Conditional Early Release of Juveniles from Serving Sentences

📘 GENERAL CHARACTERISTICS

Article 86 of the Criminal Code of the Republic of Kazakhstan (CC RK) establishes a special regime of conditional early release (CER) for individuals who committed crimes as minors, even if they are serving their sentence as adults. This provision is based on the principle of humanism and the priority of educational influence over repression, in line with Kazakhstan’s international obligations regarding children's rights.

📌 MAIN GOAL

To create a motivation for juvenile offenders to reform by promoting:

·        Recognition of guilt;·        Good behavior in isolation;·        Willingness and opportunity for early social reintegration before full sentence completion.

📑 STRUCTURE OF ARTICLE 86 CC RK

🔹 Part 1. CER terms depending on the crime category

General conditions:

·        Crime committed while a minor;·        No gross violations of regime;·        Good behavior;·        Actual serving of the minimum required term.

📌 Comment: CER terms for juveniles are significantly shorter than for adults (see Part 3 of Article 72 CC RK), due to recognition of adolescents' higher potential for reform and their ongoing personal development.

📍 Practical example:

A 17-year-old convicted of theft (Article 188 Part 3 CC RK — serious crime) received 4 years of restriction of liberty. After serving 1 year and 4 months, he filed a petition for CER. With no violations and active participation in resocialization programs, the court granted the petition, recognizing his potential for rehabilitation.

🔹 Part 2. Crimes after CER: misdemeanors and minor offenses

If a person released under CER commits:

·        A crime due to negligence;·        An intentional criminal misdemeanor;·        An intentional minor offense —

👉 The court shall consider whether to:

·        Maintain the CER;·        Or revoke it.

If CER is revoked, the court imposes a new sentence by combining convictions (Article 60 CC RK).

📌 Comment: The law allows flexibility, acknowledging that not every new offense requires automatic cancellation of CER, especially if it lacks significant public danger.

📍 Example:

A juvenile released under CER after being convicted of robbery was later sentenced for petty hooliganism (a misdemeanor) during the probation period. The court maintained CER, citing the absence of public danger and positive personal characteristics.

🔹 Part 3. Crimes after CER: medium gravity and above

If, while under CER, the person commits:

·        An intentional crime of medium gravity;·        A serious or especially serious crime —

👉 The court must revoke the CER and impose a new sentence based on the combination of convictions (Article 60 CC RK).

📌 Comment: In such cases, the law excludes judicial discretion, presuming that a new crime proves the offender is not amenable to reform under CER conditions.

📍 Example:

A juvenile released under CER committed theft (medium gravity) five months later. The court revoked the CER and imposed a new sentence in accordance with Article 60.

⚖️ LEGAL SOURCES AND RELATED NORMS

📜 Domestic legal acts:

·        Article 72 CC RK – general CER rules for adults;·        Article 60 CC RK – combining sentences from multiple convictions;·        Article 44 CC RK – probation supervision;·        Article 85 CC RK – educational influence measures;·        Criminal Executive Code of the RK (CEC RK):

o   Article 160 – procedure for submitting CER petitions;o   Article 162 – obligations during probation;o   Article 165 – supervision of conditionally released persons.

🌐 International norms:

🔸 UN Convention on the Rights of the Child (1989):

·        Article 40(1): states must ensure humane treatment, dignity, rehabilitation, and reintegration of children in conflict with the law.·        Article 37(b): detention must be a last resort and for the shortest appropriate time.

🔸 UN Beijing Rules (1985):

·        Rule 26.2: early conditional release should be applied in the best interests of the child and society.·        Rule 28: CER must be accompanied by supervision and assistance.

🔸 UN Tokyo Rules (1990): Alternatives to imprisonment, including probation and CER.

🧩 PRACTICAL CHALLENGES

1.    Formalistic approach by courts: CER decisions are sometimes made without real analysis of the individual's rehabilitation.2.    Insufficient post-release support: probation bodies are overloaded, leaving juveniles without supervision or assistance.3.    Vague definition of "gross violations": no unified standard for what constitutes a gross regime violation.

✅ CONCLUSION

Article 86 of the CC RK is a progressive and humane provision aimed to:

·        Encourage the rehabilitation of juvenile offenders;·        Provide a second chance at reintegration;·        Reduce recidivism and the criminogenic burden within correctional institutions.

Its application must consider:

·        The individual characteristics of the juvenile;·        The goal of restoring social justice;·        And the interests of both the offender and society at large.

Attention!   

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