Article 46. Arrest

1. Arrest shall consist of the detention of a convict under conditions of strict isolation from the society for the entire period of the appointed punishment.

2. Arrest shall be established for a period of one month up to six months. In case of a substitution of engagement in public works or correctional labour, or a fine, for an arrest, it may be appointed for a period of less than one month.

3. Arrest shall not apply to persons who did not reach sixteen years eighteen years of age by the moment of the passing of a sentence, as well as to pregnant women and women who have minor children.

4. Military servicemen shall serve an arrest in a guard-house.

Article 47. Detention in a Disciplinary Military Unit

1. Detention in a disciplinary military unit shall be sentenced upon military servicemen who undergo military service as enlisted men, as well as those who undergo it under a contract, holding rank-and-file positions or positions of non-commissioned officers, if they, as of the moment of the passing by a court of a sentence, have not served the term of service as draftees as established by law. This punishment shall be sentenced for a period from three months up to two years in cases stipulated by the relevant articles of the Special Part of the present Code for the commission of military crimes, as well as in cases in which a court, taking into consideration the circumstances of a given case, and the personality of a convict, deems it expedient, instead of deprivation of freedom for a period of not more than two years, to sentence the convicted to detention in a disciplinary military unit for the same period. Detention in a disciplinary military unit, instead of deprivation of freedom, may not be sentenced upon persons who earlier served punishment in the form of deprivation of freedom.

2. In case of detention in a disciplinary military unit instead of deprivation of freedom, a period of detention in a disciplinary military unit shall be calculated on the basis of one day of deprivation of freedom for one day of detention in a disciplinary military unit.

Article 48. Deprivation of Freedom

1. Deprivation of freedom shall consist of isolation of a given convict from society by way of sending him to a settled colony, or his placement in a penitentiary settlement of a general, strict, or special regime, or into a jail.

2. Persons convicted and sentenced to deprivation of freedom, who did not reach eighteen years of age by the moment of passing of a sentence, shall be sent to educational colonies of a general or reinforced strict regime.

3. Deprivation of freedom for the commission of crimes stipulated by the present Code, shall be established for a period from six months up to fifteen years, and for especially grave crimes indicated in the first part of Article 49 of the present Code, up to twenty years or for a life-time. For crimes of negligence, a term of deprivation of freedom may not exceed ten years. In case of a substitution of compulsion to do public work, of correctional labour or restriction of freedom for deprivation of freedom, it may be established for a period of less than six months. In case of a partial or complete addition of terms of deprivation of freedom, when establishing punishments for a cumulative crime, as well as in cases stipulated by the third part of Article 49, the fifth part of Article 69, and the fourth part of Article 75 of the present Code, the maximum term of deprivation of freedom may not exceed twenty-five years, and thirty years in case of a cumulative crime.

4. Life-time deprivation of freedom shall be established only as an alternative for capital punishment for the commission of especially grave crimes which infringe upon life, and it may be established in cases in which a court decides not to apply capital punishment. Life-time deprivation of freedom shall not be sentenced upon women, as well as to persons having committed a crime under the age of eighteen, and men who reach the age of sixty five by the moment of passing of a given sentence.

5. The serving of deprivation of freedom shall be sentenced upon the following:

a) persons convicted for crimes committed by negligence and sentenced for deprivation of freedom for a period of not more than seven years in settled colonies;

b) persons convicted for the first time and sentenced to deprivation of freedom for the commission of deliberate lesser crimes, crimes of medium gravity, or grave crimes, as well as persons who are convicted and sentenced for crimes committed by negligence to deprivation of freedom for a period of more than seven years and persons to whom compulsion to do public work, correctional labour or restriction of freedom are substituted with deprivation of freedom for a period up to six months in penitentiary settlements of the general regime;

c) persons who are convicted for the first time and sentenced to deprivation of freedom for the commission of especially grave crimes, as well as in case of criminal recidivism, if a convicted person earlier served punishment in the form of deprivation of freedom, as well as to women in a case of especially dangerous criminal recidivism, in penitentiary settlements of the special regime;

d) in case of especially dangerous criminal recidivism, as well as upon persons sentenced to a life-time deprivation of freedom, in penitentiary settlements of the special regime.

6. For persons convicted and sentenced to deprivation of freedom for a period of more than five years for the commission of especially grave crimes, as well as in case of especially dangerous criminal recidivism, punishment may be established with serving of a part of their term in a jail, but not longer than for five years.

7. A change of the type of correctional institution established by a sentence shall be carried out by a court in accordance with criminal-executory legislation of the Republic of Kazakhstan.

Date: 2014-12-21; view: 1219