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

Chapter 1. General provisions

1. These rules of the direction of convicts in organizations of criminal executive system (further - penal correction system) are developed for serving sentence according to requirements of Articles 88 and 90 of the Penitentiary code of the Republic of Kazakhstan of July 5, 2014 (further - WICK) and determine procedure for the direction of convicts from pre-trial detention centers for serving sentence in penal correction systems organizations (further - organizations).

2. Convicts go to the organizations assigned to territorial authority (further - Department of penal correction system) based on written specifying of Department of penal correction system (further - the job specification).

3. In the absence of organization of the corresponding type assigned to Department of penal correction system or exceeding of limit of places of serving sentence convicts go to organizations based on the job specification of authorized body of criminal executive system (further - Committee of penal correction system).

Chapter 2. Procedure for the direction of convicts for serving sentence in organizations

4. Convicts go for serving sentence to organizations no later than ten calendar days from the date of receipt of the pre-trial detention center of the court order by administration about execution of the sentence which took legal effect.

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 to the relevant organization of that area where persons live with whom it supports socially useful bonds.

At the same time, registration term at the place of residence of persons with whom the convict supports socially useful bonds, is considered if it constitutes at least six months from the date of registration.

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. The administration of the pre-trial detention center within two working days after the introduction in legal force of sentences, resolutions of courts concerning convicts, sends to their families written notices of the place of the direction of convicts.

6. Persons to whom the measure of restraint is applied - detention within three working days after their arrival study these rules with familiarizing in personal records of the receipt in any form of acquaintance.

7. Convicts under list examine sentences, resolutions of courts and orders of courts about execution of sentences in daily time from the date of their receipt to the pre-trial detention center.

8. In case of not receipt of sentences, resolutions or orders of courts on execution of sentences or detection in them any ambiguities, these documents, explanations or the corrected documents without delay are requested from courts.

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. After satisfaction with court of idea of transfer of convicts from organization of the minimum safety in organization which type was earlier determined by the court verdict or to which they were sent according to the court verdict, about parole cancellation, about replacement of unexpired term of punishment by imprisonment convicts go to pre-trial detention centers for the further direction in organizations of the corresponding type according to the procedure, determined by these rules.

After arrival in the pre-trial detention center convicts within three working days study these rules with familiarizing in personal records of the receipt on acquaintance in any form.

12. Convicts after departure of term of punishment in organization of complete safety go to pre-trial detention centers from which they arrived for the further direction to organizations of the corresponding type according to the procedure, determined by these rules.

13. Convicts - the former employees of courts, law enforcement and special state bodies, persons authorized on control and supervision of behavior of convicts contain in separate organizations, is not dependent on quantity of criminal records.

The administration of the pre-trial detention center concerning these persons, from the date of their receipt to the pre-trial detention center holds events for factual determination of work in the past in court, law enforcement, special state bodies or control and supervision of behavior of convicts.

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