PENITENTIARY CODE OF THE REPUBLIC OF KAZAKHSTAN

Article 23. Evasion from payment of penalty

Chapter 5. Execution of the punishment in the form of deprivation of the right to hold certain position or to be engaged in certain activities

Article 24. The organization of execution of the punishment in the form of deprivation of the right to hold certain position or to be engaged in certain activities

Article 25. Obligations of administration of the organizations for execution of the court verdict

Article 26. Obligations of bodies, competent to withdraw permission to occupation certain activities

Article 27. Calculation of completion dates of punishment in the form of deprivation of the right to hold certain position or to be engaged in certain activities

Article 28. Obligations condemned to punishment in the form of deprivation of the right to hold certain position or to be engaged in certain activities

Article 29. Effects of non-execution of the court verdict about deprivation of the right to hold certain position or to be engaged in certain activities

Chapter 6. Execution of the punishment in the form of attraction to social jobs

Article 30. Procedure for execution of the punishment in the form of attraction to social jobs

Article 31. Conditions of execution of the punishment in the form of attraction to social jobs

Article 32. Calculation of term of punishment in the form of attraction to social jobs

Article 33. Obligations of administration of the organizations for the place of serving condemned punishments in the form of attraction to social jobs

Article 34. Malicious evasion from serving sentence in the form of attraction to social jobs

Article 35. Responsibility of persons serving sentence in the form of social jobs

Chapter 7. Execution of the punishment in the form of corrective works

Article 36. Procedure for execution of the punishment in the form of corrective works

Article 37. Serving sentence conditions in the form of corrective works

Article 38. Calculation of term of punishment in the form of corrective works

Article 39. Obligations of administration of the organizations for the place of serving by convicts of corrective works

Article 40. Procedure for production of payroll deductions of convicts to corrective works

Article 41. The encouragement measures applied to persons serving sentence in the form of corrective works

Article 42. Responsibility for violation of procedure and conditions of serving sentence in the form of corrective works and for malicious evasion from serving sentence

Chapter 8. Procedure and conditions of execution of the punishment in the form of restriction of freedom

Article 43. The place of serving sentence in the form of restriction of freedom

Article 44. The direction of convicts to restriction of freedom to the place of serving sentence

Article 45. Calculation of term of punishment in the form of restriction of freedom

Article 46. Procedure for serving sentence in the form of restriction of freedom

Article 47. Working conditions of persons serving sentence in the form of restriction of freedom

Article 48. Educational work with persons serving sentence in the form of restriction of freedom

Article 49. The encouragement measures applied to persons serving sentence in the form of restriction of freedom

Article 50. The disciplinary measures applied to persons serving sentence in the form of restriction of freedom

Article 51. The procedure for application died encouragement and penalties to persons serving sentence in the form of restriction of freedom

Article 52. Malicious evasion from serving sentence in the form of restriction of freedom and violation of procedure and conditions of serving sentence in the form of restriction of freedom

Article 53. Supervision of convicts and measures of the prevention of violations of procedure for serving sentence in the form of restriction of freedom

Chapter 9. Execution of additional punishments

Article 56. Execution of the court verdict about deprivation of special, military or honorary title, the class rank, diplomatic rank, qualification class and the state awards

Article 57. Procedure for execution of the court verdict about confiscation of property

Article 58. The property which is subject to confiscation

Article 59. Actions of the state legal executive for execution of the court verdict about confiscation of property

Article 60. Transfer of condemned property to authorized state body

Article 61. Obligations of the third parties in relation to the property which is subject to confiscation

Article 62. Confiscation of the property revealed after execution of sentence

Section 3. No. 393-IV is excluded by the Law of the Republic of Kazakhstan of January 18, 2011 (procedure for enforcement see the Art. 2)

Section 4. Execution of the punishment in the form of imprisonment

Chapter 11. General provisions of execution of the punishment in the form of imprisonment

Article 68. Places of execution of the punishment in the form of imprisonment

Article 69. Types of correctional facilities

Article 70. The direction of convicts to imprisonment for serving sentence

Article 71. Movement of convicts to imprisonment

Article 72. Leaving of convicts to imprisonment in the pre-trial detention center or prison

Article 73. Change of type of correctional facility

Article 74. Acceptance of convicts to imprisonment in correctional facilities

Article 75. Separate content of convicts to imprisonment in correctional facilities

Article 76. Serving by convicts to imprisonment of all term of punishment in one correctional facility

Chapter 12. The mode in correctional facilities and means of its providing

Article 77. The main requirements of the mode in correctional facilities

Article 78. Technical means of supervision and control

Article 79. Operational search activities in correctional facilities

Article 80. The mode of special conditions in correctional facilities

Article 81. Security measures and bases of their application

Chapter 13. Serving sentence conditions in correctional facilities

Article 82. Conditions of serving sentence of convicts to imprisonment

Article 83. Acquisition by convicts to imprisonment of food and necessities

Article 84. Appointments of convicts to imprisonment

Article 85. Receipt by convicts of sending, transfers and parcels post

Article 86. Correspondence of convicts to imprisonment, departure and receipt of money transfers

Article 87. Telephone negotiations of convicts to imprisonment

Article 88. Acquisition and storage condemned to imprisonment of literature and writing-materials

Article 89. Walks of convicts to imprisonment

Article 90. Viewing by convicts to imprisonment of movies and telecasts, listening of broadcasts

Article 91. Movement of convicts to imprisonment without convoy or maintenance

Article 92. Procedure for provision by the convict to imprisonment of the right of movement without convoy or maintenance

Article 93. Departures of the correctional facilities condemned to imprisonment for limits

Article 94. The national social insurance, social, provision of pensions of convicts to imprisonment

Article 95. Material and household providing convicts to imprisonment

Article 96. Features of material and household providing the condemned expectant mothers condemned nursing mothers and condemned the women having children

Article 97. Medical and sanitary providing convicts to imprisonment

Article 98. Financial responsibility of convicts to imprisonment

Chapter 14. Work, professional education and professional training of convicts to imprisonment

Article 99. Work of convicts to imprisonment

Article 100. Working conditions of convicts to imprisonment

Article 101. Compensation of convicts to imprisonment

Article 102. Involvement of convicts to imprisonment to works without compensation

Article 103. Deduction from the income of convicts to imprisonment

Article 104. Professional education and professional training of convicts to imprisonment

Chapter 15. Educational impact on convicts to imprisonment

Article 105. Educational work with convicts to imprisonment

Article 106. The main directions, forms and methods of educational work with convicts to imprisonment

Article 107. The amateur organizations of convicts to imprisonment

Article 108. The organization of obtaining by convicts to imprisonment of primary, main secondary, general secondary education

Article 109. The encouragement measures applied to convicts to imprisonment

Article 110. The procedure for application died encouragement to convicts to imprisonment

Article 111. The disciplinary measures applied to convicts to imprisonment

Article 112. Malicious violation of established procedure of serving sentence by convicts to imprisonment

Article 113. Procedure for application of disciplinary measures to convicts to imprisonment

Article 114. Conditions of detention of prisoners to imprisonment in penal insulators, rooms of chamber type and solitary confinements

Article 115. The officials of correctional facilities applying measures of encouragement and collection to convicts to imprisonment

Chapter 16. Features of execution of the punishment in correctional facilities of different types

Article 116. Corrective colonies of ordinary regime

Article 117. Serving sentence conditions in corrective colonies of ordinary regime

Article 118. Corrective colonies of strict regime

Article 119. Serving sentence conditions in corrective colonies of strict regime

Article 120. Corrective colonies of special regime

Article 121. Serving sentence conditions in corrective colonies of special regime

Article 122. Corrective colonies of special regime for the convicts leaving lifelong imprisonment

Article 123. Conditions of serving of imprisonment in corrective colonies of special regime for the convicts leaving lifelong imprisonment

Article 124. Colonies settlements

Article 125. Conditions of serving of imprisonment in colonies settlements

Article 126. Prisons

Article 127. Conditions of serving of imprisonment in prisons

Chapter 17. Features of serving sentence in the form of imprisonment by the condemned minors

Article 128. Procedure for serving sentence in educational colonies

Article 129. Serving sentence conditions in educational colonies

Article 130. The encouragement measures applied to convicts to imprisonment in educational colonies

Article 131. Features of application of measures of encouragement to convicts to imprisonment in educational colonies

Article 132. The disciplinary measures applied to convicts to imprisonment in educational colonies

Article 133. Procedure for application of disciplinary measures to convicts to imprisonment in educational colonies

Article 134. The officials of educational colony applying measures of encouragement and collection to convicts

Article 135. Leaving in educational colonies of the convicts to imprisonment who reached age of majority

Article 136. Transfer of convicts to imprisonment from educational colonies in corrective labor colonies

Article 137. Organization of teaching and educational process

Article 138. Participation of public associations in work of educational colonies

Section 5. Execution of punishments in the form of restriction on military service, contents on guardroom concerning the condemned military personnel

Chapter 18. Execution of the punishment in the form of restriction on military service

Article 139. Procedure and conditions of execution of the punishment in the form of restriction on military service

Article 140. Deduction from monetary pay of the condemned serviceman

Article 141. Movement of the condemned serviceman on service

Article 142. Educational work with the condemned military personnel

Article 143. The termination of execution of the punishment in the form of restriction on military service

Article 144. Release from punishment in the form of restriction on military service or replacement to his condemned serviceman dismissed from military service

Chapter 19. Execution of content on guardroom concerning the condemned military personnel

Article 145. Places of serving of content on guardroom the military personnel

Article 146. Procedure for the direction of convicts on guardroom

Article 147. Procedure and conditions of detention of prisoners on guardroom

Article 148. The measures of encouragement and collection applied to convicts

Article 149. Features of legal status of the condemned military personnel

Chapter 20. It is excluded by the Law of the Republic of Kazakhstan of July 10, 2009 No. 177-IV 

Section 6. Execution of the punishment in the form of capital punishment

Chapter 21. Procedure and conditions of execution of the punishment in the form of capital punishment

Article 165. General provisions

Article 166. Legal status of person condemned to capital punishment

Article 167. Procedure for execution of capital punishment

Section 7. Release from serving sentence. The help to the convicts exempted from serving sentence and control of them

Chapter 22. Release from serving sentence

Article 168. Bases of release from serving sentence

Article 169. Procedure for representation to early release from serving sentence

Article 170. Features of representation of the convicts leaving lifelong imprisonment to parole

Article 171. Delay of execution of the punishment concerning the expectant mothers and women having juvenile children, and the men alone raising juvenile children

Article 172. Effects of non-compliance with conditions of delay of execution of the punishment

Article 173. Termination of serving sentence and procedure for release

Article 174. Release of the condemned military personnel from serving sentence

Article 175. Legal status of persons who served sentence

Chapter 23. The help to the convicts exempted from serving sentence and control of them

Article 176. Obligations of administration of the organizations performing punishments, on assistance in the labor and household device of the exempted convicts

Article 177. Assistance to the convicts exempted from serving sentence

Article 178. Rendering assistance in the labor and household device, in provision of other types of the public assistance to persons exempted from serving sentence

Article 178-1. Control of behavior of person exempted conditional ahead of schedule

Article 178-2. Obligations of persons exempted conditional ahead of schedule from serving sentence

Article 179. Administrative supervision of persons exempted from places of detention

Article 180. Preparation and registration of materials on persons concerning whom it is necessary to establish administrative supervision of law-enforcement bodies

Article 180-1. Release from organization of criminal executive system of persons sick with the infectious form of tuberculosis constituting danger to people around

Section 8. Control of persons, convicts it is conditional

Chapter 24. Control of behavior of conditionally condemned

Article 181. Procedure of control of behavior of conditionally condemned military personnel

Article. 182. Procedure of probation of control of behavior conditionally condemned and rendering social legal assistance to them

Article 183. Calculation of probation period and term of probation of control

Article 184. Responsibility of conditionally condemned

Appendix. The list of the property which is not subject to confiscation according to the court verdict

General part

Section 1. Criminal and executive legislation of the Republic of Kazakhstan

Chapter 1. General provisions

Article 1. Criminal and executive legislation of the Republic of Kazakhstan

The criminal and executive legislation of the Republic of Kazakhstan consists of of this Code and other laws of the Republic of Kazakhstan, and also regulatory legal acts establishing procedure and conditions of execution and departure of punishment and other measures of criminal law action on convicts.

Article 2. Purposes and tasks of the criminal and executive legislation of the Republic of Kazakhstan

1. The purposes of the criminal and executive legislation of the Republic of Kazakhstan are recovery of social justice, correction of convicts, the prevention of making of new crimes as condemned, and other persons.

2. According to the specified purposes the criminal and executive legislation has the task regulation of procedure and conditions of serving of punishments, determination of cures of convicts, protection of their rights, freedoms and legitimate interests, rendering the help in social adaptation to them.

Article 3. Operation of the criminal and executive legislation of the Republic of Kazakhstan concerning the condemned military personnel

1. Punishments of the condemned military personnel are performed according to this Code, other laws and regulatory legal acts, and also rules of serving of criminal penalties by the condemned military personnel approved by the Ministry of Defence of the Republic of Kazakhstan.

2. The condemned military personnel serves sentence and passes military service according to the legislation of the Republic of Kazakhstan. The restrictions provided by the regulatory legal acts specified in Item 1 of this Article extend to them.

Article 4. Operation of the criminal and executive legislation of the Republic of Kazakhstan in space and time

1. The criminal and executive legislation of the Republic of Kazakhstan is applied to the convicts serving sentence in the territory of the Republic of Kazakhstan.

2. Execution of criminal penalties, and also use of cures of convicts and assistance to exempted are performed according to the legislation existing at the time of execution of this type of punishment.

Article 5. Basis of execution of the punishment

The basis of execution of the punishment is the sentence or the court order which took legal effect, and also the act of amnesty or pardon.

Article 6. Principles of the criminal and executive legislation

The criminal and executive legislation is based on the principles of legality, equality of all before the law, humanity, democratism and publicity, differentiation and individualization of execution of punishments, connection of punishment with corrective impact.

Article 7. Fixed assets of correction of convicts

1. Correction of the convict is forming at it right obedient behavior, the positive attitude towards the personality, society, work, regulations, rules and traditions of human community.

2. Fixed assets of correction of convicts are: established procedure of execution and serving sentence (mode), educational work, socially useful work, receipt of primary, main secondary, general secondary education, professional training and public impact.

3. Cures are applied taking into account type of punishment, nature, degree of public danger, form of fault and motives of the committed crime, the personality and behavior of the convict.

Article 7-1. Probation in criminal executive system

Probation in criminal executive system – package of measures of social and legal nature, developed and implemented by service of probation of criminal and executive inspection individually concerning each conditionally convict in the period of probation period and stay under probation control for further correction of their behavior for the purpose of the prevention of making of new crimes by them.

Chapter 2. Legal status of convicts

Article 8. Bases of legal status of convicts

1. The Republic of Kazakhstan respects and protects the rights, freedoms and legitimate interests of convicts, provides necessary conditions of their correction, guarantee of social justice, social, legal and other security of their personality in case of execution of punishments.

2. Convicts have the rights and perform duties of citizens of the Republic of Kazakhstan with the restrictions set by the Constitution, Criminal, Criminal and executive codes of the republic and other laws proceeding from procedure and conditions of execution of specific type of punishment.

3. The condemned foreigners and stateless persons have the rights and perform duties according to the Constitution, international treaties, the legislation on legal status of foreigners and persons without citizenship, with the restrictions provided by the Constitution, Criminal, Criminal and executive codes and other laws of the Republic of Kazakhstan proceeding from procedure and conditions of execution of specific type of punishment.

Article 9. Fundamental obligations of convicts

1. Convicts shall observe the requirements following from the established by this Code, the court verdict and other regulatory legal acts of right restrictions.

2. Convicts shall carry out the rules of conduct established for them, legal requirements of administration of the organizations and bodies performing punishments.

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