Commentary to article 61. The procedure for determining the terms of punishment when they are added to the Criminal Code of the Republic of Kazakhstan of the Criminal Code of the Republic of Kazakhstan
1. In the case of partial or complete addition of punishments for the totality of crimes and the totality of sentences, one day of imprisonment corresponds to:
a) one day of arrest or detention in a disciplinary military unit;
b) two days of restriction of freedom; c) three days of correctional labor or restrictions on military service;
d) four hours of community service.
2. A fine or deprivation of the right to hold certain positions or engage in certain activities, deprivation of a special, military or honorary title, class rank, diplomatic rank, qualification class and state awards, as well as confiscation of property when combined with restriction of liberty, correctional labor, arrest, detention in a disciplinary military unit, imprisonment, shall be executed independently..
The commented article defines the correspondence of different types of punishment in relation to deprivation of liberty. This does not take into account all types of punishments, but only arrest; detention in a disciplinary military unit; restriction of freedom; correctional labor; restriction on military service; community service.
Thus, in the case of partial or complete addition of punishments for a combination of crimes or a combination of sentences, one day of imprisonment is equal to:
- one day of arrest;
- one day of detention in a disciplinary military unit;
- two days of restriction of freedom;
- three days of correctional labor;
- three days of military service restrictions;
- four hours of community service.
39 of the Criminal Code of the Republic of Kazakhstan, the above-mentioned types of punishments belong to the main types of punishments.
Such types of punishments as fines, deprivation of the right to hold certain positions or engage in certain activities, deprivation of a special, military or honorary title, class rank, diplomatic rank, qualification class and state awards, confiscation of property, when combined with restriction of liberty, correctional labor, arrest, detention in a disciplinary military unit, imprisonment they are executed independently.
The execution of these punishments according to the totality of crimes or sentences with the above combination of addition of such punishments occurs independently. For example, the deprivation of the right to engage in certain activities, imposed by a previous sentence, and the deprivation of liberty, determined by a subsequent sentence, are executed independently, etc.
Different execution of punishments based on the totality of crimes or sentences should take place in cases where these types of punishments are imposed only as basic ones.
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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