"Criminal justice in the criminal, Criminal Procedure and criminal executive codes of the Republic of Kazakhstan, the draft law" on amendments and additions to human rights issues in the field of execution of punishment and Prevention of torture and cruel acts " was developed in accordance with the requirements of Paragraph 45 of the rules of legislative work of the Government of the Republic of Kazakhstan, approved by the resolution of the Government of the Republic of Kazakhstan dated 29.12.2016 No. 907 and posted for public discussion on the internet portal of open normative legal acts (hereinafter referred to as the law) legalacts.egov.kz/npa/view?id=13923057).
The developer is the Ministry of internal affairs of the Republic of Kazakhstan.
Development of the draft law is carried out in accordance with the criminal, Criminal Procedure and Penal enforcement codes approved by the resolution of the Government of the Republic of Kazakhstan dated June 11, 2021 No. 405:
providing an opportunity to postpone serving a sentence in case of a serious illness of a convicted person;
immediate execution of a court order on release or transfer to a mild form of punishment in connection with a serious illness;
extension of the period of stay with the mother for one year, if the mother is released at the end of her term or released on parole after the child reaches the age of three, the unserved part of the sentence is replaced by a milder form of punishment;
provision of video recording of the interrogation, as well as the court session;
clarification of the definition of" torture", as well as the introduction of the definition of" cruelty " (social institutions of children and persons with disabilities);
it is carried out within the framework of the implementation of paragraph 9.1 of the plan of priority measures in the field of Human Rights, which provides for amendments and additions to the part of ensuring the detention of previously convicted persons separately from first-time convicts through the liquidation of emergency safety institutions.
The draft law is aimed at improving the legislation on human rights in the field of criminal justice, execution of sentences, prevention of torture and cruel acts, bringing national legislation closer to generally recognized international standards.
The legislative amendments provide for ensuring the right of convicted persons to health protection, humane treatment of persons serving sentences in the presence of serious illnesses, preservation of social contacts of convicted women with children, the formation of law-abiding behavior among convicted persons for the first time, as well as bringing national legislation in line with the UN Convention Against Torture.
The implementation of the bill does not provide for a reduction in state revenues or an increase in public spending.