Deprivation of Liberty Consists in the Isolation of the Convicted Person from Society

Article 46 of the Criminal Code of the Republic of Kazakhstan (CC RK) establishes the legal foundations of punishment in the form of deprivation of liberty, defining its substance, terms, conditions of imposition, and execution.

🔹 Concept and Content of Deprivation of Liberty

Deprivation of liberty means isolating the convicted person from society by sending them to a penal institution within the criminal-executive system. It is the strictest form of punishment applied for committing crimes and provides for holding the convicted person in conditions that exclude free movement and communication with the outside world.

🔹 Terms of Deprivation of Liberty

According to Part 3 of Article 46 CC RK, deprivation of liberty is established for a term ranging from six months to fifteen years.For particularly serious crimes, the term may be extended up to twenty years or replaced with life imprisonment.For crimes committed through negligence, the maximum term of deprivation of liberty cannot exceed ten years.

When other types of punishment (fine, corrective labor, community service, or restriction of liberty) are replaced with deprivation of liberty, it may be imposed for a period of less than six months.

When imposed for a combination of crimes, the maximum term of deprivation of liberty cannot exceed twenty-five years, and when imposed for a combination of sentences — thirty years.

🔹 Life Imprisonment

Life imprisonment may be imposed for committing particularly serious crimes.However, it does not apply to persons who committed a crime before the age of eighteen, women, or men aged sixty-three and older.Life imprisonment may be replaced with a fixed-term deprivation of liberty through the procedure of pardon.

🔹 Categories of Institutions for Serving Sentences

Part 5 of Article 46 CC RK defines four categories of institutions within the criminal-executive system where convicts serve their sentences:

1. Minimum-security institutions – for persons convicted of crimes committed through negligence and certain other categories.
2. Medium-security institutions – for persons convicted of intentional crimes for more than two years, who have not previously served imprisonment.
3. Maximum-security institutions – for persons who have previously served imprisonment for intentional crimes, as well as certain other categories.
4. Special-security institutions – for persons sentenced to life imprisonment.

When sentences are combined, the convict is sent to the stricter type of institution specified in one of the sentences.

🔹 Special Conditions for Serving a Sentence

Part 6 of Article 46 CC RK provides that persons sentenced to more than five years’ imprisonment for particularly serious crimes, in cases of dangerous recidivism, or those who have previously served imprisonment, may serve part of their sentence, but not more than five years, in full-security penal institutions.

🔹 Change of Institution Type

According to Part 7 of Article 46 CC RK, the change of the type of institution assigned by the court sentence is carried out by the court in accordance with Article 96 of the Criminal Executive Code of the Republic of Kazakhstan. This makes it possible to take into account the convict’s behavior and other circumstances while serving the sentence.

🔹 International Standards and Practice

The application of deprivation of liberty must comply with international standards, such as the International Covenant on Civil and Political Rights and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.By ratifying these documents, Kazakhstan undertakes to ensure humane conditions of detention and respect for the rights of convicts.

🔹 Practical Examples

In Kazakhstani judicial practice, deprivation of liberty is applied taking into account all the circumstances of the case.For example, Karim Massimov, former head of the National Security Committee, was sentenced to 18 years of imprisonment for high treason and other crimes. Initially, he was to serve his sentence in a maximum-security institution, but the appellate court changed the type of institution to medium security.

🔹 Conclusion

Article 46 CC RK regulates in detail issues related to deprivation of liberty, ensuring a balance between the need for punishment for committed crimes and the protection of the rights of convicts.The application of this article must be proportionate to the severity of the offense committed and take into account the individual characteristics of the convict.

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