On Amendments and Addenda to Some Legal Acts of the Republic of Kazakhstan on Probation Service
Law of the Republic of Kazakhstan No. 556-IV ZRK dated February 15, 2012
Kazakhstanskaya Pravda No. 48 dated February 16, 2012 (26867); Egemen Kazakhstan No. 62 dated February 16, 2012 (27134)
Article 1. Amendments and addenda shall be introduced to the following legal acts of the Republic of Kazakhstan:
1. Criminal Code of the Republic of Kazakhstan dated July 16, 1997 (Gazette of the Parliament of the Republic of Kazakhstan: 1997, No. 15-16, Article 211; 1998, No. 16, Article 219; No. 17-18, Article 225; 1999, No. 20, Article 721; No. 21, Article 774; 2000, No. 6, Article 141; 2001, No. 8, Articles 53 and 54; 2002, No. 4, Articles 32 and 33; No. 10, Article 106; No. 17, Article 155; No. 23-24, Article 192; 2003, No. 15, Article 137; No. 18, Article 142; 2004, No. 5, Article 22; No. 17, Article 97; No. 23, Article 139; 2005, No. 13, Article 53; No. 14, Article 58; No. 21-22, Article 87; 2006, No. 2, Article 19; No. 3, Article 22; No. 5-6, Article 31; No. 8, Article 45; No. 12, Article 72; No. 15, Article 92; 2007, No. 1, Article 2; No. 4, Article 33; No. 5-6, Article 40; No. 9, Article 67; No. 10, Article 69; No. 17, Article 140; 2008, No. 12, Article 48; No. 13-14, Article 58; No. 17-18, Article 72; No. 23, Article 114; No. 24, Article 126; 2009, No. 6-7, Article 32; No. 13-14, Article 63; No. 15-16, Articles 71, 73 and 75; No. 17, Articles 82 and 83; No. 24, Articles 121, 122, 125, 127, 128 and 130; 2010, No. 1-2, Article 5; No. 7, Articles 28 and 32; No. 11, Article 59; No. 15, Article 71; No. 20-21, Article 119; No. 22, Article 130; No. 24, Article 149; 2011, No. 1, Article 9; No. 2, Articles 19 and 28; the Law of the Republic of Kazakhstan dated November 9, 2011 on Amendments and Addenda to Some Legal Acts of the Republic of Kazakhstan on Matters of Improvement of Enforcement Activity for Further Humanization of the Criminal Laws published in the Egemen Kazakhstan dated November 15 and 16, 2011 and Kazakhstanskaya Pravda dated November 15, 16 and 19, 2011; the Law of the Republic of Kazakhstan on Amendments and Addenda to Some Legal Acts of the Republic of Kazakhstan on Space Activity Matters published in the Egemen Kazakhstan and Kazakhstanskaya Pravda on January 18, 2012):
1) Part 5-1 of Article 63 shall be amended as follows:
"5-1. When sentencing for probation, a court imposes probationary control and certain obligations on the convicted person, such as not to change his/her permanent residence, place of work or study without a notice to a specialized state authority controlling the probationer’s behavior, not to visit particular places, to undergo an anti-alcohol, drug addiction, toxicomania, sexually transmitted disease or HIV/AIDS treatment or to provide financial support to the family. A court may impose other obligations on a probationer that would ensure his/her correction.”;
2) Parts 2 and 3 of Article 64 shall be amended as follows:
"2. If a probationer has committed an administrative offence offending public order and morals, minors’ rights, a person and family relations for which he/she has been charged an administrative penalty, intentional damage of electronic surveillance means and unreasonable failure to appear for registration, change of place of residence that has not been authorized by an authority controlling the probationer’s behavior and failure to fulfill obligations imposed by the court, the court, upon advice of the authority specified in Part 1 of this Article, may prolong the probation period and impose enhanced probationary control, but not longer than for one year.
3. If during a probation period a probationer committed violations specified in Part 2 of this Article or failed to meet a legal requirement or offended or threatened to commit violent acts towards employees of an authority controlling the probationer’s behavior or if the probationer has avoided such control, the court, upon advice of the authority specified in Part 1 of this Article, shall rule to cancel probation and execute punishment imposed by a court judgment.”.
2. Criminal Procedure Code of the Republic of Kazakhstan dated December 13, 1997 (Gazette of the Parliament of the Republic of Kazakhstan: 1997, No. 23, Article 335; 1998, No. 23, Article 416; 2000, No. 3-4, Article 66; No. 6, Article 141; 2001, No. 8, Article 53; No. 15-16, Article 239; No. 17-18, Article 245; No. 21-22, Article 281; 2002, No. 4, Articles 32 and 33; No. 17, Article 155; No. 23-24, Article 192; 2003, No. 18, Article 142; 2004, No. 5, Article 22; No. 23, Article 139; No. 24, Articles 153, 154 and 156; 2005, No. 13, Article 53; No. 21-22, Article 87; No. 24, Article 123; 2006, No. 2, Article 19; No. 5-6, Article 31; No. 12, Article 72; 2007, No. 1, Article 2; No. 5-6, Article 40; No. 10, Article 69; No. 13, Article 99; 2008, No. 12, Article 48; No. 15-16, Articles 62 and 63; No. 23, Article 114; 2009, No. 6-7, Article 32; No. 15-16, Articles 71 and 73; No. 17, Articles 81 and 83; No. 23, Articles 113 and 115; No. 24, Articles 121, 122, 125, 127, 128 and 130; 2010, No. 1-2, Article 4; No. 11, Article 59; No. 17-18, Article 111; No. 20-21, Article 119; No. 22, Article 130; No. 24, Article 149; 2011, No. 1, Article 9; No. 2, Articles 19 and 28; the Law of the Republic of Kazakhstan dated November 9, 2011 on Amendments and Addenda to Some Legal Acts of the Republic of Kazakhstan on Matters of Improvement of Enforcement Activity for Further Humanization of the Criminal Laws published in the Egemen Kazakhstan dated November 15 and 16, 2011 and Kazakhstanskaya Pravda dated November 15, 16 and 19, 2011; the Law of the Republic of Kazakhstan on Amendments and Addenda to Some Legal Acts of the Republic of Kazakhstan on Space Activity Matters published in the Egemen Kazakhstan and Kazakhstanskaya Pravda on January 18, 2012):
Clauses 4) and 5) of Part 1 of Article 380 shall be amended as follows:
"4) the type and amount of penalty imposed on an accused person for each crime for which he/she has been found guilty and a decision on probation cancellation or continuation according to a previous sentence, as well as final punishment that shall be served based on Articles 58 and 60 of the Criminal Code of the Republic of Kazakhstan.
When sentencing for imprisonment, a court shall indicate the type and regime of the institution where the convicted person shall serve the sentence and when applying punishment nonrelated to separation of the convicted person from the society, the court shall oblige the convicted person to appear in a penal inspectorate for registration within a ten-day period after the sentence has come in effect;
5) in case of probation, the duration of a probation period and obligations imposed on the convicted person; in this respect, the court shall explain liability stipulated by Article 64 of the Criminal Code of the Republic of Kazakhstan;”.
3. Criminal Procedure Code of the Republic of Kazakhstan dated December 13, 1997 (Gazette of the Parliament of the Republic of Kazakhstan: 1997, No. 24, Article 337; 2000, No. 6, Article 141; No. 8, Article 189; No. 18, Article 339; 2001, No. 8, Article 53; No. 17-18, Article 245; No. 24, Article 338; 2002, No. 23-24, Article 192; 2004; No. 5, Article 22; No. 23, Articles 139 and 142; No. 24, Article 154; 2005, No. 13, Article 53; 2006, No. 11, Article 55; 2007, No. 2, Article 18; No. 5-6, Article 40; No. 9, Article 67; No. 10, Article 69; No. 17, Article 140; No. 20, Article 152; 2008, No. 23, Article 114; 2009, No. 15-16, Article 73; No. 24, Articles 128 and 130; 2010, No. 7, Article 28; 2011, No. 2, Article 19):
1) in the heading:
the following heading shall be added to Article 7-1:
"Article 7-1. Probation in the Penal Enforcement System ";
the headings of Articles 181, 182 and 183 shall be amended as follows:
"Article 181. Procedure for Behavioral Control of Military Probationers
Article 182. Procedure for Probationary control over Probationers’ Behavior and Provision of Social Legal Assistance
Article 183. Calculation of a Probation Period and Probationary control Period";
2) Article 7-1 shall be added as follows:
"Article 7-1. Probation in the Penal Enforcement System
Probation in the penal enforcement system is a set of social and legal measures elaborated and implemented by a penal inspectorate probation service individually in relation to each convicted person while on his/her probation and under probationary control for further correction of their behavior to prevent from new crimes.”;
3) Clause 9 of Article 14 shall be amended as follows:
"9. Probationers shall be placed under probationary control of a penal inspectorate probation service providing social legal assistance to ensure further correction of their behavior and new crime prevention. Military probationers shall be supervised by their military command.”;
4) Clause 6-1 of Article 77 shall be amended as follows:
"6-1. Upon administrative approval, local executive authorities of an oblast, city of republican significance or capital shall establish territorial borders adjacent to a correctional facility.
Upon administrative approval, local executive authorities of an oblast, city of republican significance or capital shall establish zoning of a territory adjacent to a correctional facility.”;
5) Articles 181, 182, 183 and 184 shall be amended as follows:
"Article 181. Procedure for Behavioral Control over Military Probationers
1. Behavior of military probationers while on probation shall be controlled by command of their military units.
2. Probationers must report about their behavior to their command, fulfill obligations imposed by a court and appear for registration twice a month. In case of an unreasonable failure to appear for registration, a probationer may be subject to detention.
Article 182. Procedure for Probationary Control over Probationers’ Behavior and Provision of Social Legal Assistance
1. Probationary control is activity carried out by a penal inspectorate probation service ensuring control over fulfillment of obligations imposed on probationers by court and their behavior together with help to obtain social legal assistance during their probation period.
2. When registering a probationer placed under probationary control, a penal inspectorate probation service shall:
1) examine the convicted person’s character and determine his/her health conditions, educational level, employment, availability of a place of residence, as well as verify other information required for determination of the scope of social legal assistance;
2) explain the procedure for provision of social legal assistance, execution and termination of probationary control and specify dates of appearance to the penal inspectorate probation service for registration;
3) explain the procedure for fulfillment of obligations imposed by the court, imposition of liability for a failure to fulfill such obligations and violation of the probationary control procedure.
Activity of a penal inspectorate probation service shall be arranged in accordance with the procedure specified by a penal authority.
3. Based on the presentence investigation results obtained by a penal inspectorate probation service, an individual social legal assistance program shall be prepared.
4. Main areas of social legal assistance for a probationer are assistance with training, learning of trade, employment, medical care and legal aid.
5. When providing social legal assistance for probationers in accordance with an individually developed program, local executive authorities, non-governmental and other organizations provide assistance to a penal inspectorate probation service.
6. The procedure for provision of social legal assistance for probationers is specified by the Government of the republic of Kazakhstan.
7. When a probationer has been imposed an additional penalty in form of prohibition to take certain positions or carry out certain activities, the penal inspectorate shall fully undertake all measures provided for by Articles 24 – 29 of this Code.
8. Probationers must report about their behavior to a penal inspectorate probation service, fulfill obligations imposed by a court and appear twice a month, or, in case of enhanced probationary control, four times a month for registration, or as called to the penal inspectorate probation service. In case of an unreasonable failure to appear, the probationer may be subject to detention.
9. To ensure due probationary control and receipt of information about the location of convicted persons, a penal inspectorate probation service may use electronic tracking means the types of which are determined by the Government of the Republic of Kazakhstan. A penal authority determines the procedure for application of such means by a penal inspectorate probation service.
10. If a probationer avoids probationary control, a penal inspectorate probation service shall undertake initial measures to locate the probationer and find out the reasons for such avoidance.
Article 183. Calculation of a Probation Period and Probationary Control Period
1. A probation period and probationary control period are calculated from the date when a sentence came in effect.
2. Upon expiry of a probation period, probationary control over the probationer shall be cancelled and the probationer shall be taken off the records of the penal inspectorate probation service.
3. If a convicted person has been called up for active military service, a local military command structure shall be provided with a copy of the sentence and other documents, if required, that are necessary for supervision of the probationer’s behavior at his duty station. Within ten days, the military command must inform the penal inspectorate probation service about registration of the probationer and his dismissal from the military service upon its termination.