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Corrective labor is not imposed on persons recognized as unemployable or enrolled in educational institutions
Article 42 of the Criminal Code of the Republic of Kazakhstan (CC RK) defines corrective labor as a type of criminal punishment. Below is a detailed legal commentary with analysis, practical examples, and references to related articles of other codes and international standards.
📘 General Provisions
According to Article 42 of the CC RK, corrective labor represents a monetary penalty imposed in an amount corresponding to a certain number of monthly calculation indices (MCI), established by the legislation of the Republic of Kazakhstan and effective at the time of the criminal offense.
Corrective labor is enforced through monthly deductions and transfers to the Victims’ Compensation Fund in the range of 10% to 50% of the convicted person’s wages (or monetary allowance), after deducting payments periodically due (collected) for alimony, compensation for harm caused by injury or other damage to health, as well as compensation related to the death of a breadwinner.
⚖️ Punishment Amount
- For criminal infractions: corrective labor is set within the range of 20 to 200 MCI.
- For crimes: corrective labor is set within the range of 200 to 10,000 MCI.
When imposing corrective labor, the court determines its amount taking into account the severity of the criminal offense, as well as the property and family situation of the convicted person.
🔄 Substitution of Punishment
If the convicted person loses their ability to work, they may be released from serving the remaining portion of the punishment, or the unserved part may be replaced with a fine.
If other circumstances arise that prevent the execution of corrective labor, it may be substituted as follows:
- For those convicted of a criminal infraction: with community service or arrest, at the rate of one hour of community service per one uncollected MCI, or one day of arrest per four uncollected MCI.
- For those convicted of a minor or medium-gravity crime: with restriction of freedom or imprisonment, at the rate of one day of restriction of freedom or imprisonment per four uncollected MCI.
- For those convicted of a serious crime: with imprisonment, at the rate of one day of imprisonment per four uncollected MCI.
🚫 Restrictions
Corrective labor is not imposed on persons recognized as unemployable, those without permanent employment, or students enrolled in educational institutions with full-time study.
📚 Related Regulations
- Article 52 of the Penal Enforcement Code of the Republic of Kazakhstan: defines the procedure for enforcing punishment in the form of corrective labor.
- Instruction on the Execution of Punishments Not Related to Isolation from Society: approved by the Order of the Ministry of Justice of the Republic of Kazakhstan, regulating the procedure for enforcing corrective labor.
🌐 International Standards
The Republic of Kazakhstan is a party to international treaties that provide for humane treatment of convicted persons, including:
- The International Covenant on Civil and Political Rights.
- The Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
These documents obligate the state to ensure that punishments do not inflict physical suffering or humiliate human dignity.
🧠 Conclusion
Corrective labor, as a type of criminal punishment in the Republic of Kazakhstan, constitutes 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!
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