Article 61. The Procedure for Determining Terms of Punishment When Adding Them

 

1. In case of a partial or complete addition of punishments in a cumulation of crimes, one day of deprivation of freedom shall correspond to the following:

 

a) one day of arrest or detention in a disciplinary military unit;

 

b) two days of restriction of freedom;

 

c) three days of correctional labour or restriction in military service;

 

d) four hours of engagement in public works.

 

2. An imposition of a fine, deprivation of the right to hold certain positions or to engage in certain activity, and deprivation of a special, military, or honorary rank, class rank, or state awards, as well as forfeiture of property, when they are added to restriction of freedom, correctional labour, detention under arrest, detention in a disciplinary military unit, or deprivation of freedom, shall be executed independently.

 

Article 62. Calculation of Terms of Punishment and Offset of a Punishment

 

1. Terms of deprivation of the right to hold certain positions or to engage in certain activity, as well as terms of correctional labour, restriction in military service, restriction of freedom, detention under arrest, detention in a disciplinary military unit, and terms of deprivation of freedom, shall be calculated in months and years, and terms of engagement in public works shall be calculated in hours.

 

2. In case of a change of punishment or in case of adding punishments indicated in the first part of this Article, as well as in case of an offset of punishment, terms may be calculated in days.

 

3. Time of detention under custody before the entering of a given sentence into effect shall be offset from a term of punishment in the form of deprivation of freedom, detention under arrest, or detention in a disciplinary military unit, on the basis of one day for one day, and in the form of restriction of freedom - one day for two days, correctional labour and restriction in military service - one day for three days, and with regard to the form of engagement in public works - one day of detention under custody for four hours of public works.

 

3-1. The time of holding under home arrest to the entry of the sentence in legal force shall be entered in the term of punishment in the form of deprivation of liberty, arrest at two days for one day, in the form of restriction of liberty - one day for one day, corrective labour and restriction of military service - one day for two days, and in the term of punishment in the form of attraction to public labour at one day of holding under home arrest for two hours of public labour.

 

4. The time of detention of a person under custody prior to the entering of a given sentence into legal force, and the time of serving deprivation of freedom appointed by a court's judgment for a crime committed outside of the Republic of Kazakhstan, in case of an extradition of a given person on the basis of Article 8 of the present Code, shall be offset on the basis of one day for one day.

 

5. In case of sentencing a convict, who is detained under custody before judicial investigation, to punishment in the form of a fine, deprivation of the right to hold certain positions or to engage in certain activity, a court, taking into consideration the term of detention under custody, shall mitigate the appointed punishment, or completely release him from serving that punishment.

 

6. The time during which a person, who fell ill with a mental disease after the commission of a crime, was subjected to compulsory measures of a medical character, shall be offset from the term of punishment.