Majilis (lower chamber) of the Parliament of Kazakhstan approved the draft   Criminal Executive Code of the Republic of Kazakhstan in the second reading ( PEC RK), as reported by Novosty – Kazakhstan. 

According to the Committee on Legislation and Legal Reform , the bill aims to further improve the penal legislation in order to significantly increase the level of protection of the rights and legitimate interests of convicts, the efficiency of execution of criminal penalties, improve the quality and educational impact on convicted prisoners and provide the necessary social, legal and psychological assistance to them.

As previously informed by Kalmukhanbet Kasymov, the Minister of the Internal Affairs, the draft  PEC  improved a mechanism of the penalty in the form of imprisonment. Progressive penal system in the form of imprisonment – a common, rigorous and special regime – now extends to a penal colony and prisons. According to the minister, the system provides for the phase change of prison conditions and stimulates their law-abiding behavior.

 According to him, according to the draft Code, persons sentenced to imprisonment begin to serve their sentence under normal conditions and in the future, depending on the behavior can be moved into strict or sheltered conditions.

According to the minister, the draft code introduced corresponding classification of behavior of prisoners. So, negatively characterized convicted persons are divided into three groups: the first group – those who have committed one violation of the order of punishment, the second group – persons systematically violating the order, third – violators.

The draft Penal Executive Code regulates the procedure for the execution of penalties such as arrest, expulsion from the country of foreigners and stateless persons. The project also includes a number of measures aimed at the prevention of corruption by the administration of the colony.

In addition, one has excluded a competence of the head of the unit for the imposition of penalties and encouraging prisoners, fleshed out a list of persons with whom the convicted person is entitled to have long meetings, specified the circumstances under which the convicted person has the right of telephone calls (15 minutes).

However, the draft Code establishes the right of prisoners to appeal directly to the Court on the issue of moving to a penal colony.

In 2012 for the maintenance of the convicts 23.3 billion tenge was budgeted, and in 2014 – 29.3 billion tenge.

According to the minister, the expenses spent on a convict in 2012 were 549,000 tenge, in 2014 – 687 thousand tenge. One has significantly expanded the range of foods included in the food basket, added daily issuance of cheese, sour cream, sausages, juices, fresh fruit, and coffee, cocoa.

The draft Code has increased, on average, three times the total amount of monthly rate for a convicted person to purchase products and essential tools in stores, available at each institution. Currently, there is a common practice of receiving food parcels by convicted persons as a result they do not have time to consume food, and lack of storage conditions leads to unsanitary conditions in the dormitories. At the same time, attempts of delivery of drugs and other prohibited items still exist.

According to the draft Code, the provision of long-term visits is saved for two days only for convicted persons under relaxed conditions.

The project also provides for the creation of the Board of Trustees at the juvenile correctional facilities, as well as advisory bodies at other institutions involving local authorities, NGOs and other public associations.