Judges of East Kazakhstan discussed matters of consideration of materials on mitigation of punishment

The East Kazakhstan regional court held a "round table" during which the judges discussed problematic matters related to consideration of materials on parole, replacement of the not-served part of punishment by a milder form of punishment, transfer to a colony-settlement, etc.

Speaking, the chairman of the judicial division for criminal cases K.Chakpantayev called the basic regulations governing the issue of parole from serving a sentence and replacing the unserved part of the punishment with a milder form of punishment.

The speakers drew attention to the fact that sometimes the courts do not take into account the norms of the law when convicted persons committed a grave or especially grave crime and the application of conditional early release carries a negative risk to the security of society. It is noted that the courts have found ambiguous practice in applying the provisions of Part 10 of Article 162 of the CEC, according to which in the event of a court's refusal to conditional early release from serving a sentence or replacing the unserved part of punishment with a milder form of punishment, a repeated application for any of the grounds should not earlier than six months after the date of the decision to refuse.

Speakers also noted that the RP and CMP are independent institutions, and therefore, the six-month period for the repeated application of the convicted person with the relevant petition should be applied only within the same institution, that is, if the convict is denied to the CMP, he has the right to apply for RP, without waiting for the expiry of the six-month period from the date of refusal to him in the CMP. 

At the end of the meeting they developed recommendations to improve the efficiency of the work.