Penalties against convicts serving sentences of imprisonment: problems of humanization

2024

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DOI 10.32523/2791-0954-2024-10-2-21-37
Data confidence 70 medium
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Abstract

The policy of humanization of criminal punishment as well as the procedure of execution of punishments in the country as a whole has been successfully implemented in the context of one of the priorities of the Concept of Legal Policy of the Republic of Kazakhstan until 2030 where in particular it is mentioned that further improvement of the criminal-executive legislation including by bringing it closer to the generally accepted standards is required in order to improve the regulation of the procedure and conditions of execution and serving punishments and other measures of criminal-legal regulation as well as to enhance the protection of rights and freedoms of convicted persons. Currently, effective amendments and additions have been made to the Criminal Code, the Criminal Procedure Code and the Penal Enforcement Code of the RK. Legislative innovations are aimed at the implementation of this priority. Along with this, there are certain legislative contradictions indicating that in the institutions of the criminal enforcement system of Kazakhstan it is allowed to apply such punishments which are equal to or exceed the severity of the punishment imposed by the court verdict. In this circumstance we see a serious inconsistency of the penal and correctional legislation of Kazakhstan with the international standards. The policy of humanization of criminal punishments and their execution excludes the application of more severe measures to the convicted persons than follows from the essence of the type of punishment imposed by the court.