Commentary to article 63. Suspended sentence The Criminal Code of the Republic of Kazakhstan of the Criminal Code of the Republic of Kazakhstan

     1. If, having imposed a punishment in the form of correctional labor, restrictions on military service, imprisonment or detention in a disciplinary military unit, the court concludes that it is possible to correct the convicted person without serving the sentence, it decides to consider the imposed punishment conditional.      

2. When applying a suspended sentence, the court shall take into account the nature and degree of public danger of the crime committed, the identity of the perpetrator, including mitigating and aggravating circumstances of responsibility and punishment.    3. When imposing a suspended sentence, the court sets a probation period during which the convicted person must prove correction by his behavior. The probation period is set to last from one to three years.      

4. In case of conditional conviction, additional types of punishments may be imposed, except for confiscation of property.       5. Excluded by the Law of the Republic of Kazakhstan No. 363-2 dated December 21, 2002.      

6. Control over the behavior of a conditionally convicted person is carried out by an authorized specialized state body, and in relation to military personnel - by the command of military units and institutions.      

7. Excluded by the Law of the Republic of Kazakhstan No. 363-2 dated December 21, 2002.      

8. Suspended sentence is not applied to persons with dangerous or especially dangerous recidivism of crimes.      

When certain types of punishments are imposed, in some cases the punishment may be imposed conditionally. Conditional sentencing is possible only in the case of the appointment of such types of punishments as:      

correctional labor; restriction on military service;      

deprivation of liberty; detention in a disciplinary military unit.      

At the same time, the appointment of a suspended sentence is possible only if there is a conclusion that the convicted person has been corrected without serving the sentence.      

The decision to impose a suspended sentence is made on the basis of an analysis of the totality of all circumstances, both related to the identity of the perpetrator and the circumstances related to the committed act.      

Circumstances such as the nature and degree of public danger of the crime committed are taken into account; the identity of the perpetrator;

circumstances mitigating responsibility and punishment; circumstances aggravating responsibility and punishment.      

The Resolution of the Plenum of the Supreme Court of the Republic of Kazakhstan dated April 30, 1999 "On the observance by courts of legality in the imposition of criminal punishment" states that ...The suspended sentence provided for in Article 63 of the Criminal Code, as a rule, can be applied to persons who have committed crimes of minor and moderate severity, who have not been convicted in the past. The application of a suspended sentence to individual participants in crimes of other gravity is allowed only in cases where the secondary role of these persons has been established, as well as if the data characterizing the identity of the perpetrator and the circumstances under which the crime was committed give reason to consider it possible to apply the rules of art.63 of the Criminal Code when imposing punishment.      

When applying a suspended sentence, the court may impose on the convicted person the performance of duties, including those listed in Part 3 of Article 63 of the Criminal Code, contributing to his correction. During the probation period, upon the recommendation of the body controlling the behavior of the probationer, the court may fully or partially cancel the duties established by the verdict. When deciding on a suspended sentence, the court is obliged to explain to the convicted person and his legal representatives about the possible consequences provided for in Article 64 of the Criminal Code in case of non-fulfillment of duties, commission of administrative offenses, or new crimes.      

When a suspended sentence is imposed on the perpetrator, a probation period is established. The purpose of the probation period is to prove to the convict his correction.

The probation period is set to last from one to three years.      

The probation period may be longer than the prescribed punishment, equal to the prescribed punishment, or less than the prescribed punishment.      

When a suspended sentence is imposed, additional punishments may be imposed along with the main types of punishments, with the exception of confiscation of property.      

Control over the behavior of a probationer is carried out by an authorized specialized state body, and in relation to military personnel - by the command of military units and institutions.      

Probation is not applied to persons with dangerous or especially dangerous recidivism of crimes.

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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