Article 55. Imposition of lenient punishment than provided for this criminal infraction

1. If an Article or part of Article of Special part of this Code, according to which a person is recognized as guilty shall provide less severe, than imprisonment, basic type of punishment, an imprisonment shall not be imposed upon conviction of person for commission of crime:

1) little or average gravity in the case, when the person is voluntary compensated a property damage, effected the moral or other harm, caused by the crime;
2) in the scope of economic activity, except for provided by Article 218, 218-1, 248 and 249 of this Code, in the case, when a person is voluntary compensated a property damage, caused by the crime.

2. Upon existence of a mitigating circumstance, not provided as a sign of the committed crime and absence of aggravating circumstances, the term or extent of the main type of punishment may not exceed when committing of:

1) a criminal offence, minor or medium-gravity crimes - half;
2) grievous crime - two-thirds;
3) an especially grave crime – three-quarters of the maximum term or extent, provided by the relevant Article of the Special part of this Code.

3. In the cases of accelerated pre-trial investigation, as well as cases in which all conditions of the procedural agreement are fulfilled, the term or extent of the main type of punishment for the committed criminal infraction may not exceed half of the maximum term or extent provided by the relevant Article of the Special part of this Code. In cases, on which the verdict of guilty in the order of writ proceedings was made, a fine shall be imposed in the amount of ten to twenty monthly calculation indices in commission of a criminal offense, from fifty to two hundred monthly calculation indices – in commission of a crime of little gravity.

4. Upon existence of exceptional circumstances, related with the purposes and motives for action, the role of guilty person, his (her) behavior during or after commission of criminal infraction, and other consequences, essentially reducing the extent of social danger of the action, and equally upon active assistance of participant of group criminal infraction to detection of actions, committed by group, a punishment may be imposed below the lower limit, provided by the relevant Article of Special part of this Code, or the court may impose more lenient type of punishment than provided by this Article, or shall not apply an additional type of punishment, provided as compulsory.

5. Both separate mitigating consequences, and set of such consequences may be imposed as exceptional.

6. Upon existence of consequences, specified in the second or third part of this Article, a punishment may be imposed below the lower limit provided by the relevant Article of Special part of this Code.

7. In cases of imposition of punishment for preparation or attempted crime, the limits specified in parts two and three of this Article shall be determined, taking into account the provisions of Article 56 of this Code.

8. Provisions of this article shall not apply to persons who have committed a crime against the sexual inviolability of minors, except in the case of the commission of such a crime by a minor against a minor between fourteen and eighteen years of age. Provisions of parts two and three of this article shall not apply to persons, who committed crimes involving violence against minors except for a case of committing such a crime by a person under the age of majority.


Article 56. Imposition of punishment for uncompleted crime

1. Consequences by virtue of which a crime was not brought to the end shall be considered upon imposition of punishment for uncompleted crime.

2. The term or extent of punishment for preparation to a crime may not exceed half of the maximum term or extent of the main type of punishment provided by the relevant Article of the Special part of this Code for the completed crime.

3. The term or extent of punishment for attempted crime may not exceed three quarters of the maximum term or extent of the main type of punishment provided by the relevant Article of the Special part of this Code for the completed crime.

4. Life imprisonment for preparation for a crime and attempted crime shall not be imposed.


Article 57. Imposition of punishment for the criminal infraction, committed in complicity

1. Upon imposition of punishment for the criminal infraction, committed in complicity shall be considered the nature and extent of actual participation of person in its commission, the value of this participation for achievement of an objective of criminal infraction, its impact on the nature and extent of caused or possible harm.

2. Consequences, mitigating or aggravating the responsibility and punishment, relating to the personality of one of accomplices shall be considered upon imposition of punishment only to this accomplice.


Article 58. Imposition of punishment on a set of criminal infractions

1. On a set of criminal infractions, a court imposed a punishment (basic and additional) for each infraction separately shall determine final punishment by absorption of less severe punishment by more severe or by complete or partial addition of imposed punishments.

2. If a set of criminal infractions includes only criminal offences, then the final punishment shall be imposed by absorbing a less severe punishment with a more severe one or by partial or full adding up of the punishment. In this case, the final extent of punishment in the form of a fine may not exceed four hundred monthly calculation indices, and the final term of punishment in the form of community service or arrest – four hundred hours or fifty days, respectively.

If a set of criminal infractions includes only criminal offences, crimes of little and average gravity, then the final punishment shall be imposed by absorbing a less severe punishment with a more severe one.

3. If a set of criminal infractions involves grievous or especially grave crimes, the final punishment shall be imposed by absorption of less severe punishment by more severe or by partial or complete addition of punishments. Upon that the final punishment in the form of imprisonment may not exceed twenty years.

4. If a set of criminal infractions involves at least one of especially grave crime, for commission of which a punishment in the form of imprisonment for the term up to twenty years is provided by this Code, the final punishment shall be imposed by partial or complete addition of punishments. Upon that the final punishment in the form of imprisonment may not exceed twenty five years.

If a set of criminal infractions involves at least one of especially grave crime, for commission of which a punishment in the form of imprisonment for the term up to twenty years is provided by this Code, as well as a criminal offence, for commission of which a fine is imposed, the final punishment is imposed by absorption of less severe punishment by more severe.

If life imprisonment is imposed for a crime included in the aggregate, then life imprisonment shall be the final penalty imposed.

5. Additional punishments, imposed for infractions, constituting the set may be attached to the basic punishment, imposed on a set of criminal infractions. Upon partial or complete addition the final additional punishment may not exceed the maximum term or extent, established for this punishment of General part of this Code.

6. A punishment shall be imposed by the rules of this Article, if after sentencing by court of the case it is established that the convicted person is guilty also in other criminal infraction committed by him (her) before the sentencing in the first case. In this case a punishment, served under the first court verdict shall be counted in the final term.

Article 59. Imposition of punishment upon repetition of crimes, dangerous repetition of crimes

Upon imposition of punishment at repetition of crimes, dangerous repetition of crimes shall be considered the number, nature and extent of social danger of previously committed crimes, consequence, by virtue of which the correctional treatment of the previous punishment was insufficient, as well as the nature and extent of social danger of subsequent infractions.


Article 60. Imposition of punishment on a set of sentences

1. If the convicted person after sentencing, but before complete serving punishment is committed a new criminal infraction, the court shall partially or completely attach an unserved part of punishment on previous court verdict to the punishment, imposed on the last court verdict.

2. The final punishment on a set of sentences in the case, if it does not related with imprisonment may not exceed the maximum term or extent, provided by General part of this Code for this type of punishment.

3. The final punishment on a set of sentences in the form of imprisonment may not exceed twenty five years. If a set of sentences involves a sentence, which a person is recognized as guilty in commission at least one especially grave crime, for the commission of which a punishment in the form of imprisonment is provided by this Code for the term up to twenty years, the final punishment on a set of sentences in the form of imprisonment may not exceed thirty years. If life imprisonment is imposed for a crime included in the aggregate, then the final punishment shall be imposed in the form of life imprisonment.

4. The final punishment on a set of sentences shall be more like the punishments, imposed for newly committed criminal infraction, and unserved part of punishment on previous court verdict.

5. Attachment of additional types of punishments upon imposition of punishments on a set of sentences shall be carried out by the rules of imposition of punishment on a set of criminal infractions.


Article 61. Procedure of determination of terms of punishment upon their addition

1. At partial or full adding up of punishments on a set of criminal infractions and a set of verdicts:

1) one day of deprivation of liberty corresponds to four monthly calculation indices of fine or corrective labors, four hours of social works, one day of arrest, one day of restriction of liberty;
2) one day of restriction of liberty corresponds to four monthly calculation indices of fine or corrective labors, four hours of social works, one day of arrest;
3) one day of arrest corresponds to four monthly calculation indices of a fine or corrective labors, four hours of social works;
4) one hour of social works corresponds to one monthly calculation index of fine or corrective labors;
5) one monthly calculation index of corrective labors corresponds to one monthly calculation index of fine.

2. Deprivation of special, military or honorary title, class rank, diplomatic rank, qualified class and the state awards, deprivation of right to hold specific position or engage in defined activity, deportation a foreigner or stateless person from the Republic of Kazakhstan, confiscation of property, as well as enforcement measures of medical nature upon addition them with bringing to public works, restriction of liberty, arrest, imprisonment shall be executed independently.


Article 63. Conditional sentence

1. If a punishment was imposed in the form of imprisonment, a court comes to the conclusion on possibility of correction of convicted person without service of sentence; it decides to consider an imposed punishment as conditional.

2. Upon application of conditional sentence a court shall consider the nature and extent of social danger of committed crime, personality of guilty person, as well as consequences, mitigating and aggravating responsibility and punishment.

3. Upon imposition of conditional sentence a court shall establish probationary control at all of the imposed term of imprisonment, and to the minors for the term of six months to one year by rules of second part of Article 44 of this Code.

Application of conditional sentence by the minors is possible upon repeated commission of a crime of little and average gravity in the period of probationary control upon conditional sentence.

Probation control shall not be established in case of conditional conviction of a foreigner or a stateless person to whom the court has imposed expulsion outside the Republic of Kazakhstan as an additional form of punishment.

4. Additional types of restrictions and punishments may be imposed in case of probation.

5. Enforcement measures of educational impact may be imposed to the minors upon conditional sentence.

6. Conditional sentence shall not be applied to persons in case of recidivism of crimes, dangerous recidivism of crimes, in case of conviction of a person for a particularly grave crime, a corruption crime, a terrorist crime, an extremist crime, torture, a crime committed as part of a criminal group, sexual crime against minors. This restriction shall not apply to minors who have committed a crime against the sexual inviolability of a minor between the ages of fourteen and eighteen.


Article 64. Cancellation of conditional sentence

1. If before the expiry of the term of probationary control the probationer is proved his (her) correction by his (her) behavior, a court on presentation of body, carrying out a probationary control may decree on cancellation of conditional sentence and on cancellation of conviction from convicted person. Upon that conditional sentence may be cancelled upon expiration of at least half of established period.