Restriction of Liberty – Establishment of Probationary Supervision over the Convict

Article 44 of the Criminal Code of the Republic of Kazakhstan (CC RK) establishes the punishment in the form of restriction of liberty, which serves as an alternative to imprisonment and is aimed at rehabilitating the convict without isolating them from society. Below is a detailed legal commentary with analysis, examples from practice, and references to related articles of other codes and international norms.

📘 General Provisions

Restriction of liberty consists of establishing probationary supervision over the convict for a term ranging from six months to seven years and engaging them in compulsory labor for 100 hours annually throughout the entire term of the sentence. The sentence is served at the convict’s place of residence without isolation from society. Compulsory labor is organized by local executive bodies in public places and is performed for no more than four hours a day.

The following individuals are not subject to compulsory labor: convicts with permanent employment or enrolled in studies, minors, pregnant women, women with children under three years of age, men raising children under three years of age alone, women aged 58 and over, men aged 63 and over, persons with disabilities of the first or second group, as well as convicts whose sentence has been replaced with restriction of liberty for a term of less than six months.

⚖️ Probationary Supervision

Probationary supervision is carried out by an authorized state body and, by court decision, may include the following obligations for the convict:

• Not to change permanent place of residence, work, or study without notifying the authorized state body supervising the convict’s conduct.
• Not to visit certain places.
• To undergo treatment for mental and behavioral disorders related to the use of psychoactive substances, and for sexually transmitted diseases.
• To provide material support to their family.
• Other obligations that contribute to the rehabilitation of the convict and the prevention of new criminal offenses.

🔄 Substitution of Punishment

In case of persistent evasion from serving the restriction of liberty, the unserved term is replaced with imprisonment at the rate of one day of imprisonment for one day of restriction of liberty.

📚 Related Legislative Acts

• Criminal Executive Code of the Republic of Kazakhstan (CEC RK):

  • Article 63: procedure for executing the punishment in the form of restriction of liberty.
  • Article 64: calculation of the term of serving the punishment in the form of restriction of liberty.
  • Article 65: procedure for sending the convict to the place of serving the restriction of liberty.
  • Article 66: conditions for serving the punishment in the form of restriction of liberty.
  • Article 67: violations of the procedure and conditions for serving the restriction of liberty.
  • Article 68: liability of the convict for violating the procedure and conditions of serving the restriction of liberty.
  • Article 69: probationary supervision over a convict serving a sentence in the form of restriction of liberty.

• Criminal Procedure Code of the Republic of Kazakhstan (CPC RK):

  • Article 476: matters subject to court consideration during the execution of a sentence, including substitution of punishment in the event of evasion from restriction of liberty.

🌐 International Norms

The Republic of Kazakhstan is a party to international treaties providing for humane treatment of convicts, including:

• International Covenant on Civil and Political Rights.
• Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

These instruments oblige the state to ensure that punishments do not cause physical suffering or degrade human dignity.

🧠 Conclusion

Restriction of liberty as a type of criminal punishment in the Republic of Kazakhstan is a measure of state coercion aimed at restoring social justice, rehabilitating the convict, and preventing the commission of new criminal offenses. Its application must be proportionate to the severity of the offense committed and take into account the individual characteristics of the convict.

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