Article 71. Exemption from criminal liability due to the expiration of the statute of limitations of the Criminal Code of the Republic of Kazakhstan, the Criminal Code of the Republic of Kazakhstan

1 A person is released from criminal liability if the following time limits have expired since the date of the commission of the criminal offense:

     1) one year after the commission of a criminal offense;

     2) two years after the commission of a minor crime;

     3) five years after the commission of a moderate crime;

     4) ten years after the commission of a serious crime, a minor or moderate corruption offense;

     5) fifteen years after the commission of a particularly serious crime.

2 The limitation periods are calculated from the date of the commission of a criminal offense until the date of entry into force of the court verdict.

3 The running of the limitation periods for criminal offenses, regardless of the commission of a new criminal offense, shall not be suspended or interrupted.

4 The limitation period is suspended if the person who committed the crime evades investigation or trial. In this case, the limitation period is resumed from the moment the person is detained or turns himself in. At the same time, a person cannot be held criminally liable if the statute of limitations has not been interrupted since the commission of the crime and the following time limits have expired:

     1) five years after the commission of a minor crime;

     2) ten years after the commission of a moderate crime;

     3) fifteen years after the commission of a serious crime, a minor or moderate corruption offense;

     4) twenty years after the commission of a particularly serious crime.

     The limitation period is interrupted if, before the expiration of the time limits specified in part one of this article, a person who has committed a grave or especially grave crime commits a new grave or especially grave crime. In such cases, the statute of limitations begins anew from the date of the commission of a new crime. In other cases, if a person commits a crime again before the expiration of the statute of limitations, the statute of limitations for each crime runs independently.

5 The issue of applying the limitation period to a person who has committed a crime for which life imprisonment may be imposed under this Code shall be resolved by a court. If the court does not consider it possible to release the person from criminal liability due to the expiration of the statute of limitations, then life imprisonment is replaced by imprisonment for a term of twenty-five years.

6 The statute of limitations does not apply to persons who have committed crimes against the peace and security of mankind, terrorist crimes, extremist crimes, torture, crimes against the sexual integrity of minors, as well as especially serious crimes against the individual, the foundations of the constitutional order and the security of the State, against public safety and public order.

President    

Republic of Kazakhstan     

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