Commentary to article 476. Issues to be considered by the court during the execution of the sentence of the Criminal Procedure Code of the Republic of Kazakhstan

The court is responsible for considering the following issues related to the execution of the sentence:

1) on substitution in case of malicious evasion of punishment in the form of:

a fine imposed for committing a criminal offense is community service or arrest (article 41 of the Criminal Code of the Republic of Kazakhstan);

a fine imposed for committing a crime is imprisonment (article 41 of the Criminal Code of the Republic of Kazakhstan);

community service – by arrest (article 43 of the Criminal Code of the Republic of Kazakhstan);

restrictions on freedom – by deprivation of liberty (article 44 of the Criminal Code of the Republic of Kazakhstan);

2) on the replacement, in the event of circumstances preventing the performance of correctional labor, of those appointed for the commission of a criminal offense by community service or arrest, and for the commission of a crime by imprisonment (Article 42 of the Criminal Code of the Republic of Kazakhstan);

3) on the announcement, termination of the search and the election of a preventive measure against persons sentenced to punishment unrelated to isolation from society, hiding from control and evading punishment;

4) on changing the type of institution of the penal enforcement system, appointed by the verdict of a person sentenced to imprisonment in accordance with the penal enforcement legislation;

5) on conditional early release from serving a sentence (Article 72 of the Criminal Code of the Republic of Kazakhstan), replacement of the unserved part of the sentence with a milder type of punishment or reduction of the term of the imposed punishment (Article 73 of the Criminal Code of the Republic of Kazakhstan);

6) on the cancellation of conditional early release from serving a sentence (part seven of Article 72 of the Criminal Code of the Republic of Kazakhstan);

7) on release from punishment due to illness with or without the use of compulsory medical measures (Article 75 of the Criminal Code of the Republic of Kazakhstan), as well as on the cancellation of decisions on release from punishment for further execution of punishments, including in connection with recovery;

8) on the cancellation of a suspended sentence or the extension of probation control (Article 64 of the Criminal Code of the Republic of Kazakhstan);

9) on the cancellation, in whole or in part, of the duties previously established for a person sentenced to restriction of freedom (Article 44 of the Criminal Code of the Republic of Kazakhstan);

10) on the cancellation of the deferred execution of punishment (Article 74 of the Criminal Code of the Republic of Kazakhstan);

11) on release from serving a sentence due to the expiration of the statute of limitations of a court verdict (Article 77 of the Criminal Code of the Republic of Kazakhstan);

12) on the execution of a sentence in the presence of other unfulfilled sentences, unless this is resolved in the latest verdict (Article 60 of the Criminal Code of the Republic of Kazakhstan);

13) on the calculation of time in custody, as well as stay in a medical institution (articles 62, 97, 98 of the Criminal Code of the Republic of Kazakhstan);

14) on the extension, modification or termination of the use of compulsory medical measures (Articles 96, 98 of the Criminal Code of the Republic of Kazakhstan);

15) on release from punishment or commutation of punishment, modification of the qualification of an act committed by a convicted person, reduction of the term of punishment, recidivism of crimes as a result of the issuance of a criminal law that is retroactive or cancels criminal liability for the committed act, recognition by the Constitutional Council of the Republic of Kazakhstan of unconstitutional law or other normative legal act applied by the court at sentencing, as well as the act on amnesty (Article 6 of the Criminal Code of the Republic of Kazakhstan);

16) on reducing the amount of deductions from the salary of a convicted person to correctional labor in accordance with penal enforcement legislation, as well as the payment in installments and deferral of fines and other penalties from the convicted person by court verdict;

17) to clarify any doubts and ambiguities that arise during the execution of the sentence;

18) on the termination of proceedings in connection with the death of a convicted person;

19) on the consideration of complaints by convicted persons against the actions and decisions of the institution of the penal enforcement system, the prosecutor on issues related to the execution of the sentence;

20) about the removal of a criminal record.

1. The functions of the court do not end with the beginning of the execution process. In order to maintain the stability of court decisions, a high level of legality in the course of the execution of sentences, the effectiveness of state bodies in the field of the execution of sentences, ensuring and protecting the rights of convicts, lawful and reasonable procedural activities of courts in the execution of sentences are essential. The commented article indicates the range of issues that the court is authorized to resolve during the execution of the sentence. In most cases, these issues are related to the correct application of the norms of the criminal law during the execution of the sentence.

2. Depending on the behavior and attitude to work of persons sentenced to imprisonment, the type of correctional institution may be changed. Positively characterized convicts can be transferred for further serving of their sentence: from prison to a correctional colony – after the convicts have served at least half of the sentence imposed by the court in prison.; from correctional colonies of general and strict regimes to a colony settlement - after convicts in reduced conditions of detention have served at least one quarter of the sentence for crimes of small and medium gravity, at least one third of the sentence for serious crimes, and convicted of particularly serious crimes or previously released on parole from prison. serving a term of imprisonment and those who have committed new crimes during the remaining unserved part of the sentence – at least two thirds of the term of punishment. The following persons are not subject to transfer to a penal colony: those convicted of a particularly dangerous recidivism of crimes; those sentenced to life imprisonment, as well as convicts to whom life imprisonment has been commuted by way of pardon to imprisonment for a certain period; convicts to whom the death penalty has been commuted by way of pardon to imprisonment; convicts who have not undergone compulsory treatment, as well as those requiring special treatment in closed-type medical institutions; convicted persons who have not given written consent to transfer to a penal colony. Convicted persons who are malicious violators of the established procedure for serving their sentences may be transferred: from a penal colony to a correctional colony, the type of which was previously determined by the court; from the penal colony to which they were sent by court verdict to a correctional colony of general regime; from correctional colonies of general and strict regimes to prison for a term of no more than three years with the remaining sentence served in a correctional colony of the type of regime from where they were sent to prison. The type of correctional institution is changed by the court on the basis of a submission from the head of the correctional institution. When deciding on the transfer of positively characterized convicts for further serving their sentences from one type of correctional institution to another, providing for a milder type of detention regime, one should proceed from the total term of punishment imposed by the court verdict, and not from the length of stay of the convicted person in a correctional colony with a milder type of regime. The court has no right to refuse transfer to a correctional institution with a milder type of regime for reasons not provided for by law, such as: the leniency of the sentence imposed, the short duration of the convict's stay in this correctional institution, the denial of guilt to the convicted person, the presence of a criminal record in the past, serving a sentence for committing a serious or especially serious crime, etc.

3. When the convicted person has served a part of the sentence prescribed by law, the body executing the punishment is obliged to notify the convicted person in writing within five days of the right to file a petition to the court for consideration of the issue of conditional early release from serving the sentence or replacement of the unserved part of the sentence with a milder type of punishment.

In respect of a convicted person who is presented for pardon by an institution or body executing a sentence, a corresponding petition is submitted in accordance with the procedure determined by the legislation of the Republic of Kazakhstan.

The convicted person's application for parole from serving his sentence, for the replacement of the unserved part of the sentence with a more lenient type of punishment and for pardon by the body executing the punishment, shall be accompanied by data characterizing his personality, behavior, attitude to work and education during serving the sentence.

4. In accordance with Article 13 of the Constitution, which establishes the right of everyone to judicial protection of their rights and freedoms, the decision of the administration of institutions and bodies executing punishment to refuse to submit to parole from serving a sentence or to replace the unserved part of the sentence with a more lenient type of punishment may be appealed by the convicted person, his defender to the court. at the place of serving the sentence. About sending a petition to the court for parole from further serving of the sentence, etc. the administration of the institution or body executing the punishment shall notify the victim or his representative. Questions about conditional early release from punishment or the replacement of the unserved part of the sentence with a more lenient punishment are resolved by the judge of the district and equivalent court at the place where the convicted person is serving his sentence. The participation in the court session of representatives of the institutions and bodies that submitted the submission, as well as the convicted person and the prosecutor is mandatory. The convicted person has the right to get acquainted with the materials submitted to the court, participate in their consideration, file petitions and challenges, give explanations, and present evidence. Participation in a court hearing by a defender is mandatory in cases where a representation is being considered in relation to minors, persons who do not speak the language in which the proceedings are conducted, as well as persons who, due to physical or mental disabilities, cannot independently exercise their rights. When considering the issue of parole, the opinion of the victim or his representative is taken into account. The court's decision is made in the form of a ruling, which must be motivated and contain detailed justification for the conclusions reached by the court as a result of consideration of the submission. The minutes of the court session should reflect the course of the court session, indicate all the actions of the court and the participants in the process, set out in detail the explanations of the persons regarding the petition, the opinions of the prosecutor and the defender, the victim or his representative. Any simplification of the criminal process is unacceptable when considering issues of parole and the replacement of the unserved part of the sentence with a more lenient punishment, the use of pre-prepared forms outlining the text of rulings, and the consideration of a large number of materials in one court session. Based on the results of consideration of the petition of the body responsible for the execution of the sentence or ensuring the correction of the minor, the judge may decide to grant the petition or to refuse to grant it. When considering an application for early release from punishment, the court has no right to replace the unserved term of imprisonment with a suspended sentence, reduce the unserved term of punishment, but can only release the convicted person on parole or replace the unserved part of the sentence with another, milder punishment, subject to the conditions provided by law, or refuse to do so.

5. Conditional early release may be applied to those serving sentences for crimes of minor or moderate severity after serving at least 1/3 of the prescribed term of punishment, for a serious crime - at least half and for a particularly serious crime – at least 2/3 of the prescribed term of punishment. At the same time, it should be borne in mind that the term of imprisonment actually served by the convicted person cannot be less than six months. This condition does not apply to other types of punishment, therefore, the issue of parole from serving other types of punishment other than imprisonment may be raised before the expiration of the six-month term. Persons who have committed a crime under the age of a minor may be released on parole from serving two types of punishment: imprisonment and correctional labor after actually serving at least 1/4 of the sentence for a minor or moderate crime, at least 1/3 of the sentence for a serious crime and at least half of the sentence for a particularly serious crime, not less than involving an attempt on human life; at least two thirds of the term of punishment imposed for a particularly serious crime involving an attempt on human life.

6. The unserved part of the imposed term of imprisonment for crimes of minor, moderate gravity and serious crimes, taking into account the behavior of the convicted person, may be replaced by any milder type of punishment: arrest, restriction of liberty, correctional labor, community service, and in respect of convicted military personnel – detention in a disciplinary military unit or restriction on military service.. In this case, a person may be fully or partially released from serving an additional sentence. The unserved part of the custodial sentence may be replaced by a milder type of punishment after the convict has actually served at least 1/3 of the sentence for committing crimes of minor and moderate severity, half of the sentence for serious crimes, or previously released on parole from serving a custodial sentence and committed new crimes during the remaining unserved part of the sentence. Serving a more lenient type of punishment is assigned for a period equal to the remaining unserved part of the sentence imposed by the court. However, this period may not exceed the upper limit established by law for the appropriate type of more lenient punishment. Persons to whom the deprivation of liberty imposed by a court verdict has been commuted to a more lenient type of punishment may subsequently be released on parole from serving a new, more lenient type of punishment on the basis and in accordance with the procedure established by law. Unlike conditional early release, the replacement of the unserved part of the imprisonment with a more lenient type of punishment cannot be canceled due to improper behavior of the convicted person. If the convicted person commits a new crime while serving a more lenient type of punishment, only the unserved part of the new punishment is fully or partially added to the punishment imposed for him, and not the part of the imprisonment that remained unserved. In cases where the sentence of a convicted person has been commuted by an act of amnesty or pardon or a court order, the court, when applying conditional early release from punishment, must calculate the actual part of the sentence served based on the punishment established by the act of amnesty or pardon or court order. In case of parole, the courts should not set any probation period, since such a period is the unserved part of the sentence. In this regard, in the operative part of the resolution on parole, it is necessary to indicate the specific calendar term of punishment from which the convicted person is released on parole, and it is mandatory to indicate the conditional early release of the convicted person, etc.

7. The judge's decision, issued as a result of consideration of an application for parole, to replace the unserved part of the sentence with a more lenient type of punishment, must be sent to the court that issued the sentence for adjudication; to the internal affairs body at the place of residence of the person to monitor his behavior, and in relation to a minor, also in the Commission for juvenile affairs at his permanent place of residence; the victim or his representative must be handed over to the person on parole and to the person to whom the unserved part of the punishment has been replaced by a more lenient type of punishment. Persons released on parole should be informed of the consequences provided for by law if they commit a new crime during the unserved part of their sentence, an administrative offense for which administrative penalties may be imposed on them, or malicious evasion of duties imposed by the court when applying conditional release.; In addition, it is necessary to explain to the convicted the right to appeal the decision on appeal, which should be indicated in the minutes of the court session.

8. A judge's decision issued following the results of consideration of an application for parole and for the replacement of the unserved part of the sentence with a more lenient punishment may be appealed to a higher court by the convicted person, his defender, the victim or his representative and protested by the prosecutor.

9. The grounds for the release of a person from further punishment due to illness are: the onset of a mental disorder in a person during the period of serving a sentence, depriving him of the opportunity to realize the actual nature and social danger of his actions (inaction) or to direct them, as a result of which it becomes impossible to continue the execution of punishment; the presence of another serious illness that prevents him from serving punishments. A person is subject to release from serving a sentence due to the onset of a mental disorder, regardless of the severity of the crime committed, the duration of the sentence imposed, the amount of the unserved part of the punishment, the degree of correction of the convicted person and other circumstances. The release of such a person from punishment is mandatory and the court should not enter into the discussion of these issues. A person who has been released from serving a sentence due to a mental disorder may simultaneously be subject to compulsory medical measures. At the same time, compulsory medical measures are prescribed only in cases where painful mental disorders are associated with the danger of these persons causing other significant harm or with danger to themselves or others. The type of compulsory measures is chosen by the court on the basis of the opinion of psychiatrists, taking into account the nature and depth of the mental disorder, the degree of public danger of a person who has a mental disorder while serving his sentence, the possibility of causing him other significant harm, and the need for treatment. A person suffering from another disease may be released from serving his sentence only if the disease identified by the medical commission is included in the List of Diseases approved by the Ministry of Justice and the Ministry of Health of the Republic of Kazakhstan. The presence of a serious illness in the convict and the impossibility of further serving the sentence in this regard is established by the conclusion of a special medical commission, which is issued after thorough medical examinations of the patient, indicating the failure of the treatment. Military personnel serving sentences in the form of arrest or detention in a disciplinary military unit are exempt from further serving their sentences in case of illness that makes them unfit for military service. The impossibility of executing a sentence must be determined by the nature of the disease, which is so serious that the convicted person is considered completely unfit for military service. The release from further punishment of a person who has contracted another serious illness is not an obligation, but a right of the court. The court has the right to release a person from serving a sentence or to replace an unserved sentence with a milder type of punishment or to refuse to do so. Such a replacement is possible if the nature of the disease does not prevent the convicted person from serving a more lenient type of punishment and the court finds it impossible to completely release the convicted person (including the serviceman) from further serving the sentence. In this case, it is necessary to take into account the severity of the crime committed, the length of the sentence served, the state of health of the convicted person, the data characterizing his personality, the degree of his correction and the extent to which the disease prevents him from serving the sentence. The replacement of an unserved sentence with a suspended sentence or its reduction is not allowed. The issue of releasing a person from further serving a sentence due to illness is considered by the court on the recommendation of the head of the body or institution executing the sentence, or at the request of the convicted person. The submission of the administration of the institution or body executing the punishment must contain information about the convicted person, the nature of the disease he suffers from, and in relation to a person suffering from another serious illness, information about the severity of the crime he committed, his personality, and behavior during the period of serving the sentence. The relevant documents must be attached to the administration's submission (petition of the convicted person) for the release of the person from further serving the sentence, on the basis of which the court must make a decision: a medical report, an extract from a copy of the sentence, an extract from the List of diseases, as well as documents indicating the actual time served, the behavior of the convicted person while serving the sentence, and other characterizing data. Simultaneously with the submission of the administration (petition of the convicted person), the personal file of the convicted person is sent to the court, the materials of which are subject to examination at the court session. Recognition of a person serving a sentence of community service, correctional labor, or restriction of liberty as a group 1 or 2 disabled person is the basis for submitting to the court a submission on early release of the person from further serving the sentence or commutation to a more lenient type of punishment. The court's refusal to release a person from further serving his sentence due to illness is not an obstacle to the consideration of this issue upon the repeated submission of the administration or the petition of the convicted person. The court should carefully check the validity of the medical opinion and the results of inpatient treatment in order to exclude the release from punishment of a person who is not subject to release from further punishment. The medical report should reflect the mental state of the person while serving a criminal sentence under a court verdict, as well as the nature and depth of the mental disorder, information about whether the person poses a danger to himself and others, whether he is capable of causing other significant harm, and whether he needs to be subjected to forced labor. medical measures and what kind; whether a person can exercise their rights, taking into account the nature and severity of the disease. In relation to a person suffering from another serious illness, the medical report should indicate the nature of the disease, the treatment performed, the evidence that inpatient treatment has not yielded positive results, that the disease has irreversible consequences, is progressing, as a result of which it prevents further serving of the sentence, and in relation to the serviceman it should be indicated that in connection with He was declared unfit for military service due to the disease. In case of doubts about the validity of a medical opinion, the court has the right to appoint an appropriate expert examination. The issue of releasing a person from further punishment due to illness is resolved by the court at the place where the convicted person is serving his sentence. If it appears from the presentation of the administration and the medical opinion that compulsory medical measures should be applied to a person who has a mental disorder while serving his sentence, then the issue of releasing him from serving his sentence due to illness is considered simultaneously with the issue of applying compulsory medical measures by a regional or equivalent court consisting of three judges. The court session must be attended by a representative of the authorities and organizations that submitted the submission, a representative of the medical commission that issued the conclusion, and a defense attorney. If the convicted person participates in the court session, the court should ensure that he can exercise his rights provided for by law. A protocol is kept at the court session, which should reflect all the actions of the court and the participants in the process, the explanations of the convicted person, whose participation is possible for health reasons, the representative of the medical commission that gave the conclusion, the representative of the body that sent the presentation, the opinions of the defender and the prosecutor. The decision on the issue of releasing a person from serving a sentence due to illness must be motivated and contain detailed justification for the court's conclusions, which it came to as a result of consideration of the administration's submission or the convicted person's petition. The decision on release from further serving of the sentence should provide evidence that the person suffers from a mental disorder or other serious illness that occurred during the period of serving the sentence and prevents its further serving, and when replacing the unserved part of the sentence with a milder type of punishment, the reasons why the court considered it inappropriate to completely release the convicted person from further serving should be given. punishments. A copy of the decision based on the results of consideration of the administration's submission or the convicted person's petition must be sent for inclusion in the case to the court that issued the sentence, to the authorities responsible for the execution of the sentence, and in relation to the minor, also to the commission for juvenile affairs at his permanent place of residence. Control over the behavior of a person released from further punishment due to a mental disorder or other serious illness is carried out by the bodies responsible for the execution of punishment. In the case of recovery of a person suffering from a mental disorder or other serious illness, after the circumstances preventing the serving of the sentence have disappeared, the execution of the sentence against him may be resumed if the statute of limitations for the execution of the conviction has not expired. The fact of a person's recovery or cure is established by the conclusion of the relevant commission of doctors, which is subject to thorough verification by the court. The time during which compulsory medical measures were applied to a person is counted in the term of punishment at the rate of one day of stay in a psychiatric hospital for one day of imprisonment. The resumption of the execution of punishment is carried out by a court order on the recommendation of the bodies responsible for the execution of punishment. In the case of a new crime committed by a person who has been released from further punishment due to illness, he is subject to mandatory examination by a commission of doctors in order to determine whether he has recovered. 

10. Among the issues that arise in the process of executing sentences is the cancellation of a suspended sentence for a convicted person or the extension of his probation period. If, before the end of the probation period, the probationer has proved his correction by his behavior, the court, on the recommendation of the body exercising control over the behavior of the probationer, may decide to cancel the suspended sentence and to remove the criminal record from the convicted person. In this case, a suspended sentence may be revoked after at least half of the prescribed probation period. If a probationer has committed a violation of public order, for which an administrative penalty has been imposed on him, the court, on the recommendation of the above-mentioned body, may extend the probation period, but not more than one year. In the event of a systematic and malicious violation of public order by a probationer during the probation period, or if the probationer has escaped from control, the court, on the recommendation of the same body, decides to cancel the suspended sentence and execute the sentence imposed by the court verdict. If a probationer commits a crime due to negligence or an intentional minor offense during the probation period, the issue of revoking or maintaining the suspended sentence is decided by the court when sentencing for a new crime. If a probationer commits an intentional crime of moderate gravity, grave or especially grave crime during the probation period, the court cancels the suspended sentence. 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 established for the convicted person: not to change his permanent place of residence, work and study without notifying a specialized body, not to visit certain places, not to leave his place of residence during his free time from study and work, do not travel to other areas 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.

11. Release from serving a sentence due to the expiration of the statute of limitations of a conviction is also included in the range of issues related to the stage of execution of the sentence. A person convicted of a crime is released from serving his sentence if the guilty verdict has not been carried out within the following time limits, counting from the date of its entry into force.: a) three years when convicted of a minor crime; b) six years when convicted of a moderate crime; c) ten years when convicted of a serious crime; d) fifteen years when convicted of a particularly serious crime. The limitation period is suspended if the convicted person evades serving the sentence. In this case, the limitation period is resumed from the moment the person is detained or turns himself in. The limitation periods expired at the time of the convicted person's evasion from serving his sentence are subject to offset. At the same time, a guilty verdict cannot be carried out if twenty-five years have passed since its pronouncement and the statute of limitations has not been interrupted by the commission of a new crime. The issue of applying the statute of limitations to a person sentenced to death or life imprisonment is decided by the court. If the court does not find it possible to apply the statute of limitations, the death penalty is commuted to life imprisonment, and life imprisonment is commuted to imprisonment for a term of twenty-five years. The statute of limitations does not apply to persons convicted of crimes against the peace and security of mankind.

12. If the convicted person commits a new crime during the period of postponement of the execution of the sentence under the previous sentence, the court must add to the punishment imposed for the new crime the fully or partially unserved punishment under the previous sentence. At the same time, it is not necessary to make a decision on the cancellation of the postponement of the execution of the sentence for the first sentence. When a new crime is committed after the expiration of the suspended sentence and the entry into force of a court order to send the convicted person to an appropriate institution for serving his sentence, the court, having determined the punishment for the new crime, is obliged to apply the rules for sentencing based on the totality of sentences. If, by the time the verdict is passed in a new case, the issue of releasing the convicted person from serving his sentence or sending him to serve his sentence in an appropriate institution by the court, as required by law, has not been resolved, the court appoints punishment only for the new crime.

13. The time spent in custody before the sentence enters into legal force shall be counted towards the term of punishment in the form of imprisonment, arrest, and detention in a disciplinary military unit at the rate of one day per day, in the form of restriction of liberty – one day per two days, correctional labor and restrictions on military service – one day per three days., and for the term of punishment in the form of community service – at the rate of one day of detention for four hours of community service. The time spent under house arrest before the sentence enters into force is counted in the term of imprisonment, arrest at the rate of two days per day, in the form of restriction of liberty – one day per day, correctional labor and restrictions on military service – one day per two days, and in the term of punishment in the form of community service at the rate of one day of house arrest for two hours of community service. The time of a person's detention before the court verdict comes into force and the time of serving the imprisonment imposed by the court verdict for a crime committed outside the Republic of Kazakhstan, in the case of extradition of a person, are calculated at the rate of one day per day. When a convicted person who is being held in custody pending trial is sentenced to a fine, deprivation of the right to hold certain positions or engage in certain activities, the court, taking into account the period of detention, mitigates the imposed punishment or completely releases him from serving this punishment. The time during which compulsory medical measures were applied to a person who became ill with a mental illness after committing a crime is counted towards the term of punishment. In the case of recovery of a person who has a mental disorder after committing a crime, when imposing punishment or resuming its execution, the time during which compulsory treatment was applied to the person in a psychiatric hospital is counted towards the term of punishment at the rate of one day of stay in a psychiatric hospital for one day of imprisonment. In case of a change in the mental state of a convicted person requiring inpatient treatment, the convicted person is placed in a psychiatric hospital or other medical institution in accordance with the procedure and on the grounds provided for by the legislation of the Republic of Kazakhstan on healthcare. The time spent in these institutions is counted towards the term of serving the sentence.

14. The procedure for extending, changing or terminating the use of compulsory medical measures, including those related to the execution of punishment, is regulated by law. The execution of a court order that applies a compulsory medical measure is entrusted to the health authorities in charge of psychiatric hospitals and to the internal affairs bodies. The enforcement of compulsory medical measures against persons suffering from alcoholism, drug addiction, substance abuse or mental disorders, to whom compulsory treatment is prescribed along with criminal punishment, is determined by the PEC. The health authorities responsible for the application of compulsory medical measures and the provision of psychiatric care are required to examine the patient after 6 months from the date of application of the compulsory medical measure, and then regularly every 6 months, and on the basis of the applied methods of treatment and medical supervision, submit to the court a reasoned opinion on the need to change, extend or terminate the application. compulsory medical measures. It is illegal for a person to stay in a psychiatric hospital without regularly extending the use of compulsory medical measures by a court.

15. A law that eliminates the criminality or punishability of an act, mitigates responsibility or punishment, or otherwise improves the situation of a person who committed a crime is retroactive, that is, it applies to persons who committed the relevant act before the entry into force of such a law, including persons serving a sentence or who have served a sentence but have a criminal record. If the criminal law mitigates the criminality of an act for which a person is serving a sentence, then the imposed punishment is subject to reduction within the limits of the sanction of the newly issued criminal law. The courts have the right to apply the amnesty act to those convicts whose sentences have entered into force but have not been enforced (they have not been sent to the relevant authorities for enforcement). In addition, the issue of the possibility of applying or not applying conditional early release from punishment and replacing the unserved part of the sentence with a more lenient one should be resolved in accordance with the law in force at the time of the application of conditional early release, if this does not worsen the situation of the convicted person. If the law is changed for the worse, the law in force at the time of the conviction is applied.

16. The procedure for making deductions from the wages of those sentenced to correctional labor is regulated by law. The Penal Enforcement Inspectorate, the convict himself or the administration of the organization where he works, have the right to file a petition with the court for a reduction in the amount of deductions from his salary in the event of a deterioration in his financial situation. The decision to reduce the amount of deductions is made taking into account all the income of the convicted person. Deductions are made from all types of wages at the main place of work, regardless of whether there are claims against the convicted person according to enforcement documents, for each month worked when paying wages. When making deductions from the wages of convicts, its monetary and in-kind part is taken into account. The money withheld is transferred to the state revenue on a monthly basis. Deductions are not made from benefits received under social insurance and social security, from lump-sum payments. Temporary disability benefits for those sentenced to correctional labor are calculated from wages, minus deductions imposed by a court verdict. In case of cancellation or amendment of the court verdict with the termination of the case, the amounts excessively deducted from the convicted person's salary are returned to him in full.

17. If by the time of the appeal for execution or during the execution of the sentence the death of the defendant has occurred, the court shall terminate the case.

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

 Constitution Law Code Standard Decree Order Decision Resolution Lawyer Almaty Lawyer Legal service Legal advice Civil Criminal Administrative cases Disputes Defense Arbitration Law Company Kazakhstan Law Firm Court Cases