of October 19, 2001 No. 15
About some questions of assignment of punishment in the form of imprisonment
Having discussed results of generalization of court practice of assignment of punishment in the form of imprisonment, the plenary session of the Supreme Court of the Republic of Kazakhstan notes that in case of application of this type of punishment courts make serious mistakes.
Courts do not always observe the general beginnings of assignment of punishment provided by Art. 52 of UK that leads to violation of the principle of individualization of punishment. Unreasonable appointment of imprisonment in the presence of the bases for application of other less stiff punishment is allowed. Cases of application of unfairly soft measures of punishment to the persons who committed heavy and especially serious crimes or repeatedly judged and constituting the increased danger to society take place.
For the purpose of ensuring the correct and uniform permission of the questions arising in court practice in case of assignment of punishment in the form of imprisonment, plenary meeting Decides:
1. Draw the attention of courts to need of unconditional observance on each criminal case of the general beginnings of assignment of punishment established by Art. 52 of UK, meaning that unjust punishment owing to its excessive severity or softness does not promote punishment goal achievement.
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The document ceased to be valid since July 14, 2015 according to Item 27 of the Normative Resolution of the Supreme Court of the Republic of Kazakhstan of June 25, 2015 No. 4