Constitutional Court: revocation of suspended sentence does not constitute double punishment

Теlegram CС - https://t.me/consot_kz

 

An application was submitted to the Constitutional Court requesting a review of Part 2 of Article 176 of the Criminal Executive Code for compliance with the Constitution.

The application arose from the applicant’s suspended sentence. During the probation period, he repeatedly violated imposed obligations and was held administratively liable. As a result, the court revoked the suspended sentence and ordered him to serve the original custodial sentence in full.

The applicant argued that the imposition of the full sentence without taking into account the time spent under probation supervision contradicts the constitutional principles of fairness and equality, and also violates the prohibition of double punishment.

The constitutional oversight body stated that a suspended sentence is aimed at the rehabilitation of an individual without isolation from society, provided that the established obligations are observed. In the event of their systematic violation, the sentence imposed by the court judgment is subject to enforcement.

In addition, the provisions of the Criminal Executive Code do not provide for a new punishment; they only regulate the procedure for executing an already imposed sentence. Accordingly, the contested provision does not contradict the Constitution.