RELEASE OF PRISONERS FROM PUNISHMENT DUE TO ILLNESS: LAW ENFORCEMENT PRACTICE AND FOREIGN EXPERIENCE
Keywords:
convicted, minor or disabled children of the testator, serious illness, early release, release from punishment, humanization of legislation, courtsAbstract
The article considers some measures on humanization of the criminal and legal policy of the Republic of Kazakhstan, on the issue of releasing prisoners from criminal punishment due to serious illness. Implementation of this policy can reduce the prison population of the country, reduce the burden on the state budget and the stable functioning of the prison system. In the context of solving urgent problems of law enforcement practice and criminal law theory, the purpose of the study is to analyze statistical data on the of releasing prisoners from criminal punishment due to serious illness. The subject of the study is a complex of practical and theoretical problems arising from the medical examination of disabled, paralyzed, seriously ill, convicts who unable to take care of themselves, as well as elderly people with numerous diseases. The article analyzes conceptual positions of scientists who have studied the current scientific and practical problems of the issues of exemption from criminal punishment for seriously ill convicts serving sentences and foreign experience. The author made and developed a number of scientifically substantiated conclusions, and reasoned proposals were submitted to the domestic legislator aimed at changing and supplementing the norms of the current legislation of the Republic of Kazakhstan. Making reasonable proposals for amending legislation is to clarify the theoretical significance of the conceptual apparatus. Proceeding from the position of humane treatment of seriously ill prisoners, it is proposed to extend the use of such measures by courts as a substitute for punishment with a milder form, to shorten the period for consideration by courts of the issue of the release of a person from prison from 30 to 10 days. It is also proposed to exclude the terms of the appeal against the decision of the court and use the term "release immediately", which was previously used in law enforcement practice.
