Article 55. The imposition of a more lenient punishment than is provided for this criminal offense The Criminal Code of the Republic of Kazakhstan, the Criminal Code of the Republic of Kazakhstan
1. If the article or part of the article of the Special Part of this Code, according to which the person is found guilty, provides for a less severe than imprisonment, the main type of punishment, imprisonment is not imposed when the person is convicted of committing a crime.:
1) minor or moderate severity in the case when a person has voluntarily compensated for property damage, made amends for moral and other harm caused by a crime;
2) in the sphere of economic activity, with the exception of those provided for in Articles 218, 218-1, 248 and 249 of this Code, in the case when a person has voluntarily compensated for property damage caused by a crime.
2. In the presence of a mitigating circumstance that is not provided for as a sign of a committed crime, and in the absence of aggravating circumstances, the term or amount of the main type of punishment may not exceed when committing:
1) a criminal offense, a crime of minor or moderate severity – half;
2) grave crime – two thirds;
3) a grave crime involving an attack on human life or health, or a particularly grave crime – three quarters;
4) a particularly grave crime involving an attack on human life or health – four fifths of the maximum term or amount provided for in the relevant article of the Special Part of this Code.
The provisions of this part shall not apply if aggravating circumstances are provided as a sign of a criminal offense.
3. In cases of accelerated pre–trial investigation, as well as cases in which all the conditions of the procedural agreement have been fulfilled, the term or amount of the main type of punishment for a criminal offense may not exceed half, for committing a serious crime involving an attack on human life or health, or a particularly serious crime - three quarters, and for committing a particularly serious crimes related to encroachment on human life or health, – four-fifths of the maximum term or amount provided for in the relevant article of the Special Part of this Code. In cases where a guilty verdict has been issued by writ, a fine is imposed in the amount of ten to twenty monthly calculation indices for the commission of a criminal offense, and from fifty to two hundred monthly calculation indices for the commission of a minor offense.
4. In the presence of exceptional circumstances related to the goals and motives of the act, the role of the perpetrator, his behavior during or after the commission of a criminal offense, and other circumstances that significantly reduce the degree of public danger of the act, as well as with the active assistance of a participant in a group criminal offense to disclose the acts committed by the group, punishment may be imposed below the lowest limit provided for in the relevant article. Of the Special Part of this Code, or the court may impose a more lenient type of punishment than provided for in this article., or not to apply the additional type of punishment provided for as mandatory.
5. Both individual mitigating circumstances and the totality of such circumstances can be considered exceptional.
6. In the presence of the circumstances specified in parts two or three of this article, the penalty may be imposed below the lowest limit provided for in the relevant article of the Special Part of this Code.
7. In cases of sentencing for the preparation or attempted commission of a crime, the limits specified in parts two and three of this Article shall be determined taking into account the provisions of Article 56 of this Code.
8. The provisions of this article shall not apply to persons who have committed a crime involving the intentional infliction of death on a person, a crime against the sexual integrity of minors, except in the case of the commission of such a crime by a minor in relation to a minor aged from fourteen to eighteen years.
The provisions of parts two and three of this article do not apply to persons who have committed crimes related to violence against minors, except in the case of such a crime committed by a person who has not reached the age of majority.
9. If the sanction of an article of the Special Part of this Code does not provide for a type of punishment other than life imprisonment, then in the cases provided for in part four of this article, a person may be sentenced to imprisonment for a period of twenty to twenty-five years.
In the same cases, persons who have committed a crime under the age of eighteen may be sentenced to imprisonment for a term of fifteen years, and women, persons with disabilities of the first or second group, men aged sixty–three and over, may be sentenced to imprisonment for a term of fifteen to twenty years.
President
Republic of Kazakhstan
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