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Parole (Conditional Early Release from Serving a Sentence)
🔷 1. Legal Essence
Parole (conditional early release) is a formal act of the court by which a convicted person is partially released from serving the sentence if it is proven that the goals of punishment (Article 39 of the Criminal Code) can be achieved without full execution of the sentence.
🔹 Parole serves as an important tool for the differentiation of punishment, social rehabilitation, and reduction of the prison population.
🔷 2. Conditions for Granting Parole (Parts 1, 3, 4)
🔹 General Conditions (Part 1):
· Actual serving of the established minimum portion of the sentence;
· No gross violations of the prison regime;
· Full compensation for damages (mandatory condition for automatic parole);
· The court determines that full service of the sentence is not necessary.
🔹 Minimum Time Served Requirements:
| Category of Offense | General Rule (Part 3) | Preferential Category (Part 4) |
|---|---|---|
| Minor or medium gravity offenses | 1/3 | 1/4 |
| Serious offenses | 1/2 | 1/3 |
| Especially serious (not involving life) | 2/3 | 1/2 |
| Especially serious (involving life) | — | 2/3 |
| Repeat parole after revocation | 2/3 or 3/4 |
🔹 Minimum term — at least 6 months (Part 5).
🔹 For life imprisonment — at least 25 years, or 15 years if a procedural agreement is concluded (Part 6).
🔷 3. Mandatory Parole (Part 1, para. 2)
Since 2023, the Criminal Code includes an imperative norm:
“…the person shall be granted conditional early release” if two conditions are met:
1. Full compensation for damages;
2. No gross violations of the prison regime.
📌 The court is obligated to apply parole regardless of the severity of the crime if these conditions are met (except for exclusions in Part 8).
🔷 4. Exceptions to Parole (Part 8)
| Category | Exclusions |
|---|---|
| 1. Those whose death sentence was commuted | Rule declared unconstitutional – not in effect (CS Decision No. 48-NP dated 11.07.2024) |
| 2. Terrorists and extremists (if resulting in death or involving a particularly serious crime) | Fully excluded from parole |
| 3. Serious and particularly serious corruption offenses | Parole allowed for: pregnant women, those with children, elderly, disabled, or those with a procedural agreement |
| 4. Crimes against the sexual inviolability of minors | Parole only possible if the offense was committed by a minor (14–18 years old) |
| 5. Intentional murder committed by a criminal group | Parole allowed only for vulnerable groups (pregnant women, elderly, etc.) |
🔷 5. Probation Control (Part 2)
· Mandatory for the remaining sentence term;
· Not applicable to foreigners subject to deportation.
⚖️ Probation includes obligations under the Penal Enforcement Code (e.g., reporting to the probation office, restriction on changing place of residence).
🔷 6. Grounds for Revoking Parole (Part 7)
| Violation | Consequence |
|---|---|
| 1. Two or more administrative sanctions or evasion of duties | The court may revoke parole |
| 2. Negligent crime, criminal infraction, or minor offense (committed by a vulnerable person) | The court decides whether to revoke or uphold parole |
| 3. Other intentional crime | The court must revoke parole and impose sentence by combining judgments |
🔷 7. Examples from Judicial Practice
📌 Ruling of Almaty City Court (2022):A man convicted under Article 190, Part 4 of the Criminal Code was granted parole after serving 2/3 of his sentence, because:
· he fully compensated the damage;
· received positive character references;
· had no violations of the prison regime.
📌 Decision of Atyrau Regional Court (2023):A woman convicted of a particularly serious corruption offense was granted parole due to:
· her status as a single mother;
· her 2nd-degree disability;
· the conclusion of a procedural agreement.
🔷 8. Related Provisions
| Provision | Content |
|---|---|
| Article 44 of the Criminal Code | Probation control |
| Article 60 of the Criminal Code | Imposing sentence based on combination of convictions |
| Articles 9, 35 of the Criminal Procedure Code | Case termination, including on parole grounds |
| Chapters 9–10 of the Penal Enforcement Code | Conditions and procedure for executing parole |
| Normative Ruling of the Supreme Court dated 25.12.2020 No. 10 | On the practice of sentencing, including parole |
🔷 9. International Standards
🔹 The right to review of a sentence is provided by:
· Article 10 of the International Covenant on Civil and Political Rights (ICCPR):"The aim of the penitentiary system should be rehabilitation and social reintegration."
· UN Tokyo Rules (1990):→ Encourage parole as a tool for reintegration into society.
🔹 The European Court of Human Rights (ECtHR) in various cases (e.g., Murray v. Netherlands, 2016) emphasized:
“The absence of a prospect of release may violate the prohibition of inhuman punishment.”
🔷 10. Conclusion
Article 72 of the Criminal Code of Kazakhstan is a balanced mechanism:
✅ for motivating convicts toward rehabilitation,✅ for humanizing criminal policy,✅ for saving state resources,✅ and for individualizing the execution of punishment.
Attention!
Law and Law Law Law draws your attention to the fact that this document is basic and does not always meet the requirements of a particular situation. Our lawyers are ready to assist you in legal advice, drawing up any legal document suitable for your situation.
For more information, please contact a Lawyer / Attorney by phone: +7 (708) 971-78-58; +7 (700) 978 5755, +7 (700) 978 5085.
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