Conditional early release of a convicted person
June 06, 2023, 1968-24-2m/177 Ili District Court of the Almaty region, consisting of: presiding judge Sarsembaev B.Zh., with secretary Bedelkhan A.,
with the participation of prosecutor Balgabek D., representative of Institution No. 10 Iskakov A., convicted S.A.,
defense attorney - S.Nigmetov,
having considered in open court the petition of the convicted A.K.S. on the application of Article 72 of the Criminal Code of the Republic of Kazakhstan (hereinafter CC), the court
A.K., was sentenced by the Shuisky District Court of Zhambyl region on December 24, 2020 under paragraph 4, part 2, of Article 189 of the Criminal Code to 10 years in prison.
The beginning of the term of serving the sentence is calculated from December 24, 2020.. The deadline is November 05, 2030. The convicted A.K. applied for parole.
Has 5 rewards.
The 3rd positive degree of behavior has been determined.
Having listened to the petition of the convicted person, having studied the materials of the personal file, having heard the representative of the administration of institution No. 10, the conclusion of the prosecutor, who believed to refuse satisfaction, the court considers it necessary to refuse satisfaction of the convicted person's petition for parole from serving the sentence, on the following grounds.
In accordance with article 72 of the Criminal Code, a person serving a custodial sentence may be released by a court on parole if the court finds that he does not need to serve his sentence in full for his correction.
In accordance with paragraph 2 of part 3 of Article 72 of the Criminal Code, conditional early release can be applied only after the convict has actually served at least two thirds of the sentence imposed for a particularly serious crime.
According to paragraph 9 of the Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan dated October 2, 2015 No. 6 "On judicial practice of conditional early release from serving a sentence, replacement
the unserved part of the punishment by a milder type of punishment and reduction of the term of the imposed punishment", the actual serving by the convicted person of the legally prescribed part of the sentence, in accordance with part one of Article 72, part two of Article 73, part one of Article 86 and part one of Article 87 of the Criminal Code may not serve as an unconditional basis for parole or replacement of the unserved parts of the punishment are a milder type of punishment.
When deciding on parole and commutation of the imposed punishment with a milder type of punishment, the courts should provide an individual approach and, in each specific case, determine whether the information contained in the petition and other materials is sufficient for parole from serving the sentence and commutation of the imposed punishment with a milder type of punishment, that is, evaluate positive changes. in the behavior of the convict.
When assessing the behavior of a convicted person, the courts must take into account: compliance with internal regulations, compliance with the requirements of the administration of an institution of the penitentiary system (hereinafter referred to as the institution), participation in educational activities and in the public life of the institution, encouragement, punishment, maintaining relations with relatives and convicts, positive or negative attitude towards studies, compensation for damages, transfer to easier conditions of detention and other circumstances that may indicate the correction of the convicted person.
The court's conclusion on the correction of a convicted person should be based on a comprehensive accounting of data on his behavior not only for the time immediately preceding the consideration of the petition, but also for the entire period of his stay in the institution, including the time in custody before sentencing.
The presence of 5 commendations in the case file cannot indicate a complete correction of the convicted person, since impeccable behavior is the duty of the convicted person.
The description does not specify the facts for which the convict received encouragement and under what circumstances, as well as showed her best qualities and intentions.
No other evidence has been provided to the court confirming the convict's correction.
The unpaid balance of the damage is 93,853,422 tenge.
Thus, after examining the materials provided, the court concludes that the convict has not proved her correction, therefore, the execution of the sentence should be continued.
Based on the above and guided by articles 476, 477, 478 of the CPC of the Republic of Kazakhstan, the court RULED :The parole of the convicted A.K.S. should be refused.
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