Petition for the application of Article 74 of the Criminal Code of the Republic of Kazakhstan and the granting of a delay in serving a sentence
To the Turksib District Court
cities of Almaty
from the convict
From L To ,
Born on 09/08/1986
serving her sentence in the Russian State University
"Institution No. 13" of the Ministry of Internal Affairs of the Republic of Kazakhstan
city of Almaty
THE PETITION
(on the application of Article 74 of the Criminal Code of the Republic of Kazakhstan and the provision of
postponement of serving a sentence)
On February 20, 2025, by the verdict of the district court no.2 Bostandyk district of Almaty in case No. 7550-24-00-1/235, I was convicted of committing a criminal offense under Article 217, part 3, paragraph 2 of the Criminal Code, which imposed a sentence of 5 (five) years and 6 (six) months in prison, with serving my sentence in institutions of the minimum security penal system.
By the resolution of the Judicial Board for Criminal Cases of the Almaty City Court dated August 22, 2025 No. 7599-25-00-1a/740, the verdict of the district court No.2 of the Bostandyk district of Almaty dated February 20, 2025 was changed.
On the basis of Article 50, Part 2 of the Criminal Code, an additional penalty was imposed in the form of deprivation of the right to engage in activities related to the occupation of financially responsible and senior positions in commercial organizations for a period of 5 (five) years.
I am a mother with many children, I was awarded the Kumis alka pendant. I have seven children, five of whom are minors: Born on 30.09.2013 (12 years old), born on 29.05.2015 (10 years 4 months), born on 22.08.2016 (9 years 1 month), born on 07.10.2021 (4 years old), born on Since December 10, 2023 (1 year 10 months).
The Law of the Republic of Kazakhstan dated July 16, 2025 No. 210-VIII "On Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Optimization of criminal legislation of the Republic of Kazakhstan" amended and supplemented The Criminal Code of the Republic of Kazakhstan dated July 3, 2014:
Paragraph 2, subparagraph 18), the title and the first part of article 74 should read as follows: "The court may suspend the serving of the sentence for convicted pregnant women for up to one year. Convicted women who have or are raising a minor child, and men who are raising a minor child alone, the court grants a stay of execution of punishment for up to five years, but not more than until the child reaches the age of fourteen." (effective from September 16, 2025)
In accordance with article 6 of the Criminal Code of the Republic of Kazakhstan, criminal legislation is designed not only to punish, but also to ensure the correction of convicts, as well as the protection of their rights and legitimate interests.: "A law that eliminates the criminality or punishability of an act, mitigates responsibility or punishment, or otherwise improves the situation of a person who committed a criminal offense is retroactive, that is, it applies to persons who committed the relevant act before the introduction of such a law, including persons serving a sentence or who have served a sentence but have a criminal record.."
Based on the above, guided by Part 1st74 of the Criminal Code of the Republic of Kazakhstan,
ask:
1. To apply the provisions of Article 74 of the Criminal Code of the Republic of Kazakhstan against me and to postpone the execution of the punishment imposed by the verdict of the district court no.2 of the Bostandyk district of Almaty dated February 20, 2025 for 5 (five) years.
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