NORMATIVE RESOLUTION OF THE SUPREME COURT OF THE REPUBLIC OF KAZAKHSTAN

of June 23, 2006 No. 7

About court practice of purpose of types of organizations criminally - executive system to persons condemned to imprisonment

Due to the change of the penal legislation of the Republic of Kazakhstan regulating procedure for purpose of types of organizations of criminal executive system and for the purpose of ensuring the correct and uniform application of the law, the plenary session of the Supreme Court of the Republic of Kazakhstan decides:

1. The correct determination of type of organization of criminal executive system is important for goal achievement of punishment and provides individualization of execution of the punishment taking into account weight of the committed crime, the identity of the criminal, its age and floor. Courts need to be guided strictly by provisions of Articles 46, of 81 Criminal Code of Kazakhstan (further - UK) determining procedure for purpose of type of organization of criminal executive system in which person condemned to imprisonment shall serve sentence.

At the same time it must be kept in mind that the law excludes possibility of purpose of this or that type of organization of criminal executive system according to the judicial discretion.

2. Persons (men and women), convicts go to organizations of criminal executive system of the minimum safety:

for the crimes committed on imprudence irrespective of punishment term;

for the crimes which are not connected using violence, provided by Chapters 7, of 8, of 9, 12 and 13 UK;

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