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PENITENTIARY CODE OF THE REPUBLIC OF KAZAKHSTAN

of July 5, 2014 No. 234-V ZRK

(as amended on 09-06-2021)

General part

Section 1. Basic provisions

Chapter 1. The legislation of the Republic of Kazakhstan determining procedure for execution of punishments and other measures of criminal law action

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

1. The criminal and executive legislation of the Republic of Kazakhstan is based on the Constitution of the Republic of Kazakhstan and the conventional principles and rules of international law and consists of of this Code, the laws and other regulatory legal acts establishing procedure and conditions of execution and serving of punishments and other measures of criminal law action.

2. Restrictions of the rights, freedoms and legitimate interests of convicts cannot be set by the subordinate regulatory legal acts establishing procedure and conditions of execution and serving of punishments and other measures of criminal law action if those are not provided by the law.

3. The international agreements ratified by the Republic of Kazakhstan have priority before this Code and are applied directly, except cases when follows from the international treaty that its application requires the publication of the law.

Article 2. Operation of the criminal and executive legislation of the Republic of Kazakhstan in space and in time

1. The criminal and executive legislation of the Republic of Kazakhstan is applied to convicts concerning whom punishments or other measures of criminal law action are performed in the territory of the Republic of Kazakhstan.

2. Execution and serving of punishments and other measures of criminal law action, use of cures to convicts, and also assistance to the exempted convicts are performed according to the legislation of the Republic of Kazakhstan existing at the time of their execution.

Article 3. Explanation of some concepts containing in this Code

The concepts containing in this Code are applied in the following value:

1) the bodies performing punishments - the bodies performing punishments in the form of arrest, the punishments which are not connected with isolation of the convict from society and other measures of criminal law action;

2) the serving sentence mode - the procedure for execution and serving of punishments established by this Code and other regulatory legal acts;

3) authorized body in the field of criminal and executive activities - the central executive body performing management in the field of criminal and executive activities;

4) criminal and executive (penitentiary) system (further - criminal executive system) - system of the bodies and organizations performing executive and administrative functions on ensuring execution of criminal penalties, and also the organizations providing functioning of the specified bodies and organizations;

5) organization of criminal and executive (penitentiary) system (further - organization) - the public institution intended for execution of custodial sanctions, and also content of convicts to capital punishment;

6) authorized body of criminal and executive (penitentiary) system (further - authorized body of criminal executive system) - department of authorized body in the field of criminal and executive activities, within the competence performing control and (or) realizable functions;

7) probation - system of the types of activity and individually determined measures of control and social and legal nature directed to correction of behavior of persons whose categories are determined by the law, for the prevention of making of criminal offenses by them;

8) service of probation - the body of criminal and executive (penitentiary) system performing executive and administrative functions on ensuring execution of criminal penalties without isolation from society and also to the organization and functioning of probation;

9) probation control - activities of authorized bodies for control of execution by persons staying on their registry, the obligations assigned to them by the law and court;

10) correction of the convict - forming at the condemned right obedient behavior, the positive attitude towards the personality, society, work, regulations, rules and ethics of behavior in society;

11) the isolated sites of pre-trial detention centers - rooms of pre-trial detention centers with cameras for content of convicts to imprisonment, and also convicts to arrest.

Chapter 2. General questions of execution of punishments and other measures of criminal law action

Article 4. 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 criminal offenses as condemned, and other persons.

2. According to the tasks of the criminal and executive legislation of the Republic of Kazakhstan specified by the purposes are:

1) regulation of procedure and conditions of execution and serving of punishments and other measures of criminal law action;

2) determination of means for reformation of convicts;

3) protection of the rights and freedoms of convicts;

4) assistance to convicts in social adaptation.

3. Execution of punishments and other measures of criminal law action does not aim at causing physical sufferings or humiliation of human dignity.

Article 5. Principles of the criminal and executive legislation of the Republic of Kazakhstan

The criminal and executive legislation of the Republic of Kazakhstan is based on the principles:

1) observance of the rights, freedoms and legitimate interests of man and citizen;

2) legality;

3) humanity;

4) differentiations of conditions of execution of punishments;

5) individualizations of execution of the punishment and other measures of criminal law action;

6) rational application of enforcement measures;

7) connections of punishment with corrective impact;

8) stimulations of right obedient and active socially useful behavior of convicts.

Article 6. Basis of execution of the punishment and other measures of criminal law action

The basis of execution of the punishment and other measures of criminal law action are the sentence or the court order which took legal effect, the act of amnesty and its application, the act of pardon.

Article 7. Fixed assets of correction of convicts

1. Fixed assets of correction of convicts are:

1) serving sentence mode;

2) educational impact;

3) maintenance of positive social links;

4) socially useful work;

5) receipt of initial, main average, general secondary, technical and professional education;

6) public impact.

2. Cures of convicts are applied taking into account type of punishment, nature, degree of public danger, form of fault and motives of committed criminal offense, the identity of the convict and his behavior in term of imprisonment.

Article 8. Participation of the public in correction of convicts

1. The trustee and public supervisory boards, committees of parents of convicts, labor unions, labor collectives registered in the procedure established by the legislation of the Republic of Kazakhstan public associations, religious associations, public and charity foundations, political parties, other organizations, and also citizens in the way can participate in correction of convicts:

1) carrying out sociological and other monitorings;

2) participations in development and public discussion of projects of regulatory legal acts in the field of criminal and executive activities;

3) participations in research, provision, distribution and observation of use of the humanitarian and charitable assistance to convicts;

4) development and program implementation and projects directed to enhancement of activities of criminal executive system and social legal assistance by the convict;

5) rendering other assistance to the organizations and bodies performing punishments and other measures of criminal law action in the forms which are not contradicting the legislation of the Republic of Kazakhstan.

2. The persons specified in part one of this Article, having no right to disclose the data on private life of the convict which became to them known without its consent.

Violation of the specified requirement attracts the responsibility established by the law.

Chapter 3. Legal status of convicts

Article 9. Bases of legal status of convicts

1. The Republic of Kazakhstan respects and protects the rights, freedoms and legitimate interests of convicts, provides legality of application of means of their correction, and also legal protection and personal security.

2. Convicts have the rights, freedoms and perform duties of citizens of the Republic of Kazakhstan with the restrictions set by the Constitution, the Criminal code and other laws of the Republic of Kazakhstan.

3. The condemned foreigners and stateless persons have the rights and freedoms in the Republic of Kazakhstan, and also perform the duties established for citizens if other is not provided by the Constitution, the laws of the Republic of Kazakhstan and international treaties.

4. The rights and obligations of convicts, and also restrictions of their rights are determined by this Code proceeding from procedure and conditions of execution of specific type of punishments and other measures of criminal law action.

5. Convicts cannot be exposed to any discrimination based on origin, social, official and property status, floor, race, nationality, language, the relation to religion, beliefs, the residence or on any other circumstances.

6. In case of arrival of the convict in the organization or body performing punishment, the administration shall provide in writing and explain to the convict under list information on its rights, obligations and right restrictions, and also regulations of the organizations or bodies performing punishment.

Article 10. Basic rights of convicts

1. Convicts have the right on:

1) obtaining from the organizations or bodies performing punishment, information on procedure, conditions of serving sentence and their changes;

2) the address with the plea for mercy addressed to the President of the Republic of Kazakhstan according to the legislation of the Republic of Kazakhstan;

3) the appeal with oral and written offers, statements and claims to administration of the organization or body performing punishment in their higher bodies, court, bodies of prosecutor's office, other state bodies and to officials, in public associations, and also the international organizations for protection of human rights and freedoms according to the legislation of the Republic of Kazakhstan;

4) recognition of their human dignity, protection against tortures, violence, another the cruel or degrading human dignity address or punishment;

5) personal security in term of imprisonment;

6) giving explanations and conducting correspondence, and also the address with offers, statements and claims in the native language or in any other language which they know, use in the cases provided by the law of translation service;

7) receipt of the qualified legal aid, including within rendering guaranteed by the state of legal aid in the form of consultations, references, creation of documents of legal nature, and also by preparation of the documents submitted in course of execution of sentences and resolutions of courts in the cases provided by paragraph one of part three of Article 475 and Items 4), 5), 5-1), 11), 13), 15), 17), 19) and 22) of Article 476 of the Code of penal procedure of the Republic of Kazakhstan and also other type according to the procedure established by the laws of the Republic of Kazakhstan;

8) health protection and receipt of qualified medical care according to the legislation of the Republic of Kazakhstan in the field of health care;

9) psychological assistance given by the staff of psychological service of organization and other persons having the right to rendering such help;

10) social provision and provision of pensions according to the legislation of the Republic of Kazakhstan;

11) safe working conditions, rest, leave, and also compensation according to the labor law of the Republic of Kazakhstan.

Convicts have also other rights according to this Code, regulatory legal acts establishing procedure and conditions of execution and serving of punishments and other measures of criminal law action.

2. The condemned foreigners and persons without citizenship have the right to keep in contact with the diplomatic representations and consular establishments of the states accredited in the Republic of Kazakhstan, and citizens of the countries which do not have the diplomatic and consular establishments accredited in the Republic of Kazakhstan - with the diplomatic representations of the states which undertook protection of their interests or the international organizations performing their protection.

3. The convicts who are disabled people with defects of the speech either hearing, or sight have the right to use services of the specialists knowing daktilno-sign language or Braille's alphabet.

4. Convicts cannot be subjected to clinical trials.

Article 11. Fundamental obligations of convicts

1. Convicts shall:

1) to fulfill the requirements established by this Code, other regulatory legal acts, and also the court verdict;

2) to follow regulations of the organizations and bodies performing punishment;

3) to fulfill legal requirements of staff of the organizations or bodies performing punishments and also persons authorized on control and supervision of behavior of convicts;

4) to be on challenge of administration of the organizations or bodies performing punishments and to offer explanations concerning execution of the punishment and other measures of criminal law action;

5) not to leave the territory of the Republic of Kazakhstan before complete serving of primary punishment or release from punishment, the expiration of probation of control, the expiration of delay of execution of the punishment;

6) it is polite to address personnel, other convicts, and also persons visiting the organizations and bodies performing punishments;

7) it is fair to treat work and study;

8) in the cases provided by the law to have obligatory and routine medical examinations for the purpose of timely detection of infectious diseases, and also survey for identification of the facts of the use of psychoactive agent and state of intoxication, receipt of bodily harms;

9) to undergo genomic registration according to the legislation of the Republic of Kazakhstan.

2. Non-execution by convicts of the obligations assigned to them attracts the responsibility established by the law.

Article 12. Ensuring personal security

1. In case of threat of life, to health or advantage to the convict from convicts and other persons he has the right to address in writing or orally any employee of the organization or body performing punishment with request for threat elimination.

The employee of the organization or body performing punishment shall take immediate measures for threat elimination, including by transfer and escort of the convict to the safe place.

In case of establishment of emergence of threat of life, to health or advantage of the organization condemned by administration or the body performing punishment they take immediate measures for its elimination, including by transfer of the convict to the safe place, irrespective of its consent.

2. In case of establishment of emergence of threat to two and more condemned administration of the organization or body performing punishment takes immediate measures for transfer of source of threat to the safe place irrespective of its consent.

3. Transfer of the convict to the safe place is made under the resolution of the chief of the organization or body performing punishment for a period of up to thirty days. The copy of the resolution on transfer of the convict no later than the next working day goes to the safe place to the prosecutor.

In case of absence of the chief the decision on transfer of the convict to the safe place is made by the duty assistant to the chief of the organization or body performing punishment before its arrival, but no more than for twenty four hours.

4. Prolongation of finding of the convict in the safe place is performed under the resolution of the chief of the organization or body performing punishment, approved with the prosecutor for a period of up to thirty days.

5. When preserving the threat specified in parts one and the second this Article, the administration of the organization or body performing punishment shall take measures for the direction of the convict in other organization or body performing punishment for further serving of punishment by it.

6. The convict transferred to the safe place serves sentence in the conditions of keeping determined to it before its transfer to the safe place.

7. The chief of the organization or body performing punishment shall render assistance to the bodies making the decision on application of security measures and performing them concerning the convict who is the participant of criminal trial.

8. As the safe place in organizations cameras of disciplinary insulators, rooms of temporary isolation, in places of serving of arrest - solitary confinements can be used.

Article 13. Providing right of convicts to liberty of conscience and religion

1. The right to liberty of conscience and religion is guaranteed to convicts.

2. Departure of religious practices is voluntary.

3. In case of departure of religious practices regulations of the organization or body performing punishment are followed. The actions integrated to motivation of their obligations condemned to refusal of execution provided by this Code and to other violations of the law of the Republic of Kazakhstan are not allowed.

4. At the request of convicts or their relatives in case of ritual need priests of the religious associations registered according to the procedure, established by the legislation of the Republic of Kazakhstan are invited.

5. The administration of the organization or body performing punishment creates conditions for departure of religious practices, and also ensures personal security of priests.

6. The construction of cult buildings (constructions) in the territory of the organizations and bodies performing punishment is forbidden.

Article 14. Addresses of convicts

1. The appeals of convicts to arrest, imprisonment, capital punishment addressed go to higher bodies of management of the organizations or bodies performing punishments, court, bodies of prosecutor's office, other state bodies, public associations, and also the international organizations for protection of human rights and freedoms through administration of the organizations or bodies performing punishments. Convicts can submit the addresses addressed in court, bodies of prosecutor's office and other state bodies in the form of the electronic document. Administrations of organizations provide submission of such appeals in places of direct accommodation of convicts to imprisonment, except for organizations with chamber conditions of keeping where submission of such appeals of administration is provided in available for the condemned places according to the procedure, established by regulations of organizations. Convicts send appeals to other types of punishments and measures of criminal law action independently.

2. In the organizations and bodies performing punishment functioning of special mailboxes for submission of addresses by convicts on wrongful acts of their officials is provided. With frequency once a week the addresses submitted to mailboxes are withdrawn by the prosecutor with participation of representatives of administration of the organization or body performing punishment about what the statement is drawn up. Special mailboxes are established in the territory and in premises of the organizations and bodies performing punishment in available for the condemned places.

3. The appeals of convicts to arrest, imprisonment, capital punishment addressed in the state bodies exercising control and supervision of activities of the organizations and bodies performing punishments and also to the Commissioner for Human Rights in the Republic of Kazakhstan are not subject to control and no later than one days go to the addressee.

4. Correspondence of the convict to imprisonment, arrest or capital punishment with the lawyer is not subject to control.

5. Convicts can send appeals about application of tortures and other cruel, inhuman or degrading treatment or punishment through participants of the national preventive mechanism to arrest, imprisonment, capital punishment.

6. The address on behalf of the convict cannot be provided by someone without its consent.

7. Addresses of convicts concerning decisions or actions of administration of the organizations and bodies performing punishments do not stop their execution, except the cases provided by the law.

8. The convict who made the complaint shall be notified on the decision made according to the claim. The refusal in grievance settlement shall be motivated.

9. The circulation of the claim to the detriment of the convict who made the complaint is not allowed.

Chapter 4. Competence of state bodies in the field of execution of punishments and other measures of criminal law action

Article 15. Competence of the Government of the Republic of Kazakhstan

1. The government of the Republic of Kazakhstan claims:

1) the list of the electronic means of tracking used by service of probation;

2) rules of accounting, storage, assessment and further use of the property turned (which is subject to the address) to property of the state on the separate bases;

3) list of technical means of supervision, control and protection of organizations of criminal executive system;

4) natural regulations of food and material and household providing the suspects, persons accused, convicts and children who are in children's homes of organizations of criminal executive system;

5) rules of providing with free pass, and also food or money for transit of persons exempted from serving sentence in the form of arrest or imprisonment to the residence or works;

6) No. 239-V ZRK is excluded according to the Law of the Republic of Kazakhstan of 29.09.2014

7) rules of rendering social legal assistance to persons staying on the registry of service of probation;

8) No. 239-V ZRK is excluded according to the Law of the Republic of Kazakhstan of 29.09.2014

9) No. 239-V ZRK is excluded according to the Law of the Republic of Kazakhstan of 29.09.2014

2. The government of the Republic of Kazakhstan performs other functions assigned to it by the Constitution, this Code, the laws of the Republic of Kazakhstan and acts of the President of the Republic of Kazakhstan.

Article 16. Competence of authorized body in the field of criminal and executive activities

1. The authorized body in the field of criminal and executive activities claims:

1) rules of visit of organizations of criminal executive system;

2) rules of the organization of activities for control and supervision of behavior of persons containing in organizations of criminal executive system, and production of examinations and searches;

3) rules of the organization of activities of service of probation;

4) rules of the direction of convicts in organizations of criminal executive system for serving sentence;

5) rules of movement of convicts to imprisonment during serving sentence;

6) rules of use of technical means of supervision, control and protection of organizations of criminal executive system;

7) entry rules of the mode of special conditions in organizations of criminal executive system;

8) rules of the organization of receipt of initial, main average, general secondary, technical and professional education of convicts to imprisonment - in coordination with authorized body in the field of education;

9) rules of carrying out educational work with convicts to imprisonment;

10) the instruction for creation of conditions for departure of religious practices by convicts to imprisonment;

11) rules of the organization of antituberculous care in organizations of criminal executive system, and also the list of the diseases which are the basis of release from serving sentence and procedure for medical examination of the convicts represented to release from serving sentence in connection with disease in coordination with authorized body in the field of health care;

12) rules of the organization of sanitary and epidemiological surveillance in organizations of criminal executive system - in coordination with authorized body in the field of consumer protection;

13) the instruction for implementation of protection of the bodies and organizations of criminal executive system intended for serving sentence of the condemned women, minors and organizations of the mode of complete safety;

14) rules of the organization of activities and internal rules and procedures of the special facilities performing execution of the punishment in the form of arrest;

15) regulations on the board of trustees under organizations of criminal executive system;

16) regulations of organizations of criminal executive system;

17) standard regulations on advisory advisory body under local executive bodies on assistance of activities of the organizations and bodies performing criminal penalties and other measures of criminal law action, and also the organization of public and other assistance to persons who served criminal penalties;

18) rules of provision of technical supportive (compensatory) means and special vehicles by the convict having disability and serving sentence in organizations, and being in custody - in coordination with authorized body in the field of social protection of the population;

19) governed on the organization of theological rehabilitation work with the condemned persons in organizations of criminal executive system.

2. The authorized body in the field of criminal and executive activities performs other functions provided by this Code, other laws, acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan.

Article 17. Competence of bodies of criminal executive system and organizations

1. Authorized body of criminal executive system:

1) is performed by distribution of convicts to imprisonment in organizations according to sentence or the court order;

2) sends convicts to organizations for serving of punishments;

3) assigns organizations to treatment and prevention facilities;

4) performs other functions provided by this Code, other laws, acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan.

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