Commentary to article 47. Detention in a disciplinary military unit of the Criminal Code of the Republic of Kazakhstan of the Criminal Code of the Republic of Kazakhstan
1. Detention in a disciplinary military unit is assigned to military personnel undergoing military conscription, as well as to military personnel undergoing military service under contract in the positions of enlisted and non-commissioned personnel, if they have not served the term of service established by law at the time of sentencing by the court. This penalty is imposed for a period of three months to two years in the cases provided for in the relevant articles of the Special Part of this Code for the commission of military crimes, as well as in cases where the court, taking into account the circumstances of the case and the identity of the perpetrator, finds it advisable to apply detention in a disciplinary military unit instead of imprisonment for a period not exceeding two years. the same deadline. Detention in a disciplinary military unit instead of imprisonment may not be applied to persons who have previously served a custodial sentence.
2. In the case of detention in a disciplinary military unit instead of imprisonment, the term of detention in a disciplinary military unit is determined at the rate of one day of imprisonment for one day of detention in a disciplinary military unit.
Detention in a disciplinary military unit is assigned to military personnel undergoing conscription, as well as to military personnel serving under contract in the positions of enlisted and non-commissioned personnel, if they have not served the term of service established by law at the time of the court's decision.
This penalty is imposed for a period of three months to two years in cases stipulated by the relevant articles of the Special Part of the Criminal Code of the Republic of Kazakhstan for committing military crimes, as well as in cases where the court, taking into account the circumstances of the case and the identity of the perpetrator, finds it advisable to apply detention in a disciplinary military unit instead of imprisonment for a period not exceeding two years. the same period (Part 1 of Article 47 of the Criminal Code of the Republic of Kazakhstan).
The assignment of citizens to the number of conscripted military personnel under contract in the positions of enlisted and non-commissioned personnel, as well as the beginning and end of military service are determined by special legislation of the Republic of Kazakhstan.
One of the conditions for the appointment of this type of punishment is the fact of military service, if at the time of sentencing the conscription period has not ended.
When detained in a disciplinary military unit instead of imprisonment, the term of detention in a disciplinary military unit is determined at the rate of one day of imprisonment for one day of detention in a disciplinary military unit (Part 2 of Article 47 of the Criminal Code of the Republic of Kazakhstan).
The procedure and conditions for the execution of punishment in the form of detention in a disciplinary military unit are regulated by Chapter 20 of the Criminal Code of the Republic of Kazakhstan.
Punishment in the form of detention in a disciplinary military unit is carried out by separate disciplinary battalions or separate disciplinary companies. The organizational structure of disciplinary military units and their number are determined by the Ministry of Defense of the Republic of Kazakhstan. Convicted military personnel are required to comply with the requirements of the regime established by Chapter 12 of the Criminal Code of the Republic of Kazakhstan, as well as regulatory legal acts of the Ministry of Defense of the Republic of Kazakhstan (Article 150 of the Criminal Code of the Republic of Kazakhstan).
During the period of serving their sentences in a disciplinary military unit, all convicts, regardless of their military rank and the nature of their previous service, are in the position of soldiers (sailors) and wear uniform uniforms and insignia established for this unit (Part 2 of Article 151 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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