ORDER OF THE MINISTER OF INTERNAL AFFAIRS OF THE REPUBLIC OF KAZAKHSTAN

of August 22, 2014 No. 551

About approval of Rules of the direction of convicts in organizations of criminal executive system for serving sentence

According to the subitem 4) of Article 16 of the Penitentiary code of the Republic of Kazakhstan of July 5, 2014 I ORDER:

1. Approve the enclosed Rules of the direction of convicts in organizations of criminal executive system for serving sentence.

2. (Berdalin B. M.) to provide to committee of criminal executive system of the Ministry of Internal Affairs of the Republic of Kazakhstan:

1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

2) in accordance with the established procedure official publication of this order in information system of law of Ad_let and official mass media;

3) placement of this order on Internet resource of the Ministry of Internal Affairs of the Republic of Kazakhstan.

3. To impose control of execution of this order on the deputy minister of internal affairs of the Republic of Kazakhstan police colonel Bisenkulov B. B. and Committee of criminal executive system of the Ministry of Internal Affairs of the Republic of Kazakhstan (Berdalin B. M.).

4. This order is subject to official publication and becomes effective since January 1, 2015.

Approved by the Order of the Minister of Internal Affairs of the Republic of Kazakhstan of August 22, 2014 No. 551

Rules of the direction of convicts in organizations of criminal executive system for serving sentence

General provisions

1. These rules of the direction of convicts in organizations of criminal executive system (further - penal correction system) for serving sentence determine procedure for the direction of convicts for serving sentence in penal correction systems organizations (further - organizations) according to requirements of Article 90 of the Penitentiary code of the Republic of Kazakhstan (further - WICK).

2. The direction of convicts to imprisonment for further serving sentence in organizations is performed based on written specifying (job specification) of Committee of criminal executive system of the Ministry of Internal Affairs of the Republic of Kazakhstan (further - Committee of penal correction system).

3. Convicts to imprisonment go to organization taking into account the conditions necessary for their correction, maintenance of socially useful bonds, safety and preventions of making of new offenses by them.

4. The direction of the convict for serving sentence in organization of the corresponding type of the mode of other area is allowed according to the decision of the penal correction system authorized body in the cases provided by part 3 of article 88 WICK.

4-1. In case of condemnation of person who is the resident of other area under preliminary approval of Committee of penal correction system it goes the pre-trial detention center, in the presence of places of content, to the relevant organization of that area where persons live with whom it supports socially useful bonds or in the place of the former or assumed later release of the residence.

The pre-trial detention center within three working days after adjudgement of court takes away from the convict the receipt of any form with indication of in them persons with whom it supports socially useful bonds, and sends places of their accommodation to Committee of penal correction system.

5. According to Item 2 of article 17 WICK the territorial authority of penal correction system sends convicts to the organizations assigned by authorized body of criminal executive system to territorial authority;

6. The direction of convicts in organizations are performed only on instructions (job specifications) of Committee of penal correction system.

7. The convicts sent to organizations on instructions (job specifications) of Committee of penal correction system cannot be sent further to other organizations without it (Committee of penal correction system) permissions.

8. Instructions (job specifications) of Committee of penal correction system prepare department of special accounting of Committee of penal correction system and go for execution to territorial authorities of penal correction system.

9. No. 440 is excluded according to the Order of the Minister of Internal Affairs of the Republic of Kazakhstan of 31.05.2023

10. Convicts to imprisonment go to organizations according to sentence or the court order.

10-1. For performance of works on economic servicing in organizations of extreme or complete safety convicts are involved in imprisonment which serving sentence is appointed in organization of average safety for the first time.

The direction of the convict in organization of extreme or complete safety for performance of works on economic servicing is performed in coordination with their chiefs.

The copy of the resolution on the direction of the convict no later than the next working day goes to organization of extreme or complete safety to the prosecutor.

11. Convicts from organizations of extreme, maximum and average safety go to organizations of the minimum safety based on instructions of Committee of penal correction system taking into account the conditions necessary for maintenance of social and useful bonds.

12. In case of violation of procedure for serving sentence in organization of the minimum safety, convicts return to that organization from where they were directed.

13. Convicts in case of dangerous recurrence of crimes, to lifelong imprisonment, to serving sentence in organization of complete safety which punishment in the form of capital punishment according to the procedure of pardon is replaced with imprisonment, the condemned women the condemned minors go for serving sentence in the location of the relevant organizations.

13-1. In case of impossibility of separate content of the condemned women - former employees of courts, law enforcement and special state bodies, persons authorized on control and supervision of behavior of convicts they go to organizations for content of the condemned women.

13-2. Persons which were earlier not leaving imprisonment for making of intentional crimes go to the organizations of the minimum safety intended for content of persons specified in Item 1 of part 5 of article 46 of the Criminal Code of Kazakhstan (further - UK): condemned for the crimes committed on imprudence; condemned for the crimes which are not connected using violence, provided by Chapters 7, of 8, of 9, 12 and 13 UK; condemned for the crimes provided by Chapter 15 of UK in case of full recovery by them the damage caused by crime; for the first time condemned for making of intentional crime for which penalty to imprisonment for a period of up to two years is imposed.

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