Article 64. Cancellation of suspended sentence of the Criminal Code of the Republic of Kazakhstan, the Criminal Code of the Republic of Kazakhstan

1. If, before the expiration of the probation control period, the probationer has proved his correction by his behavior, the court, on the recommendation of the probation control authority, may decide to cancel the suspended sentence and to remove the criminal record from the convicted person. In this case, the suspended sentence may be revoked after at least half of the prescribed period.

2. The court, on the recommendation of the probation control authority, may extend the probation control period, but not for more than one year, in cases where a probationer has committed:

     1) an administrative offense infringing on public order and morality, the rights of minors, on the person and in the sphere of family and household relations, for which an administrative penalty was imposed on him;

     2) intentional damage (spoilage) of electronic tracking devices or failed to appear for registration without a valid reason or changed his place of residence without notifying the probation control authority;

     3) criminal misconduct.

3 In case of non-fulfillment by a probationer of the duties assigned to him by the court or repeated commission by the probationer of the violations specified in part two of this article, the court, on the recommendation of the body specified in part one of this article, decides to cancel the suspended sentence and execute the imposed punishment by a court verdict, and in respect of a minor convicted person may repeatedly extend the term of probation control, but not for more than one year.

4 In cases where a probationer commits a negligent or intentional minor crime during the probation period, and a probationer commits a minor or moderate crime, the issue of revoking or maintaining a suspended sentence is decided by the court when sentencing a new crime.

5 In cases where a probationer commits an intentional crime of moderate gravity, grave or especially grave crime during the probation period, and minors commit a grave or especially grave crime, the court cancels the suspended sentence and assigns punishment according to the rules for sentencing based on the totality of sentences. According to the same rules, punishment is imposed in the cases provided for in part four of this article.

President    

Republic of Kazakhstan     

© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan  

 Constitution Law Code Standard Decree Order Decision Resolution Lawyer Almaty Lawyer Legal service Legal advice Civil Criminal Administrative cases Disputes Defense Arbitration Law Company Kazakhstan Law Firm Court Cases