Commentary to article 74. Release from punishment and postponement of serving a sentence due to extraordinary circumstances of the Criminal Code of the Republic of Kazakhstan of the Criminal Code of the Republic of Kazakhstan
1. A person convicted of a minor and medium-gravity crime may be released from punishment by a court if serving it is capable of entailing particularly grave consequences for the convicted person or his family as a result of a fire or other disaster, serious illness or death of the only able-bodied family member and other extraordinary circumstances.
2. A court may, if there are grounds specified in the first part of this article, suspend the serving of the sentence for up to three months to a person sentenced to imprisonment for a grave or especially grave crime.
The Criminal Code of the Republic of Kazakhstan considers the existence of extraordinary circumstances as a basis for resolving the issue of releasing a person from punishment or postponing serving his sentence.
Extraordinary circumstances are phenomena of social life or nature that endanger the life, health or property of many people.
The Criminal Code provides an approximate list of such circumstances: fire or natural disasters (earthquake, flood, hurricane, etc.). In addition, it refers to the serious illness or death of the only able-bodied family member or other extraordinary circumstances.
Serving a sentence in all these circumstances can have serious consequences for the convicted person or his family.
The necessary conditions for this type of release from punishment are:
the presence of extraordinary circumstances;
The exemption applies to persons convicted of minor and moderate crimes.;
if serving a sentence, in the presence of these circumstances, may entail particularly serious consequences for the convicted person or his family.
According to Part 2 of Article 72 of the Criminal Code, a person sentenced to imprisonment for a grave or especially grave crime may, if there are grounds specified in part one of the commented article, postpone serving his sentence for up to three months.
Release from punishment and postponement of serving a sentence due to extraordinary circumstances is unconditional. The application of a postponement or full release from serving a sentence is the court's right, not its duty.
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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