Commentary to article 84. Conditional early release of minors from serving their sentences The Criminal Code of the Republic of Kazakhstan of the Criminal Code of the Republic of Kazakhstan

     Conditional early release from serving a sentence may be applied to persons sentenced to imprisonment or correctional labor for committing a crime under the age of a minor, after the actual serving:      

a) not less than one-fourth of the term of punishment imposed by a court for a crime of minor or moderate gravity; b) not less than one-third of the term of punishment imposed by a court for a serious crime;      

c) at least half of the term of punishment imposed by the court for a particularly serious crime that does not involve an attempt on human life;      

d) at least two thirds of the punishment imposed by the court for a particularly serious crime involving an attempt on human life.      

Conditional early release from serving a sentence is possible only in relation to two types of punishments: imprisonment and correctional labor. Other types of punishments, which may result in parole, are not applied to minors.      

The commutation of punishment is unconditional, therefore the probation period in this case is not established.      

For minors (as well as for adults), there are uniform grounds for parole from serving a sentence imposed by a court - the absence of the need to fully serve a sentence in the form of imprisonment or correctional labor and the unconditional commitment of the person serving the sentence to the path of correction. As a result, conditional early release from punishment is a means of encouraging juvenile convicts who have proven their correction and an incentive for exemplary behavior of convicts during their sentence and subsequent release from it.      

At the same time, as indicated in the Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan No. 20 dated December 13, 2001 "On conditional early release from punishment and replacement of the unserved part of the punishment with a milder type of punishment", resolving the issue of the possibility of applying conditional early release from punishment, on replacing the unserved part of the punishment with a milder punishment, the courts are obliged ensure a strictly individual approach to each convict. In this regard, the courts should find out whether the convicted person has served the legally prescribed part of the sentence, carefully examine the behavior of the convicted person for the entire period of serving the sentence, and not only for the time immediately preceding the consideration of the submission.      

Control over the behavior of a person released on parole, including the fulfillment of duties assigned to him by the court (not to visit certain places, help parents, graduate from an educational institution, and others that contribute to his correction), is carried out by an authorized specialized state body.      

On the recommendation of this body, the court may raise the issue of revoking conditional early release and the execution of the remaining unserved part of the sentence if, during the remaining unserved part of the sentence, the person to whom conditional early release was applied committed a violation of public order for which an administrative penalty was imposed on him, or maliciously evaded duties. imposed on him by the court when applying for parole      

If, during the remaining unserved part of the sentence, an intentional crime is committed by the person to whom the conditional early release was applied, or a crime of negligence, if the court cancels the conditional early release, the court appoints punishment based on the totality of sentences (art. 60 of the Criminal Code).      

Thus, the future fate of a minor is made dependent on his behavior after early release from punishment.      

In accordance with paragraph 29 of the Normative Resolution of the Supreme Court of the Republic of Kazakhstan dated April 11, 2002 No. 6 "On judicial practice in cases of juvenile delinquency and their involvement in criminal and other antisocial activities" (as amended by the normative Resolution of the Supreme Court of the Republic of Kazakhstan dated July 11, 2003 No. 4), if a person commits If a person is convicted of a crime before the age of eighteen, and the conditions for his early release come after he reaches the age of eighteen, then the rules of art. 84 of the Criminal Code apply to resolve this issue.

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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