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Home / RLA / Article 86. Conditional early release of minors from serving sentences of the Criminal Code of the Republic of Kazakhstan, the Criminal Code of the Republic of Kazakhstan

Article 86. Conditional early release of minors from serving sentences of the Criminal Code of the Republic of Kazakhstan, the Criminal Code of the Republic of Kazakhstan

АMANAT партиясы және Заң және Құқық адвокаттық кеңсесінің серіктестігі аясында елге тегін заң көмегі көрсетілді

Article 86. Conditional early release of minors from serving sentences of the Criminal Code of the Republic of Kazakhstan, the Criminal Code of the Republic of Kazakhstan

1 Persons sentenced to imprisonment, restriction of liberty or correctional labor for committing a crime at a minor age, in the absence of serious violations of the established procedure for serving or executing a sentence, are subject to parole after actual serving or execution.:

     1) at least one-fourth of the term or amount of punishment imposed by a court for a crime of minor or moderate gravity;

     2) at least one third of the term or amount of punishment imposed by the court for a serious crime;

     3) at least half of the term of punishment imposed by the court for a particularly serious crime that does not involve an attempt on human life;

     4) not less than two thirds of the term of punishment imposed by the court for a particularly serious crime involving an attempt on human life.

3 In cases where a person released on parole commits a crime of negligence, intentional criminal misconduct, or intentional minor offense during the probation period, the issue of revoking or maintaining parole is decided by the court when sentencing for a new crime. If the court cancels the parole, the punishment is imposed according to the rules of sentencing based on the totality of sentences.

4 In cases where a person released on parole commits an intentional crime of moderate gravity, grave or especially grave crime during the probation period, the court cancels the conditional early release and appoints punishment according to the rules of sentencing based on the totality of sentences.

 

 

 

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Republic of Kazakhstan     

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When considering petitions for parole (conditional early release, hereinafter — parole) or for the substitution of punishment with a more lenient type of penalty (hereinafter — substitution of punishment), courts must take into account the individual characteristics of the convicted person and the specific circumstances of the case materials.

When considering petitions for parole (conditional early release, hereinafter — parole) or for the substitution of punishment with a more lenient type of penalty (hereinafter...

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