to which the defendant was found guilty.      

Restriction of freedom may be imposed not only in cases where this punishment is provided for as the main (or alternative) punishment in the sanction of the article of the Criminal Code, but also as a substitute for another punishment (community service (art. 42) or correctional labor (art. 43), with a more lenient punishment (art. 55), than is provided for this crime, and if the unserved part of the punishment is replaced by a milder type of punishment (art. 71), it may be imposed for a period of less than one year.      

At the same time, the court, imposing punishment in the form of restriction of freedom, imposes on the convicted person the performance of duties.: do not change your permanent place of residence, work, or study without notifying a specialized authority; do not visit certain places; stay at your place of residence during your free time from study and work; do not travel to other localities without the permission of a specialized authority. The court may also impose additional restrictions on the convicted person, contributing to his correction: to undergo treatment for alcoholism, drug addiction, substance abuse, sexually transmitted diseases, to provide financial support to the family (Part 1 of art. 45 of the Criminal Code of the Republic of Kazakhstan).      

In case of malicious evasion from serving a sentence by a person sentenced to restriction of liberty, the court may replace the unserved term of restriction of liberty with punishment in the form of imprisonment for the same period. At the same time, the time of serving the restriction of freedom is counted in the term of imprisonment at the rate of one day of imprisonment for one day of restriction of freedom (Part 2 of art. 45 of the Criminal Code of the Republic of Kazakhstan).      

Restriction of freedom does not apply to persons with a criminal record for committing a grave or especially grave crime, to military personnel, as well as to persons who do not have a permanent place of residence (Part 3 of Article 45 of the Criminal Code of the Republic of Kazakhstan).      

During the period of serving a sentence in the form of restriction of freedom, the court, on the recommendation of the body overseeing the behavior of the convicted person, may cancel, in whole or in part, the duties previously imposed on the convicted person (Part 4 of Article 45 of the Criminal Code of the Republic of Kazakhstan).      

The Criminal Code provides for the application of punishment to minors - restriction of freedom (paragraph "g-1" of Article 79 of the Criminal Code of the Republic of Kazakhstan).      

Restriction of freedom is imposed on minors for a period of one to two years (paragraphs 5-1 of Article 79 of the Criminal Code of the Republic of Kazakhstan).      

In accordance with Part 1 of Article 43 of the Criminal Code of the Republic of Kazakhstan, persons sentenced to restriction of liberty serve their sentences at their place of residence under the supervision of criminal correctional inspections.      

46 of the Criminal Code of the Republic of Kazakhstan stipulates that convicts serving sentences of restriction of liberty are allowed to study at higher and secondary specialized educational institutions located within the region at the place of serving their sentences. With the consent of the administration of the penal enforcement inspectorate, a convicted person may study at higher and secondary specialized educational institutions located in another locality.      

In accordance with Part 1 of Article 52 of the Criminal Code of the Republic of Kazakhstan, malicious evasion from serving a sentence in the form of restriction of freedom is: unauthorized, without valid reasons, from vacation or a place of rest on weekends or holidays, as well as unauthorized abandonment of a place of work or place of residence, repeated use of alcoholic beverages and non-medical use of narcotic substances, refusal to compliance with the legal requirements of the staff of the penal enforcement inspectorate.      

A violation of the order and conditions of serving a sentence is the commission of at least three violations of labor discipline, public order, or the rules of residence established for the convicted person, for which he was punished, provided that each subsequent violation was committed after the imposition of penalties for the previous one (Part 2 of Article 52 of the Criminal Code of the Republic of Kazakhstan).

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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