LAW OF THE REPUBLIC OF KAZAKHSTAN

of March 17, 2023 No. 212-VII ZRK

About modification and amendments in some legal acts of the Republic of Kazakhstan concerning human rights in the field of criminal trial, execution of the punishment, and also the prevention of tortures and others cruel, inhuman or degrading treatments

Article 1. Make changes and additions to the following legal acts of the Republic of Kazakhstan:

1. In the Criminal Code of Kazakhstan of July 3, 2014:

The fifth and sixth Article 46 to state 1) to part in the following edition:

"5. Serving of imprisonment is appointed:

1) in organizations of criminal executive system of the minimum safety:

to persons condemned for the crimes committed on imprudence;

to persons condemned for the crimes which are not connected using violence, provided by Chapters 7, of 8, of 9, of the 12 and 13 of this Code;

to persons condemned for the crimes provided by Chapter 15 of this Code in case of full recovery by them the damage caused by crime;

to persons for the first time condemned for making of intentional crime for which penalty to imprisonment for a period of up to two years is imposed.

Provisions of this Item do not extend to persons condemned to imprisonment for making of the crimes provided by parts 1-1, of the second, third and fourth Article 366, parts two, third and fourth Article 367, part two of article 368 of this Code;

2) in organizations of criminal executive system of average safety:

to the persons condemned to imprisonment for the term of over two years for making of intentional crimes, who were earlier not leaving imprisonment;

to the persons condemned to imprisonment for making of the crimes provided by parts 1-1, of the second and third Article 366, parts two and third Article 367, part two of article 368 of this Code, who were earlier not leaving imprisonment;

to persons which were earlier not leaving imprisonment which penalty, corrective works, attraction to social jobs, restriction of freedom are replaced with imprisonment;

3) in organizations of criminal executive system of the maximum safety:

to the persons condemned to imprisonment, who were earlier leaving imprisonment for making of intentional crime;

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