Probation in the Republic of Kazakhstan Printable versionLast update: 20.03.2023
On December 30, 2016, the Law of the Republic of Kazakhstan "On Probation" was adopted. The Law "On Probation" is based on many years of experience of the penal enforcement system, the requirements of the new norms of the Criminal Code (Criminal Code of the Republic of Kazakhstan), Criminal Procedure Code of the Republic Kazakhstan, Penal Enforcement Code of the Republic of Kazakhstan on probation issues, it also takes into account the experience of other countries in the field of probation, recommendations of international and national non-governmental human rights organizations, the Public Council on the activities of internal affairs bodies, legal experts.
Probation is a system of activities and individually defined control and socio-legal measures aimed at correcting the behavior of individuals to prevent them from committing new criminal offenses.
The purpose of probation is to assist in ensuring safety of society through:
- correction of a suspect/an accused behavior;
- resocialization of a convict;
- social adaptation and rehabilitation of a person released from an institution of penal enforcement (penitentiary) system.
Based on the goal , the tasks of probation are as follows:
- provision of social and legal assistance to individuals in respect of whom probation is applied;
- execution of non-custodial punishments defined by the law;
- implementation of probation control over a convict serving a sentence in the form of imprisonment, convicted on probation, released on parole from serving a sentence in the form of imprisonment;
- preparation for release of a convict serving a sentence in a penal enforcement (penitentiary) system institution.
Authorities of the probation service
The probation service is a body of the penal enforcement (penitentiary) system that performs executive and administrative functions to ensure execution of criminal penalties without isolation from society, as well as organization and functioning of probation.
What are the types of probation?
Depending on probation, the law distinguishes and provides four types.
Pre–trial probation: activities and a set of measures for preparation of a pre-trial report;
Pre-trial probation is applied on a voluntary basis in relation to the suspects/accused:
- the disabled;
- women: aged 58 and above;
- pregnant women;
- adults with young children under the age of three.
- men: aged 63 and above;
- an adult raising young children under the age of three alone.
Pre-trial probation is not applied to individuals to whom a preventive measure in the form of house arrest or detention has been applied.
Sentencing probation is an activity and a set of measures for the establishment and implementation of probation control in relation to persons sentenced to restriction of freedom, as well as those sentenced to probation, and providing them with social and legal assistance.
Penitentiary probation is an activity and a set of measures for the re–socialization of persons serving a sentence in institutions of penal enforcement (penitentiary) system.
Post–penitentiary probation is an activity and a set of measures to establish and implement probation control over individuals released from institutions of penal enforcement (penitentiary) system and to provide them with social and legal assistance.
What are the forms of probation?
- Probation is carried out in the forms of probation control and provision of social and legal assistance to individuals registered with the probation service.
- Probation control is the activity of the probation service and police to monitor the performance by individuals registered with them of the duties assigned to them by the law and court.
- Social and legal assistance is a set of measures implemented by probation entities aimed at resocialization, social adaptation and rehabilitation of individuals in respect of whom probation is applied.
Specific features of probation in relation to the underage
Probation in relation to an underage is carried out:
- with consideration to his/her individual and age characteristics;
- with involvement of family;
- when interacting with the bodies performing the functions of custodianship or guardianship and organizations protecting the rights of a child;
- when interacting with citizens, public associations and other legal entities.
The probation service carries out probation control in relation to an underage:
- sentenced to punishment in the form of restriction of freedom.
- convicted on probation.