Procedure for Determining Sentences When They Are Aggregated
🔷 1. Purpose of the Article
Article 61 of the Criminal Code of the Republic of Kazakhstan establishes equivalence rules for converting different types of punishments into one another when they are aggregated:
· in cases of a combination of criminal offenses (Article 58 of the CC RK);· in cases of a combination of sentences (Article 60 of the CC RK).
🟩 This is necessary when a convicted person receives different types of punishments for different episodes (for example, a fine and imprisonment), and the court must reduce them to a common denominator when determining the final sentence.
🔷 2. Commentary on Part 1: Table of Equivalence of Punishments
🔹 Part 1 of Article 61 of the CC RK establishes a system of conversion coefficients based on the proportional severity of punishments.
📌 2.1. Basic Equivalents
| Conversion | Ratio |
|---|---|
| 1 day of imprisonment = | 4 MCI fine / 4 hours of community service / 1 day of arrest / 1 day of restriction of liberty |
| 1 day of restriction of liberty = | 4 MCI fine / 4 hours of community service / 1 day of arrest |
| 1 day of arrest = | 4 MCI fine / 4 hours of community service |
| 1 hour of community service = | 1 MCI fine or correctional labor |
| 1 MCI of correctional labor = | 1 MCI fine |
🔹 MCI (Monthly Calculation Index) is a financial reference unit established annually by the budget law.For example, in 2025, 1 MCI = 3,680 tenge.
📌 2.2. Practical Application
Example 1:The court imposes a 200 MCI fine for one offense and 30 days of arrest for another.Conversion:
· 30 days of arrest = 30 × 4 MCI = 120 MCI· Result: the punishments may be aggregated into a 320 MCI fine (200 + 120).
Example 2:
· 120 hours of community service for one episode;· 30 days of restriction of liberty for another.
Conversion:
· 120 hours of community service = 30 days of restriction of liberty (at 4 hours per day);· Total: 30 + 30 = 60 days of restriction of liberty.
🔷 3. Commentary on Part 2: Execution of Certain Types of Punishment
🔹 Some additional or specific types of punishment are not subject to conversion or aggregation with other punishments and are executed independently.
📌 List of such punishments:
· Deprivation of ranks, titles, awards, and class grades;· Prohibition from holding certain positions or engaging in certain activities;· Expulsion from the territory of the Republic of Kazakhstan;· Confiscation of property;· Compulsory medical measures.
🔸 These measures are not converted into MCIs, hours, or days; they are imposed and executed separately.
📌 Practical example:
A person is sentenced to:
· 5 years of restriction of liberty;· confiscation of a vehicle;· and a 3-year ban on legal (advocacy) practice.
In this case, the final principal punishment is restriction of liberty, while the other measures are executed independently.
🔷 4. Correlation with Other Legal Provisions
| Provision | Content |
|---|---|
| Article 44 CC RK | General limits of punishment |
| Article 46 CC RK | Types of punishment |
| Article 48 CC RK | Imprisonment |
| Article 58 CC RK | Aggregate of crimes |
| Article 60 CC RK | Aggregate of sentences |
| Article 63 CC RK | Suspended sentence |
| Article 73 CC RK | Credit for time served |
🔷 5. International Standards and Case Law
🔹 European Convention on Human Rights (Articles 5, 6, 7)→ principle of legality and foreseeability of punishment.
🔹 International Covenant on Civil and Political Rights (Articles 7, 14)→ principle of fairness and proportionality.
🔹 Harkins v. United Kingdom (2012), ECtHR→ prohibition of excessive or disproportionate cumulative punishment.
🔷 6. Conclusion
🔹 Article 61 of the CC RK is a technical but essential legal mechanism ensuring:
· uniformity in the conversion of punishments in cases of aggregation;· compliance with the principle of justice;· protection of the convicted person’s rights against unjustified aggravation of punishment.
🔸 Application of this article requires precise arithmetic calculations, especially when heterogeneous punishments are involved, and is closely linked to Articles 58 and 60 of the Criminal Code of the Republic of Kazakhstan.
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.
Attorney at Law Almaty Lawyer Legal Services Legal Advice Civil Criminal Administrative Cases Disputes Protection Arbitration Law Firm Kazakhstan Law Office Court Cases
