Academic journal article Asian Social Science

Questions regarding the Improvement of the Delay of Punishment under the Criminal Legislation of the Republic of Kazakhstan

Academic journal article Asian Social Science

Questions regarding the Improvement of the Delay of Punishment under the Criminal Legislation of the Republic of Kazakhstan

Article excerpt

Abstract

Questions regarding the improvement of the delay of punishment under the criminal legislation of the Republic of Kazakhstan are considered in this article. Since obtaining validity, for the purpose of its improvement changes and additions were made systematically at present Criminal code of Kazakhstan. These legislative innovations entirely touched upon this type of release from punishment. However, despite the positive changes allowing expansion of a framework of this social and legal institution there are some questions regarding the attention at the legislative level.

Keywords: delay of punishment, pregnant women and women with juvenile children, imprisonment, men raising juveniles, surrender of child, termination of pregnancy, new crime

1. Introduction

It is common that a person who committed a crime in its majority is held criminally liable with the following imposing of penalty. Thus the aim of penalty is not retaliation concerning guilty, as its main destination consists in achieving its reformation or turning the last at least into the safe member of society. But the Law is wise and supposes that in some cases these purposes can be achieved by releasing of the sentenced person from punishment or further enduring the punishment.

One of types of release from punishment under the criminal legislation of the Republic of Kazakhstan of 1997 is the delay of punishment which originally extended only on the pregnant women or women with juvenile children. According to the fair remark by S. U. Skobelin, the places of imprisonment are poorly adapted for women and their children. A special physiological state of a woman during pregnancy, and also those problems which arise in connection with baby care, his education, can be hardly solved in the conditions of correctional facilities, which remain a serious obstacle in re-socialization of the condemned women and these complicate the achievement of the objectives of penalty in general (Skobelin, 2011, p. 57).

Therefore, undoubtedly, the delay of punishment is a measure of incentive character stimulating the condemned women to positive post-criminal behavior (Mikhaylov, 2009, p. 51).

2. Methods of Research

The methodology of research within the present article is made by a set of general scientific (system, dialectic, formally logical) and private scientific (comparatively legal, legalistic, historically legal) knowledge methods.

3. Results

The delay of punishment in the Criminal code currently in force under the Republic of Kazakhstan (further the criminal code of Kazakhstan) should be considered not only as realization of the humanity principle inherent in criminal law, but also as a legislative innovation because the former Criminal code of the Soviet Kazakh Socialist Republic, 1959 did not provide a similar type of release from punishment, unlike The Criminal code of the Russian Federation of 1960 where the last was entered by the Law of the Russian Federation of June 12, 1992. It is indisputable that delay of punishment of this category of women, the aspiration to social justice intertwines with care of future child and children that they already have, which in nation-wide level can be regarded as care of younger generation. This type of release from punishment in the criminal legislation of Kazakhstan is regulated by the Clause 72 of the criminal code of Kazakhstan and initially in the first edition was called "A delay of punishment to pregnant women and women with juvenile children".

However further this Clause was exposed to numerous changes as positive, so not absolutely successful from the point of view of legislative activity, and changes in its majority were concerned to part one of the Clause 72 of the criminal code of Kazakhstan where the bases of granting a delay to a certain category of persons and there were revealed terms of the delay.

So, the very first edition of the first part of the Clause 72 under the criminal code of Kazakhstan of 1997 said that "to the convinced pregnant women and women with children till eight years old except convinced to imprisonment for the term of over five years for heavy and especially serious crimes against the personality, the court can delay punishment respectively for a period of up to one year or when the child arrives the age of eight" (The Criminal code of the Republic of Kazakhstan, 1997). …

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