Commentary to article 472. The procedure for applying for the execution of a sentence, court order The Criminal Procedure Code of the Republic of Kazakhstan

The verdict and court decision that have entered into legal force are binding on all state bodies, local governments, legal entities, officials, and citizens without exception and are subject to strict enforcement throughout the territory of the Republic of Kazakhstan. Failure to comply with a verdict or court order entails criminal liability.

The appeal to the execution of the verdict and the resolution is entrusted to the court that considered the case in the first instance. The order for the execution of the sentence is sent by the judge, together with a copy of the sentence, to the body that, in accordance with the penal enforcement legislation, is responsible for the execution of the sentence. The court of appeal is charged with reporting the results of the appeal hearing of the case against persons in custody. In the event of a change in the verdict during the consideration of the case on appeal, a copy of the decision of the appellate instance must be attached to the copy of the verdict.

If the verdict indicates the need to raise the issue of depriving the convicted person of the state award of the Republic of Kazakhstan, honorary, military, special or other rank, class rank, diplomatic rank or qualification class awarded by the President of the Republic of Kazakhstan, the court that passed the sentence sends a submission on depriving the convicted person of the state award, the specified ranks, class rank, diplomatic rank or qualification class, as well as a copy of the verdict and a certificate of its entry into force to the President of the Republic of Kazakhstan.

The institution or body executing the punishment shall immediately notify the court that issued the sentence of its execution. The institution or body executing the punishment must notify the court that passed the sentence of the place where the convicted person is serving his sentence. A notification on the execution of the verdict of the appellate instance is sent to the relevant court of first instance.

1. According to the rule of prejudice, a court verdict (resolution) that has entered into legal force is binding on all state bodies, organizations and citizens in relation to both the established circumstances (facts) and their legal assessment (legal relations). Criminal liability has been established for non-execution of a court verdict.

2. The basis for the actual execution of a court verdict (resolution) is a written order on its execution, issued and sent by the judge presiding over the case to the body charged with the duty of enforcing the sentence. The content of the order includes: the name of the body responsible for executing the sentence, the name of the court, the time and place of the verdict, information about the convicted person and an indication of the execution of the sentence. The order is signed by the judge presiding over the case.

A copy of the court's verdict is attached to the order, and if changes are made to the verdict, a copy of the appeal ruling of the higher court is also attached.

3. The list of institutions and bodies executing punishments is established by legislation. Thus, the penalty in the form of a fine or confiscation of property is executed by the court that passed the sentence, as well as by the court at the location of the property and at the place of work of the convicted person. The execution of a punishment in the form of deprivation of the right to hold a certain position or engage in a certain activity is carried out by the penal enforcement inspectorate at the place of residence of the convicted person, a correctional institution or a disciplinary military unit. The requirements of the court verdict on the deprivation of the right to hold certain positions or engage in certain activities are executed by the administration of the organization at the place of work of the convicted person, as well as by bodies authorized in accordance with the legislation of the Republic of Kazakhstan to revoke the license to engage in relevant activities. The court's verdict regarding the deprivation of a state award, honorary, military, special or other title, class rank, diplomatic rank and qualification class is executed by the official who awarded the state award, title, class rank, diplomatic rank, qualification class. Punishment in the form of community service is carried out by the penal enforcement inspectorate at the place of residence of the convicted person. Punishments in the form of restriction of freedom and arrest are carried out by institutions of the penal system. The punishment in the form of correctional labor is carried out by the penal Enforcement Inspectorate. Punishments of military personnel are carried out: detention in a disciplinary military unit – by disciplinary military units specially designed for this purpose; arrest – by the command of the garrisons in the guardhouses for convicted military personnel or in the corresponding departments of the garrison guardhouses; restriction on military service – by the command of military units, institutions, bodies and military formations in which the specified military personnel serve. The punishment in the form of imprisonment is carried out by correctional institutions of the penal system and pre-trial detention facilities in respect of convicts left to perform household maintenance work, as well as in pre–trial detention facilities, an exceptional measure of punishment is carried out - the death penalty. Probationers are under the supervision of the Penal Enforcement Inspectorate. Probation officers are supervised by the command of military units.

The procedure for the execution of specific types of criminal punishment is regulated by law.

3. There is a certain specificity in the execution of additional punishments. Thus, when convicted of committing a grave or especially grave crime, simultaneously with sentencing, the court must discuss in the conference room the issue of submitting 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. The court that has sentenced a convicted person to be deprived of a special, military or honorary title, class rank, diplomatic rank, or qualification class, after the verdict enters into force, sends a submission, a copy of the verdict, and a certificate of its entry into force to the official who awarded the convicted person the title, class rank, diplomatic rank, or qualification class. The official, in accordance with the established procedure, makes an entry in the relevant documents on the deprivation of the convicted person of an honorary, military, special or other rank, class rank, diplomatic rank, qualification class, and also takes measures to deprive him of the rights and benefits provided for persons with the appropriate rank, rank, rank, class. A copy of the court verdict against a reserve serviceman is sent to the military commissariat at the place of his military registration. The official, within one month from the date of receipt of a copy of the verdict, informs the court that issued the verdict about its execution. When the President of the Republic of Kazakhstan decides to deprive a convicted person of an honorary, military, special or other rank, class rank, diplomatic rank, qualification class or state award, the relevant state body shall take the measures indicated above. The seizure of state awards along with their documents is carried out by the penitentiary inspectorate at their location. The deprivation of state awards of the Republic of Kazakhstan entails the return of their documents to the President of the Republic of Kazakhstan.

4. The appeal of the sentence (resolution) for execution by the court that passed the sentence and the practical completion of this process, in all cases, is completed upon receipt by the bodies responsible for the execution of punishments of a copy of the sentence (resolution) of the court and its appendices, as well as sending them to the court immediately a written notice of its enforcement. an indication of the place of serving the sentence to those sentenced to imprisonment (when it is appointed).

Commentary to the Criminal Procedure Code of the Republic of Kazakhstan from the Supreme Court of the Republic of Kazakhstan

Code of Criminal Procedure, Criminal Code, Comments to the Code of Criminal Procedure, Normative resolution of the Supreme Court, Criminal legislation, Normative legal acts of the Republic of Kazakhstan

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