Document from CIS Legislation database © 2003-2023 SojuzPravoInform LLC

NORMATIVE RESOLUTION OF THE SUPREME COURT OF THE REPUBLIC OF KAZAKHSTAN

of June 23, 2006 No. 7

About court practice of purpose of types of organizations criminally - executive system to persons condemned to imprisonment

(as amended on 22-12-2022)

Due to the change of the penal legislation of the Republic of Kazakhstan regulating procedure for purpose of types of organizations of criminal executive system and for the purpose of ensuring the correct and uniform application of the law, the plenary session of the Supreme Court of the Republic of Kazakhstan decides:

1. The correct determination of type of organization of criminal executive system is important for goal achievement of punishment and provides individualization of execution of the punishment taking into account weight of the committed crime, the identity of the criminal, its age and floor. Courts need to be guided strictly by provisions of Articles 46, of 81 Criminal Code of Kazakhstan (further - UK) determining procedure for purpose of type of organization of criminal executive system in which person condemned to imprisonment shall serve sentence.

At the same time it must be kept in mind that the law excludes possibility of purpose of this or that type of organization of criminal executive system according to the judicial discretion.

2. Persons (men and women), convicts go to organizations of criminal executive system of the minimum safety:

for the crimes committed on imprudence irrespective of punishment term;

for the crimes which are not connected using violence, provided by Chapters 7, of 8, of 9, 12 and 13 UK;

for the crimes provided by Chapter 15 of UK in case of full recovery them the damage caused by crime, except for the crimes provided by parts 1-1, of the second, third and fourth Article 366, parts two, third and fourth Article 367, part two of article 368 UK;

for the first time condemned for making of intentional crime for which penalty to imprisonment for a period of up to two years inclusive, except for the crimes provided by parts 1-1, of the second, third and fourth Article 366, parts two, third and fourth Article 367, part two of article 368 UK is imposed.

Owing to requirements of part three of article 19 Code of Criminal Procedure to the persons, previously convicted but who were not leaving imprisonment, and condemned serving sentence for making of new intentional crime for which penalty to imprisonment for a period of up to two years inclusive is imposed it is appointed in organizations of criminal executive system of the minimum safety.

3. To women serving sentence in the form of imprisonment in organizations of criminal executive system of average safety is appointed:

the convict to imprisonment for the term of over two years for making of the intentional crimes (average weight, heavy and especially heavy) who was earlier not serving custodial sanction for making of intentional crime, except as specified, provided by Items 1) and 3) of part five of article 46 UK;

in case of recurrence of crimes if earlier it did not leave real imprisonment for making of intentional crime;

the convict to imprisonment for making of the crimes provided by parts 1-1, of the second and third Article 366, parts two and third Article 367, part two of article 368 UK;

in cases when penalty, corrective works, attraction to social jobs, restriction of freedom are replaced with imprisonment;

To women serving sentence in the form of imprisonment in organizations of criminal executive system of the maximum safety is appointed: the convict to imprisonment who was earlier serving custodial sanction for making of intentional crime, except for the women condemned to imprisonment for the crimes which are not connected using violence, provided by Chapters 7, of 8, of 9, 12 and 13 UK, and also condemned for the crimes provided by Chapter 15 of UK in case of full recovery by them the damage caused by crime;

the convict to imprisonment for crimes against sexual integrity of minors, except for persons who committed crime at minor age;

in case of dangerous recurrence of crimes, irrespective of whether she served custodial sanction for crime execution earlier.

4. To men serving sentence in the form of imprisonment in organizations of criminal executive system of the maximum safety is appointed:

for the first time the convict to imprisonment for making of especially serious crimes who was earlier not serving sentence in places of detention;

in case of recurrence of crimes irrespective of whether he served custodial sanction for crime execution earlier;

the convict to imprisonment who was earlier leaving imprisonment for making of intentional crime, except for the men condemned to imprisonment for the crimes which are not connected using violence, provided by Chapters 7, of 8, of 9, 12 and 13 UK, and also condemned for the crimes provided by Chapter 15 of UK in case of full recovery by them the damage caused by crime.

the convict to imprisonment for crimes against sexual integrity of minors, except for persons who committed crime at minor age.

5. To persons, for the first time convicts to imprisonment, also those which were condemned to imprisonment earlier belong, but criminal records at them are extinguished or removed in the procedure established by the law, and also persons having not removed or unspent convictions to imprisonment for acts which the new penal statute, retroactive, are not recognized criminal offense.

6. Under earlier serving custodial sanction persons who in the past according to the court verdict which took legal effect were condemned to custodial sanction are understood and really served this sentence in organizations of criminal executive system if this criminal record was not removed and is not extinguished in the procedure established by the law at the time of making of new crime.

Also treat persons who were earlier serving custodial sanction:

persons who are conditionally condemned to imprisonment (article 40 UK of the Kazakh SSR (further UK KSSR), 63 UK) which on the bases provided by parts seven, the eighth, ninth article 40 UK KSSR, parts three, the fourth, fifth article 64 UK were sent for serving sentence to organizations of criminal executive system;

persons condemned to imprisonment with delay of execution of sentence (article 41-1 UK KSSR, 74 UK) who on the bases provided by parts five, the seventh article 41-1 UK KSSR, parts two, third, fourth article 74 UK were sent for serving sentence to organizations of criminal executive system;

persons who are conditionally condemned to imprisonment with obligatory labor involvement (article 23-2 UK KSSR) who on the bases provided by part five of article 23-2 UK KSSR were sent for serving sentence to organizations of criminal executive system;

the persons condemned to imprisonment and serving this sentence on the sentences pronounced by courts of the former USSR and the federal republics which were its part (on the criminal records taking place till December 8, 1991);

Warning!!!

This is not a full text of document! Document shown in Demo mode!

If you have active License, please Login, or get License for Full Access.

With Full access you can get: full text of document, original text of document in Russian, attachments (if exist) and see History and Statistics of your work.

Get License for Full Access Now

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info

Effectively work with search system

Database include more 50000 documents. You can find needed documents using search system. For effective work you can mix any on documents parameters: country, documents type, date range, teams or tags.
More about search system

Get help

If you cannot find the required document, or you do not know where to begin, go to Help section.

In this section, we’ve tried to describe in detail the features and capabilities of the system, as well as the most effective techniques for working with the database.

You also may open the section Frequently asked questions. This section provides answers to questions set by users.

Search engine created by SoyuzPravoInform LLC.