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Kazakhstan to broaden application of probation

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by November 30, 2016 Legal

Mazhilis of the Parliament approved the first reading of the draft law On Probation

Adoption of the law will significantly improve the resocialization criminal justice policy, provide the country with a system, where a citizen on probation will receive the state comprehensive socio-legal assistance, Minister of Internal Affairs Kalmukhanbet Kassymov introduced the bill.

According to the Minister, the probation service based on the existing criminal executive inspection was introduced to the penitentiary system of the country in 2012. The service then supervised only the category of conditionally sentenced under the judicial probation model. New Criminal Executive Code includes persons released on parole, sentenced to restriction of liberty and those under the administrative oversight.

Article 44 of the Criminal Code, providing for restriction of liberty as a measure of criminal punishment, directly orders to establish a 1-7 years long probation control in respect of persons sentenced for this kind of punishment. A new post-penitentiary model of probation has been introduced into practice.

Thus, now there are two models of probation in Kazakhstan. According to the Minister, there is proposed introduction of two new probation modes pretrial and penitentiary. This will contribute to improving and bringing the criminal legislation of Kazakhstan closer to the international practice. Pre-trial probation will involve social and legal assistance to the suspect aimed at correcting his behavior, preventing committing new criminal offenses.

This type of probation will be applied in respect to juveniles, the disabled, women aged 58 and over, pregnant women having children under the age of 3 years, men aged 63 and over who are raising alone the children in the age of 3 years.

The penitentiary probation involves probation service and administration of the criminal executive systems institutions the joint development and implementation of an individual resocialization program, which includes preparation for release and post-penitentiary probation.

The penitentiary probation is for prisoners serving a fixed-term sentence, which have one year prior to release. At present, such work is carried with the prisoners having six months to serve.

The Mazhilismen approved the consequential amendments to the legislation in the first reading.

Source: Government of the Republic of Kazakhstan


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