Probation in the Republic of Kazakhstan Printable versionLast update: 05.04.2020
On December 30, 2016 the Law of the Republic of Kazakhstan "On Probation" was adopted. The new law is based on many years of experience of the bodies of the penal system, the requirements of the new rules of the Criminal Code of the Republic of Kazakhstan (hereinafter - the Criminal Code), the Criminal Procedure Code of the Republic of Kazakhstan (hereinafter - CPC) Penal Enforcement Code of the Republic of Kazakhstan (hereinafter - PEC) on probation, 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, Public Council on the activities of law enforcement bodies, legal experts.
Probation is a system of activities and individually defined control and socio-legal measures aimed at correcting the behavior of persons whose categories are defined to prevent the commission of new criminal offenses.
The purpose of probation is to assist in ensuring the safety of society by:
- correction of the behavior of the suspect, the accused;
- re-socialization of the convict;
- social adaptation and rehabilitation of a person released from the institution of the penal-executive (penitentiary) system.
In accordance with this goal, probation tasks are:
- providing social and legal assistance to persons who are registered with probation services;
- the enforcement of certain types of punishments that are not related to deprivation of liberty;
- control over the convict who is serving a sentence in the form of restraint of liberty, sentenced conditionally, released on parole from serving a sentence of imprisonment;
- participation in the preparation for the release of a convict who is serving a sentence in the institution of a penal-executive (penitentiary) system.
The probation service is a body of the penitentiary system, which exercises executive and administrative functions to ensure the enforcement of criminal penalties without isolation from society, as well as the organization and functioning of probation.
What types of probation exist?
Depending on the types of probation - the law distinguishes and fixes four types.
Pre-trial probation is an activity and a set of measures to provide social and legal assistance to a suspect, a defendant, aimed at correcting their behavior;
Pre-trial probation is applied on a voluntary basis with respect to suspects, accused persons:
- disabled persons;
- women: at the age of 58 and over the years;
having children under the age of three.
- men: at the age of 63 and over years;
bringing up single children under the age of three.
Pre-trial probation does not apply to persons to whom a measure of restraint in the form of house arrest or detention is applied.
Sentence probation is an activity and a set of measures to establish and implement probation control in relation to persons convicted of restraint of liberty, as well as convicted prisoners, and to provide 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 of imprisonment in the institutions of the penal-executive (penitentiary) system.
Post-penitentiary probation is an activity and a set of measures to establish and implement probation control in relation to persons released from the institutions of the penitentiary system (penitentiary system) and to provide them with social and legal assistance.
The forms of probation?
- Probation is carried out in the forms of probation control and provision of social and legal assistance to persons who are registered with the probation service.
- Probation control is the activity of the probation service and the police in exercising control over the performance by persons who are on their account of the duties assigned to them by law and by the court.
- Social and legal assistance - a set of measures implemented on the basis of an individual program of providing social and legal assistance to subjects who are probation, aimed at resocialization, social adaptation and rehabilitation of persons for whom probation is applied.
Peculiarities of probation in relation to a minor
The probation in relation to the minor is carried out:
- Taking into account its individual and age features;
- With the involvement of the family;
- When interacting with the bodies exercising the functions of guardianship or guardianship, and organizations performing functions to protect the rights of the child;
- When interacting with citizens, public associations and other legal entities on issues of providing social and legal assistance to a minor.
The probation service carries out probation control in relation to the minor:
- sentenced to punishment in the form of restriction of freedom.
- condemned conditionally