Article 38. The Concept and Purposes of Punishment

1. Punishment shall be a measure of state coercion which is appointed pursuant to a court's sentence. Punishment shall apply to a person who was found guilty in the commission of a crime, and it shall consist of imprisonment or restriction of the rights and freedoms of that person which are stipulated by the present Code.

2. Punishment shall apply for the purpose of restoration of social justice, as well as correction of a given convict, and prevention of the commission of new crimes both by that convict and by other persons. Punishment shall not have as its purpose the infliction of physical sufferings or humiliation upon human dignity.

Article 39. Types of Punishment

1. Persons who were found guilty in the commission of a crime may be subject to the following types of punishment:

a) a fine;

b) deprivation of the right to hold a certain office, or to engage in certain activity;

c) engagement in public works;

d) correctional labor;

e) restriction in military service;

f) restriction of freedom;

g) arrest;

h) detention in a disciplinary military unit;

i) deprivation of freedom;

j) capital punishment.

2. Aside from main types of punishment, convicts may be subjected to the following additional types of punishment:

a) deprivation of a special, military, or honorary rank, class rank, diplomatic rank, or qualification class, and state awards;

b) confiscation of property.

3. A fine and deprivation of the right to hold a certain position, or to engage in a certain type of activity and attraction to public labour, may be applied either as principal or additional types of punishment.

Article 40. A Fine

1. A fine shall mean a monetary exaction appointed within the limits stipulated by the present Code, in an amount corresponding to a certain quantity of monthly assessment indices as established by legislation, which are current at the moment of the appointment of a given punishment, or in the amount of wages or other income of a given convict for a certain period, as of the moment of the commission of a crime by him.

2. A fine shall be appointed within the limits from twenty-five up to twenty thousand monthly assessment indices, as established by legislation of the Republic of Kazakhstan, or in the amount of wages or income of a given convict for a period from two weeks up to one year. The amount of a fine shall be determined by a court subject to gravity of a given crime committed, and property status of a given convict.

3. A fine as an additional type of punishment may be appointed only in cases stipulated by the relevant articles of the Special Part of the present Code.

4. In case of malignant evasion from payment of a fine which was appointed as a principal type of punishment, it shall be replaced for labour in public works, correctional labour, or an arrest, the length of which shall be calculated as follows: one month of correctional labour, or eighty hours of engagement in public labour, or ten days of arrest, for the amount of a given fine accordingly, to threefold the amount of a monthly calculation base, in compliance with the rules stipulated by Articles 42, 43, and 46 of the present Code.

Date: 2014-12-21; view: 1013