LAW OF THE REPUBLIC OF KAZAKHSTAN

of April 18, 2017 No. 58-VI ZRK

About modification and amendments in some legal acts of the Republic of Kazakhstan concerning enhancement of the criminal and executive legislation

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

1. In the Code of the Republic of Kazakhstan of December 26, 2011 "About scrap (matrimony) and family" (Sheets of Parliament of the Republic of Kazakhstan, 2011, No. 22, Art. 174; 2012, No. 21-22, of Art. 124; 2013, No. 1, Art. 3; No. 2, Art. 13; No. 9, Art. 51; No. 10-11, of Art. 56; No. 14, Art. 72; 2014, No. 1, Art. 9; No. 6, Art. 28; No. 14, Art. 84; No. 19-1, 19-11, of the Art. 94, 96; No. 21, Art. 122; No. 22, Art. 128; 2015, No. 10, Art. 50; No. 20-VII, Art. 115; No. 22-11, of Art. 145; No. 23-11, of Art. 170; 2016, Art. No. 8-11, 67):

Heading of Article 233 to state 1) in table of contents in the following edition:

"Article 233. State registration of marriage (matrimony) with the person who is in custody or serving sentence in places of detention";

The subitem 20) of Item 1 of Article 1 to add 2) with the words "the minor (minors) staying on the registry of service of probation;";

The subitem 5) to state 3) to part two of Item 3 of Article 222 in the following edition:

"5) persons containing in the organizations performing punishment in the form of arrest and imprisonment - chiefs of the relevant organizations;";

Article 233 to state 4) in the following edition:

"Article 233. State registration of marriage (matrimony) with the person who is in custody or serving sentence in places of detention

1. State registration of marriage (matrimony) with the person who is in custody or serving sentence in places of detention is made by registering bodies in the presence of persons marrying (matrimony) in the room determined by administration of the relevant organization in the place of detention or serving sentence of person with observance of the conditions of marriage (matrimony) provided by this Code.

2. State registration of marriage (matrimony) with person who is in custody, registering body is made after the notification of person or body in which production there is case.".

2. In the Criminal Code of Kazakhstan of July 3, 2014 (The sheet of Parliament of the Republic of Kazakhstan, 2014, No. 13-I, 13-II, Art. 83; No. 21, Art. 122; 2015, No. 16, Art. 79; No. 21-III, Art. 137; No. 22-I, Art. 140; No. 22-III, Art. 149; No. 22-V, Art. 156; No. 22-VI, Art. 159; 2016, No. 7-II, Art. 55; No. 8-II, Art. 67; No. 12, Art. 87; No. 23, Art. 118; No. 24, Art. 126):

Article 46 to state 1) in the following edition:

"Article 46. Imprisonment

1. Imprisonment consists in isolation of the convict from society by the direction it in organization of criminal executive system.

2. Persons condemned to imprisonment which at the time of adjudgement did not perform eighteen years are located in organizations of criminal executive system of average safety for content of minors.

3. Imprisonment for making of the crimes provided by this Code is established for a period of six months up to fifteen years, and for especially serious crimes - up to twenty years or for life. For crimes on imprudence term of deprivation of freedom cannot exceed ten years. In case of replacement of penalty, corrective works or restriction of freedom with imprisonment it can be appointed to term less than six months. In case of partial or complete addition of terms of deprivation of freedom in case of assignment of punishment on cumulative offenses and in the cases provided by Article part five 47, part five of Article 71 and part five of article 77 of this Code, the maximum term of deprivation of freedom cannot be more than twenty five years, and on cumulative sentences - more than thirty years.

4. Lifelong imprisonment can be established for making of especially serious crimes and also as alternative of capital punishment. Lifelong imprisonment is not designated to persons who committed crime aged up to eighteen years, to women, men at the age of sixty three and over years. Lifelong imprisonment according to the procedure of pardon can be replaced with imprisonment with certain term.

5. Serving of imprisonment is appointed:

1) to persons condemned for the crimes committed on imprudence, to imprisonment, and also for the first time condemned for making of intentional crime for which penalty to imprisonment for a period of up to one year is imposed, - in organizations of criminal executive system of the minimum safety;

2) to persons, for the first time convicts to imprisonment for the term of over one year for making of intentional crimes of small or average weight and serious crimes, and to persons to whom penalty, corrective works, restriction of freedom are replaced with imprisonment, - in organizations of criminal executive system of average safety;

3) to persons, for the first time convicts to imprisonment for making of especially serious crimes, and also in case of recurrence of crimes or in the absence of recurrence if the convict left imprisonment earlier, and to women in case of dangerous recurrence of crimes - in organizations of criminal executive system of the maximum safety;

4) in case of dangerous recurrence of crimes, and also to persons condemned to lifelong imprisonment - in organizations of criminal executive system of extreme safety.

In case of cumulative sentences for serving of imprisonment more severe looking of the organization established by one of sentences entering set is determined.

6. To persons condemned to imprisonment for the term of over five years for making of especially serious crimes and also in case of dangerous recurrence of crimes, serving of part of term of punishment, but no more than five years, in organizations of criminal executive system of complete safety can be appointed.

7. Change of type of the organization appointed sentence is made by court according to Article 96 of the Penitentiary code of the Republic of Kazakhstan.";

2) in Article 81:

the eighth to state part in the following edition:

"8. Imprisonment by minor convicts is left in organizations of criminal executive system of average safety for content of minors."; the ninth to exclude part;

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