In accordance with Article 476, part 3 of the Criminal Procedure Code of the Republic of Kazakhstan, issues are provided that are subject to consideration by the court when executing a sentence on announcing, terminating the search and choosing a measure of restraint in relation to persons sentenced to punishment, not related to isolation from society, hiding from control and evading punishment.
The Kurchumsky District Court of the East Kazakhstan Region considered the submission of the probation service to put the convict on the wanted list. According to the submission, convicted "E" was found guilty of committing a criminal offense under Art. 192, part 2, clause 1 of the Criminal Code of the Republic of Kazakhstan, with the imposition of a sentence of 5 years in prison, on the basis of Art. 63 of the Criminal Code of the Republic of Kazakhstan conditionally with a trial period for the same period. By the decision of the Kurchumsky District Court of the East Kazakhstan Region dated October 22, 2018, on the basis of Art. 64 h. 3 of the Criminal Code of the Republic of Kazakhstan, the conditional conviction was canceled. By the decision of the court No. 2 of Ust-Kamenogorsk, East Kazakhstan region dated February 21, 2020, on the basis of Art. 73 of the Criminal Code of the Republic of Kazakhstan, the unserved part of the term of punishment in the form of imprisonment was replaced by restrictions on freedom for a period of 2 years 1 month 10 days with the establishment of probationary control for the entire period.
On March 18, 2020, convict “E” was registered with the probation service No. 1 of the Kurchum region, where he was explained the rights and obligations provided for in Art. 66,67,68 of the Criminal Executive Code of the Republic of Kazakhstan. However, despite the ongoing preventive measures, the convict maliciously violated the established procedure for serving the sentence. During the initial search activities, it was not possible to establish the location of the convict, the check on special records did not give positive results. In connection with this, the probation service No. 1 of the Kurchum district of the DIS for the East Kazakhstan Region appealed to the court with a motion to put the convict on the wanted list. The Kurchumsky District Court, having studied the case materials, after listening to the opinion of the representative of the probation service, the prosecutor and the defense counsel, issued a decision to satisfy the presentation of the probation service, declaring wanted in relation to the convict "E", choosing the measure of restraint "take into custody".
The decision has not entered into force.
Chief Inspector of the Probation Service No. 1
Kurchum district DIS for East Kazakhstan region
Captain of Justice G.E. Kusainova