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Community Service
Article 43 of the Criminal Code of the Republic of Kazakhstan (CC RK) regulates the application of punishment in the form of community service. Below is a detailed legal commentary with analysis, practical examples, and references to other codes and international norms.
📘 General Provisions
Community service is a type of criminal punishment consisting of the performance by the convicted person of unpaid socially useful work that does not require special qualifications. Such work is organized by local executive authorities in public places.
⚖️ Conditions of Imposition
- Duration of community service:
- For criminal misdemeanors: from 20 to 200 hours.
- For minor and medium-gravity crimes: from 200 to 1,200 hours.
Community service is performed for no more than four hours a day. During this period, the convicted person is released from his or her primary work duties or serves it during free time from studies.
Exceptions:Community service is not imposed on:
- Pregnant women.
- Women with children under the age of three.
- Men who are single parents raising children under the age of three.
- Women aged 58 and older.
- Men aged 63 and older.
- Persons with disabilities of the first or second group.
- Military personnel.
🔄 Substitution of Punishment for Evasion
If the convicted person evades community service, it is substituted as follows:
- For those convicted of a criminal misdemeanor: one day of arrest for every four hours of unserved community service.
- For those convicted of a crime: restriction of liberty or imprisonment, calculated as one day of restriction or imprisonment for every four hours of unserved community service.
📚 Related Legal Acts
- Criminal Executive Code of the Republic of Kazakhstan (CEC RK):
- Article 30: defines the procedure for enforcing punishment in the form of community service.
- Article 31: establishes the obligations of the convicted person while serving community service.
- Article 32: regulates the accounting of time served by the convicted person.
- Criminal Procedure Code of the Republic of Kazakhstan (CPC RK):
- Article 476: defines issues to be considered by the court during the execution of a sentence, including substitution of punishment in case of evasion from community service.
🌐 International Norms
The Republic of Kazakhstan is a party to international treaties that provide for humane treatment of convicts, including:
- The International Covenant on Civil and Political Rights.
- The Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
These documents oblige the state to ensure that punishments do not cause physical suffering and do not degrade human dignity.
🧠 Conclusion
Community service as a type of criminal punishment in the Republic of Kazakhstan is a measure of state coercion aimed at restoring social justice, correcting the convicted person, and preventing the commission of new criminal offenses. Its application must be proportionate to the severity of the committed act and take into account the individual characteristics of the convicted person.
Attention!
Law and Law Law Law draws your attention to the fact that this document is basic and does not always meet the requirements of a particular situation. Our lawyers are ready to assist you in legal advice, drawing up any legal document suitable for your situation.
For more information, please contact a Lawyer / Attorney by phone: +7 (708) 971-78-58; +7 (700) 978 5755, +7 (700) 978 5085.
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