Bringing Two or More Persons to Suicide

Below is a detailed legal commentary specifically on the qualifying element “in relation to two or more persons” under subparagraph 2) of part 2 of Article 105 of the Criminal Code of the Republic of Kazakhstan, distinguishing criminal-law and civil-procedural issues. The analysis is based on the legislation of the Republic of Kazakhstan in force as of October 3, 2026, and is accompanied by references primarily to materials from zakonpravo.kz.

BRINGING TWO OR MORE PERSONS TO SUICIDE

Legal Commentary on Subparagraph 2) of Part 2 of Article 105 of the Criminal Code of the Republic of Kazakhstan

1. General Characteristics of the Offense

Subparagraph 2) of part 2 of Article 105 of the Criminal Code of the Republic of Kazakhstan establishes enhanced criminal liability for the act provided for in part 1 of Article 105 of the Criminal Code if it is committed in relation to two or more persons.

The current wording of Article 105 provides:

“The same act, committed:

1. in relation to a person who is knowingly in a helpless condition or in material or other dependence on the perpetrator;
2. in relation to two or more persons;
3. by a group of persons acting upon prior conspiracy or by a criminal group;
4. through the use of telecommunications networks or informatization facilities, including the Internet —

shall be punishable by restriction of liberty for a term of up to five years or deprivation of liberty for the same term.”

Thus, the qualifying element “in relation to two or more persons” does not constitute an independent corpus delicti but represents a qualified form of the principal criminal offense provided for in part 1 of Article 105 of the Criminal Code.

According to the clarifications of the Supreme Court of the Republic of Kazakhstan, the mandatory elements of bringing a person to suicide include:

1. the existence of a form of influence prescribed by law — threats, cruel treatment, or systematic humiliation of human dignity;
2. or the presence of inducement to commit suicide;
3. or assistance in committing suicide;
4. the occurrence of suicide or attempted suicide;
5. a causal relationship between the perpetrator’s conduct and the relevant result.

The Supreme Court has specifically indicated that, under Article 105 of the Criminal Code, it is necessary to establish a causal relationship between the perpetrator’s actions and the victim’s suicide. At the same time, the subjective element of bringing a person to suicide is characterized by intent with respect to the relevant actions and negligence with respect to the criminal result. If a person directly desired the victim’s death and chose bringing the victim to suicide as a means of realizing the intent to commit murder, the act is subject to qualification under the relevant article on murder. (Law and Justice)

The text of Article 105 itself expressly provides for liability both for an act committed against one person and for qualified forms of the offense, including its commission in relation to two or more persons. (Law and Justice)

2. The Object of the Criminal Offense

The immediate object is human life, and, in the cases provided for by the article, also a person’s mental and physical inviolability, dignity, and freedom of expression of will.

When qualifying an act under subparagraph 2) of part 2 of Article 105, the object assumes a multiple-victim character: criminal-law protection extends simultaneously to at least two victims.

This circumstance is of fundamental importance for the purposes of proof.

It is not sufficient to establish merely that the accused committed unlawful acts against several persons. It is necessary to establish that, in relation to each specific victim, the legally significant elements of the offense under Article 105 of the Criminal Code were present.

In other words:

Two victims ≠ automatic establishment of the offense under subparagraph 2) of part 2 of Article 105 of the Criminal Code.

The investigation and the court must establish, with respect to each victim:

• the specific conduct of the accused;
• the form of such conduct;
• its duration and intensity;
• the victim’s perception of the relevant influence;
• the victim’s mental state;
• the fact of suicide or attempted suicide;
• the causal relationship between the accused’s conduct and the result.

3. The Objective Element

The objective element of Article 105 of the Criminal Code is structured alternatively.

It may be expressed as follows:

3.1. Through Threats

A threat must have legally significant content.

Depending on the specific circumstances, this may include a threat of:

• physical retaliation;
• causing bodily harm;
• destruction of property;
• disclosure of information;
• deprivation of means of subsistence;
• causing harm to close relatives;
• dismissal from employment or other influence, if it takes on the character of unlawful psychological pressure;
• committing other acts capable of creating a situation in which suicide or attempted suicide becomes a consequence of the perpetrator’s unlawful conduct.

However, conflict-based communication in itself does not establish the elements of an offense under Article 105 of the Criminal Code.

The investigation must establish that the threats were real in the context of the particular relationship and exerted the relevant influence.

4. Cruel Treatment

Cruel treatment constitutes an independent form of the objective element of Article 105 of the Criminal Code.

It may be expressed in:

• physical violence;
• systematic abuse and mockery;
• deprivation of necessary care;
• inhumane treatment;
• conduct that humiliates human dignity;
• other forms of unlawful influence.

Particular importance attaches to distinguishing cruel treatment from an ordinary domestic conflict.

For criminal-law assessment, it is necessary to establish not merely the existence of unpleasant relations, but conduct that is causally connected with suicide or attempted suicide.

5. Systematic Humiliation of Human Dignity

Systematic conduct is an important element.

A single insult does not always constitute systematic humiliation of human dignity.

It is necessary to establish:

• the number of incidents;
• the period of time;
• the nature of each incident;
• the content of the statements;
• the persons to whom the statements were directed;
• whether the statements were made publicly;
• the presence of witnesses;
• the use of social networks;
• correspondence;
• audio and video recordings;
• the consequences for the victim’s mental state.

Where there are two or more victims, the systematic nature of the conduct must be established separately in relation to each of them.

6. Inducement and Assistance

Article 105 covers not only the traditional form of “bringing a person to suicide” through threats or humiliation.

The following are independent alternative forms:

• inducement to commit suicide;
• assistance in committing suicide.

This means that qualification must not automatically be based exclusively on proving systematic humiliation.

In cases of inducement, it is necessary to establish targeted influence on the victim’s will.

In cases of assistance, it is necessary to establish specific assistance that objectively facilitated the implementation of suicidal behavior.

7. The Specific Nature of the Element “In Relation to Two or More Persons”

Subparagraph 2) of part 2 of Article 105 of the Criminal Code presupposes the existence of at least two victims in relation to whom the relevant criminally punishable act was committed.

This does not mean that both victims must necessarily:

• have committed suicide;
• have died;
• have been subjected to the influence simultaneously;
• have been in the same location;
• have had identical relationships with the accused.

Article 105 expressly provides for liability both for bringing a person to suicide and for bringing a person to attempted suicide.

Consequently, within the framework of qualification, different outcomes for the victims are, in principle, possible, provided that a causal relationship between the relevant conduct of the perpetrator and each outcome is established.

For example:

The first victim committed suicide.

The second victim attempted suicide but survived.

If the remaining elements of the offense are proven, the application of subparagraph 2) of part 2 of Article 105 may be considered in relation to a single qualified act.

At the same time, the final legal qualification must be determined according to the factual circumstances of the particular case.

8. The Need to Individualize the Victims

Particular attention should be paid to the inadmissibility of a formalistic approach.

If the investigation identifies two victims, it is advisable to reflect the circumstances concerning each of them separately in the indictment.

Victim No. 1

• the specific actions of the accused;
• the period of influence;
• the evidence;
• suicide or attempted suicide;
• the causal relationship.

Victim No. 2

• the specific actions of the accused;
• the period of influence;
• the evidence;
• suicide or attempted suicide;
• the causal relationship.

A generalized statement such as:

“The accused systematically humiliated the dignity of several persons, as a result of which they attempted suicide”

is insufficient in itself.

The circumstances must be specified in relation to each individual.

9. Causal Relationship

Causation is one of the most complex issues under Article 105 of the Criminal Code.

It is necessary to prove not only that:

A. the accused committed certain acts;

B. the victim committed suicide or attempted suicide;

but also that:

C. there is a causal relationship between A and B.

The Supreme Court of the Republic of Kazakhstan specifically draws attention to this issue.

Regulatory Resolution No. 1 of the Supreme Court dated May 11, 2007, expressly indicates the need to establish a causal relationship between the actions of the perpetrator and the victim’s suicide. (Law and Justice)

10. Distinction from Murder

It is fundamentally important to distinguish Article 105 of the Criminal Code from Article 99 of the Criminal Code.

The Supreme Court expressly clarifies:

if a person commits the relevant acts with the intent to cause the victim’s death, desires the death to occur, and uses the victim’s suicide as a means of achieving that result, the conduct must be classified as intentional murder. (Law and Justice)

Consequently, the mere fact that the victim actually committed suicide does not automatically entail qualification under Article 105.

The court must examine:

• the motive;
• the purpose;
• the nature of the actions;
• the accused’s statements;
• correspondence;
• threats;
• prior conduct;
• conduct after the incident;
• the direction of the intent.

11. Mental Attitude Toward the Consequences

According to the current clarification of the Supreme Court, the subjective element of bringing a person to suicide is characterized by intent in the commission of the relevant actions and negligence with respect to the criminal result. (Law and Justice)

This provision is of considerable practical importance.

For example, if a person systematically humiliates a victim with the intention of degrading or suppressing them, but does not desire their death, and the victim commits suicide as a result of such influence, the issue of qualification is resolved by establishing the causal relationship and the form of guilt.

If it is proven that the perpetrator specifically desired the victim’s death, the issue of qualification as murder arises.

12. The Subject

The subject of the crime is a sane natural person who has reached the age of criminal responsibility.

The legislator does not establish a special subject for subparagraph 2) of part 2 of Article 105 of the Criminal Code.

Accordingly, the perpetrator may be:

• a relative;
• a spouse;
• a former spouse;
• an employer;
• a manager;
• a colleague;
• a teacher;
• an acquaintance;
• a neighbor;
• another person.

If there is a relationship of dependence between the perpetrator and the victim, the issue of applying subparagraph 1) of part 2 of Article 105 may additionally arise.

13. Relationship Between Subparagraphs 1) and 2) of Part 2 of Article 105

Subparagraph 1) provides for the commission of the act against a person who is:

• in a helpless condition;
• materially dependent;
• otherwise dependent.

Subparagraph 2) concerns commission of the act in relation to two or more persons.

These elements may coexist.

For example, if the accused brings two persons to suicide and both are materially dependent on the accused, both qualifying circumstances may theoretically be established simultaneously.

However, punishment is imposed under the relevant part of the article, and qualifying elements within the same part do not become several independent offenses merely because more than one such element is present.

14. Relationship with Subparagraph 3) of Part 2 of Article 105

Subparagraph 3) concerns commission of the act:

• by a group of persons acting upon prior conspiracy;
• by a criminal group.

If two persons exerted influence on two or more victims, several qualifying elements may be present simultaneously.

The investigation must establish the role of each participant.

With respect to criminal offenses against life and health, the Supreme Court of the Republic of Kazakhstan requires clarification of the following:

• whether prior conspiracy existed;
• whether roles were distributed;
• what actions each participant performed;
• the form of complicity of each person. (Law and Justice)

15. Relationship with Subparagraph 4) of Part 2 of Article 105

If the influence was exerted through:

• social networks;
• messaging applications;
• websites;
• information systems;
• other informatization facilities,

qualification under subparagraph 4) of part 2 of Article 105 may arise.

Where there are two or more victims, the elements of subparagraphs 2) and 4) may be considered simultaneously.

The following are of particular importance:

• screenshots;
• copies of correspondence;
• server data;
• information from telecommunications operators;
• metadata;
• IP information;
• electronic signatures;
• screen recordings;
• statements of message recipients.

16. Qualification Where the Victims Are Minors

If the act is committed against a minor, part 3 of Article 105 of the Criminal Code applies.

It provides for punishment in the form of deprivation of liberty for a term of five to nine years. (Law and Justice)

Therefore, if one of two or more victims is a minor, particular care must be taken to determine:

• the age of each victim at the time of the act;
• the content of the accused’s intent;
• whether the accused knew the victim’s age;
• the nature of the relationship;
• additional qualifying circumstances.

17. Category of the Crime

For the purposes of determining procedural consequences, it is necessary to establish the category of the criminal offense.

Subparagraph 2) of part 2 of Article 105 provides for a maximum punishment of deprivation of liberty for up to five years.

Under the general rules for classifying criminal offenses, this is of substantial importance for:

• limitation periods;
• the possibility of exemption from criminal liability;
• the application of reconciliation procedures;
• the choice of a preventive measure;
• jurisdiction;
• procedural arrangements.

In particular, Article 71 of the Criminal Code establishes a five-year limitation period for crimes of medium gravity. (Law and Justice)

Accordingly, in relation to part 2 of Article 105, the five-year limitation period must be taken into account if the specific act falls within the relevant category and there are no circumstances affecting the calculation of the period.

18. Limitation Period for Criminal Prosecution

Article 71 of the Criminal Code provides for the following limitation periods:

• 1 year — criminal misdemeanor;
• 2 years — crime of minor gravity;
• 5 years — crime of medium gravity;
• 10 years — serious crime;
• 15 years — especially serious crime.

The limitation period is calculated from the date on which the criminal offense was committed until the judgment enters into legal force. (Law and Justice)

If a person evades the investigation or the court, the running of the limitation period is suspended.

Therefore, in each specific case, it is necessary to establish:

1. the date on which the act was committed;
2. the date on which criminal prosecution commenced;
3. whether evasion occurred;
4. the date of detention or voluntary appearance;
5. whether a new crime occurred that affects the calculation of the limitation period.

19. Subject-Matter Jurisdiction

The issue of jurisdiction is governed by the Criminal Procedure Code of the Republic of Kazakhstan.

As a general rule, district courts and courts equated to them hear criminal cases as courts of first instance, except for cases assigned by law to specialized courts. (Law and Justice)

At the same time, the specialized interdistrict criminal court hears cases concerning especially serious crimes and other categories expressly listed in Article 308 of the Criminal Procedure Code. (Law and Justice)

Since subparagraph 2) of part 2 of Article 105 provides for a punishment of deprivation of liberty for up to five years, the case generally falls within the jurisdiction of a district court or a court equated to it, unless a special rule on jurisdiction applies.

Thus:

The court of first instance is a district court or a court equated to it.

20. Territorial Jurisdiction

Territorial jurisdiction is determined by the relevant provisions of the Criminal Procedure Code.

A particular feature of Article 105 is that the criminal influence may be exerted:

• at the victim’s place of residence;
• at the accused’s place of residence;
• in several locations;
• remotely through the Internet.

Where there are multiple victims, the issue of determining the place where the criminal offense was committed and consolidating proceedings may arise.

If a dispute concerning jurisdiction arises, a special procedure applies.

Article 318 of the Criminal Procedure Code provides that disputes concerning jurisdiction between courts are resolved by a higher court, whose decision is final. (Law and Justice)

 21. Investigative Jurisdiction and Departmental Jurisdiction

From a terminological perspective, it is necessary to distinguish the following:

Investigative jurisdiction — the competence of pre-trial investigation bodies;

Jurisdiction — the competence of a court;

Departmental jurisdiction, in the classical civil procedural sense, means the assignment of a dispute to a particular type of jurisdiction.

A case under Article 105 of the Criminal Code is a criminal case.

Therefore, the initial issue is not the filing of a civil claim with a civil court, but the initiation and conduct of a pre-trial investigation.

22. Initiation of a Pre-Trial Investigation

When a statement or report concerning signs of a criminal offence is received, the matter is resolved in accordance with the procedure established by the Criminal Procedure Code.

The applicant must set out the following information as precisely as possible:

• who committed the acts;
• against whom the acts were committed;
• when the acts were committed;
• where the acts were committed;
• by what means the acts were committed;
• what threats were made;
• what facts of cruel treatment occurred;
• what facts of humiliation occurred;
• when the victim attempted suicide or died by suicide;
• what evidence is available.

Where there are two or more victims, each of them must be identified separately.

23. Pre-Trial Procedure

For criminal prosecution under Article 105 of the Criminal Code, mandatory pre-trial claim or other civil-law pre-trial procedures are not required.

The protective mechanism is different:

1. a statement concerning the committed criminal offence;
2. registration of the report;
3. pre-trial investigation;
4. recognition of the victims in accordance with procedural rules;
5. collection of evidence;
6. legal classification of the act;
7. referral of the case to the prosecutor;
8. approval of the indictment;
9. referral of the case to court.

Therefore, the requirement that:

“First, a claim must be sent to the guilty person, and only then may an application be filed with the court”

does not apply to a criminal case under Article 105 of the Criminal Code.

24. Victim

Article 71 of the Criminal Procedure Code defines a victim as a person with respect to whom there are grounds to believe that moral, physical, or property damage has been directly caused by a criminal offence.

The victim has the following rights:

• to know about the suspicion and the charges;
• to give testimony;
• to submit evidence;
• to file motions;
• to raise objections;
• to use the services of an interpreter;
• to have a representative;
• to file a civil claim;
• to appeal procedural decisions.

In cases involving a crime that resulted in a person's death, the rights of the victim are exercised by the deceased person's close relatives or spouse. (Law and Legal Affairs)

25. Two or More Victims

When classifying an act under subparagraph 2) of paragraph 2 of Article 105 of the Criminal Code, the following persons may participate in the proceedings:

• two victims;
• three victims;
• four or more victims.

Each of them has an independent procedural status.

If a victim has died, their rights are exercised by the persons specified by law.

If several close relatives seek to obtain victim status, the provisions of Article 71 of the Criminal Procedure Code apply. (Law and Legal Affairs)

26. Victim's Representative

The victim has the right to have a representative.

Depending on the specific circumstances, this may be:

• a lawyer;
• another representative whose participation is permitted under the Criminal Procedure Code;
• a legal representative.

The role of a representative is particularly important in cases where the victim is in a severe psychological condition.

A representative may:

• file motions;
• submit evidence;
• examine materials in accordance with the procedure established by law;
• appeal decisions;
• participate in court hearings;
• support a civil claim.

27. Civil Claim in Criminal Proceedings

This is one of the key issues.

Article 166 of the Criminal Procedure Code provides for the possibility of considering civil claims in criminal proceedings for compensation for:

• property damage;
• moral damage;
• funeral expenses;
• treatment expenses;
• insurance payments;
• allowances;
• pensions;
• expenses related to participation in criminal proceedings;
• representation expenses.

(Law and Legal Affairs)

28. Who May File a Civil Claim

According to Article 167 of the Criminal Procedure Code, a civil claim may be filed from the commencement of the pre-trial investigation until the completion of the judicial investigation.

In cases resulting in a person's death, a civil claim may be filed by a close relative or spouse exercising the rights of the victim. (Law and Legal Affairs)

This means that, where two people have died, several independent civil claims may arise.

For example:

• the mother of the first deceased person;
• the father of the first deceased person;
• the spouse of the second deceased person.

In this case, the procedural status of each person is determined separately.

29. State Duty in Respect of a Civil Claim in a Criminal Case

The main principle is as follows:

When filing a civil claim in a criminal case, the civil claimant is exempt from paying state duty.

This is expressly provided for in paragraph 3 of Article 167 of the Criminal Procedure Code. (Law and Legal Affairs)

This is also explained in the regulatory resolution of the Supreme Court of the Republic of Kazakhstan “On Consideration of Civil Claims in Criminal Proceedings.” (Law and Legal Affairs)

Accordingly, if a relative of a deceased person files a civil claim directly within the criminal proceedings under Article 105 of the Criminal Code, no state duty is collected from that person when the claim is filed.

30. What Happens to the State Duty After the Claim Is Satisfied

Exempting a civil claimant from advance payment of state duty does not mean that there are no court costs at all.

The Supreme Court indicates that, when a civil claim is satisfied, the court resolves the issue of recovering state duty from the defendant in full or in proportion to the part of the claim that has been satisfied. (Law and Legal Affairs)

31. If a Civil Claim Is Filed Separately

If the victim does not file a civil claim in the criminal proceedings, or if the claim is left without consideration, the victim has the right to apply to the court under the procedure for civil proceedings. This follows directly from Article 166 of the Criminal Procedure Code. (Law and Legal Affairs)

In this case, the following issues must be analysed separately:

• jurisdiction under the Civil Procedure Code;
• state duty;
• limitation period for filing a claim;
• evidence;
• securing the claim;
• composition of the defendants.

32. Limitation Period for Filing a Claim

A fundamental distinction must be made here.

Criminal-law limitation period

This is governed by Article 71 of the Criminal Code.

For a medium-gravity crime — five years. (Law and Legal Affairs)

Limitation period for a civil claim

This is governed by the Civil Code.

However, claims for compensation for moral damage generally fall within the category of claims to which the limitation period does not apply, in accordance with Article 187 of the Civil Code.

Article 187 of the Civil Code expressly classifies claims for the protection of intangible benefits and personal non-property rights among claims to which the limitation period does not apply. (Law and Legal Affairs)

Regulatory Resolution No. 7 of the Supreme Court of the Republic of Kazakhstan dated 27 November 2015 specifically explains that, except in cases where the legislation provides otherwise, the limitation period does not apply to claims for compensation for moral damage. (Law and Legal Affairs)

33. Damage Caused to Life and Health

Article 187 of the Civil Code separately provides that the limitation period does not apply to claims for compensation for damage caused to life or health.

However, if such claims are filed after the relevant period has elapsed, they are satisfied for a period not exceeding three years preceding the filing of the claim. (Law and Legal Affairs)

This rule must be distinguished from claims for compensation for moral damage.

34. Restoration of the Limitation Period

With respect to claims for which the law establishes a limitation period, Article 185 of the Civil Code concerning the restoration of the period applies in exceptional circumstances.

In judicial practice, circumstances related to the claimant personally that objectively prevented the claimant from applying to the court in a timely manner are regarded as valid reasons.

In practice, the following examples are considered:

• serious illness;
• a helpless condition;
• illiteracy;
• the objective impossibility of exercising one's rights in a timely manner.

Examples of motions for restoration of the limitation period have been published on zakonpravo.kz, in which it is recommended that objective circumstances preventing a timely application to the court be substantiated. (Law and Legal Affairs)

However, a lack of legal knowledge should not, in itself, be regarded as a universal ground for restoring any limitation period.

35. Procedural Time Limits

The limitation period for filing a claim must also be distinguished from procedural time limits.

Article 126 of the Civil Procedure Code provides for the possibility of restoring a procedural time limit if it was missed for valid reasons.

The motion must be submitted to the court in which the procedural action is to be performed, and the relevant procedural action itself must be performed at the same time. (Law and Legal Affairs)

This is particularly relevant to:

• appeals;
• interlocutory complaints;
• motions;
• other procedural actions.

36. Evidence

In cases under Article 105 of the Criminal Code, the main part of the evidentiary process is proving the causal link.

Several groups of evidence must be collected.

Group 1. Actions of the Accused

• correspondence;
• messages;
• audio recordings;
• video recordings;
• publications;
• witness testimony;
• documents;
• recordings of telephone conversations obtained lawfully;
• data from information systems.

Group 2. The Victim's Condition

• medical documents;
• information about visits to doctors;
• information about consultations with a psychologist;
• information about treatment;
• testimony from relatives;
• testimony from colleagues;
• diaries;
• messages;
• electronic correspondence.

Group 3. Suicidal Behaviour

• messages sent before death;
• notes;
• circumstances of the suicide attempt;
• medical documents;
• inspection records;
• expert examination results;
• witness testimony.

Group 4. Causal Link

A body of evidence is required linking the following:

the accused's conduct → a change in the victim's condition → a suicidal act.

37. Assessment of Evidence

Article 125 of the Criminal Procedure Code requires each item of evidence to be assessed in terms of:

• relevance;
• admissibility;
• reliability.

The body of evidence must be sufficient to resolve the case. (Law and Legal Affairs)

It is particularly important that a conclusion regarding guilt should not be based by the court on a single emotional or psychological circumstance.

For example, the presence of depression in the victim does not, by itself, prove that the accused drove the victim to suicide.

Conversely, the absence of a medical diagnosis does not automatically rule out a causal link.

The entire body of evidence must be assessed.

38. Electronic Evidence

In modern cases under Article 105 of the Criminal Code, the following evidence may be of particular importance:

• WhatsApp;
• Telegram;
• Instagram;
• TikTok;
• Facebook;
• email;
• SMS;
• cloud services;
• video recordings;
• camera recordings;
• electronic documents.

However, a screenshot itself may need to be verified:

• who owns the account;
• who actually sent the message;
• when it was sent;
• whether its content has been altered;
• whether the original exists;
• whether metadata is available;
• whether its content is corroborated by other evidence.

39. Expert Examinations

Depending on the circumstances of the case, the following may be required:

• forensic psychological examination;
• forensic psychiatric examination;
• comprehensive psychological and psychiatric examination;
• computer forensic examination;
• other expert examinations.

The purpose of an expert examination is not to replace the court's legal classification, but to establish circumstances that require specialised knowledge.

The following question should not be put to an expert:

“Is the accused guilty under Article 105 of the Criminal Code?”

This is a matter for the court's legal assessment.

Within the limits of their competence, an expert may examine the relevant psychological or psychiatric circumstances.

40. Proving Systematic Conduct

Where systematic humiliation has occurred, it is necessary to prepare a table of incidents:

This approach makes it possible to avoid vague descriptions of the accusation.

41. Proving Two Victims

In a case involving two or more victims, it is necessary to create an evidence matrix:

This approach is of great importance in defending against an accusation based solely on a general description of the relationships between the parties.

42. Reconciliation

The issue of reconciliation under Article 105 of the Criminal Code must be analysed with great care.

Article 68 of the Criminal Code provides for exemption from criminal liability in connection with reconciliation only where the conditions established by law are met.

Paragraph 1 of Article 68 applies to criminal misdemeanours and minor or medium-gravity crimes that have not resulted in a person's death.

Paragraph 2 permits exemption from criminal liability for persons who have committed serious crimes in certain circumstances, but also establishes the condition that the crime must not be associated with a person's death or the infliction of serious harm to health. (Law and Legal Affairs)

Accordingly:

If the victim has died

Reconciliation under Article 68 of the Criminal Code does not apply, because the result involves a person's death.

If the victim attempted suicide and survived

The category of the crime and the remaining conditions of Article 68 must be assessed separately.

The maximum penalty under paragraph 2 of Article 105 is five years, so the matter may be considered under the mechanism applicable to medium-gravity crimes, provided that the specific act has not resulted in a person's death and there are no other statutory impediments.

43. Mediation

The Law of the Republic of Kazakhstan “On Mediation” permits mediation within criminal proceedings in cases involving criminal misdemeanours, minor and medium-gravity crimes, as well as, in certain cases provided for in paragraph 2 of Article 68 of the Criminal Code, serious crimes. (Law and Legal Affairs)

The fundamental principles of mediation are:

• voluntariness;
• equality of rights;
• independence;
• impartiality;
• inadmissibility of interference;
• confidentiality. (Law and Legal Affairs)

44. Restrictions on Mediation in Cases Resulting in Death

If a person's death occurs as a result of the act, Article 68 of the Criminal Code, as a general rule, precludes exemption from criminal liability in connection with reconciliation.

Accordingly, the existence of an agreement between the relatives of the deceased and the accused does not, by itself, terminate the criminal case.

This constitutes a fundamental distinction between:

restitution of damage

and

exemption from criminal liability.

The former may be taken into account in criminal proceedings within the limits established by law.

The latter is possible only where all the conditions provided for in Article 68 of the Criminal Code are met.

45. Mediation Agreement

When mediation is conducted, the agreement is drawn up in writing.

The Law “On Mediation” expressly provides that an agreement reached during criminal proceedings constitutes an agreement on the resolution of the conflict through restitution of the damage caused to the victim and reconciliation between the person who committed the criminal offence and the victim. (Law and Legal Affairs)

However, the agreement must not be used as a means of exerting pressure on the victim or their relatives.

46. Reconciliation with Several Victims

If there are two or more victims, an additional procedural issue arises.

The rights relating to reconciliation must be addressed with respect to each person affected by the criminal offence.

If one victim reconciles while another objects, reconciliation with one person does not, by itself, mean that criminal prosecution in respect of all episodes is automatically terminated.

This is particularly important where the qualifying circumstance of “in relation to two or more persons” is established by the total number of victims.

47. Measures of Procedural Compulsion

The Criminal Procedure Code provides for various measures of procedural compulsion.

They are applied not as punishment, but to ensure the proper conduct of criminal proceedings.

These include, in particular:

• compulsory appearance;
• monetary penalties;
• preventive measures;
• other measures provided for by the Criminal Procedure Code.

48. Compulsory Appearance

Article 157 of the Criminal Procedure Code provides for the possibility of compelling a person to appear if that person fails to appear when summoned without valid reasons.

Compulsory appearance may be applied to:

• a suspect;
• an accused person;
• a defendant;
• a witness;
• a victim.

It is carried out pursuant to a reasoned resolution of the person conducting the pre-trial investigation or of the court. (Law and Legal Affairs)

49. Monetary Penalty

Article 160 of the Criminal Procedure Code regulates the procedure for imposing a monetary penalty.

It is applied in cases provided for by the Criminal Procedure Code and is imposed by the court. (Law and Legal Affairs)

A monetary penalty must be distinguished from criminal punishment.

It is a procedural measure intended to ensure compliance with procedural obligations.

50. Preventive Measures

Article 137 of the Criminal Procedure Code provides for the following preventive measures:

1. a written undertaking not to leave the country and to ensure proper conduct;
2. personal surety;
3. placing a military servicemember under the supervision of the command of the military unit;
4. placing a minor under supervision;
5. bail;
6. house arrest;
7. detention in custody. (Law and Legal Affairs)

51. Grounds for Choosing a Preventive Measure

Article 136 of the Criminal Procedure Code of the Republic of Kazakhstan provides for the application of a preventive measure where there are sufficient grounds to believe that the suspect or accused may:

• abscond;
• obstruct the investigation;
• obstruct the court proceedings;
• continue criminal activity;
• or where the measure is necessary to ensure the execution of the judgment.

At the same time, the possibility of applying a less restrictive measure must be considered. (Law and Right)

Thus, classification under Part 2 of Article 105 does not, in itself, automatically entail detention.

52. Risk of Pressure on Victims

In cases involving incitement to suicide, the risk of exerting influence on the following persons may be of particular importance:

• the remaining victims;
• witnesses;
• relatives;
• experts;
• persons possessing electronic correspondence.

If the accused and the victims are in family, employment, or other dependent relationships, the court and the investigative authority must take the relevant circumstances into account when deciding on a preventive measure.

53. Consolidation of Criminal Cases

Article 43 of the Criminal Procedure Code permits the consolidation of criminal cases, in particular, where several persons have committed one or more criminal offenses as accomplices, or where one person has committed several criminal offenses. (Law and Right)

Where there are several victims, it may become necessary to consolidate related episodes.

However, consolidation must not result in the loss of individualization of the charges.

54. Persons Participating in the Case

A typical case may involve the following persons:

Prosecution

• prosecutor;
• investigator;
• inquiry officer;
• victim;
• representatives of the victim;
• civil claimant;
• representative of the civil claimant.

Defense

• suspect;
• accused;
• defendant;
• defense counsel;
• civil defendant;
• representative of the civil defendant.

Other Participants

• witness;
• expert;
• specialist;
• interpreter;
• court hearing secretary;
• other persons in accordance with the Criminal Procedure Code.

55. Civil Defendant

A civil claim may be brought against:

• the suspect;
• the accused;
• the defendant;
• or persons who bear material liability for their actions.

This is expressly provided for in Article 167 of the Criminal Procedure Code. (Law and Right)

The issue of involving another civil defendant may arise, for example, where the harm is subject to compensation not only by the person directly at fault, but also by another person pursuant to special provisions of civil legislation.

56. What May Constitute Material Damage

In the event of a victim’s death, the following expenses may potentially be claimed:

• funeral expenses;
• medical assistance expenses;
• treatment expenses incurred before death;
• transportation expenses;
• other directly incurred expenses;
• representation expenses.

Article 166 of the Criminal Procedure Code expressly provides for compensation for funeral expenses, treatment expenses, and expenses associated with participation in criminal proceedings. (Law and Right)

57. Moral Damage Suffered by Relatives

A person’s death may cause significant moral damage to:

• the spouse;
• parents;
• children;
• other close relatives.

Normative Resolution No. 7 of the Supreme Court of the Republic of Kazakhstan dated November 27, 2015, considers moral damage to be mental or physical suffering resulting from the unlawful violation of personal non-property rights and benefits.

The Supreme Court expressly identifies, among the circumstances capable of causing moral damage, unlawful infringement upon the life and health of the individual or their close relatives or spouse. (Law and Right)

58. Amount of Moral Damage Compensation

The law does not establish a universal fixed amount for compensation for moral damage.

The court assesses:

• the nature of the suffering;
• the degree of the violation;
• the circumstances of the offense;
• the degree of fault;
• the consequences;
• individual characteristics;
• other circumstances deserving consideration.

The Supreme Court requires the amount of compensation to be reasoned. (Law and Right)

Therefore, when preparing a claim, it is not sufficient merely to write:

“I request that 50,000,000 tenge be recovered as compensation for moral damage.”

It is necessary to explain:

• why precisely this amount is being claimed;
• what consequences have occurred;
• how the condition of the relatives has changed;
• what circumstances confirm the severity of their suffering.

59. State Duty for a Separate Civil Claim

If a civil claim is filed separately under civil proceedings, the issue of state duty is determined by the Tax Code.

The Tax Code currently in force as of January 1, 2026, is the Code of the Republic of Kazakhstan dated July 18, 2025, No. 214-VIII ZRK. Article 610 governs state duty rates. (Law and Right)

As a general rule, for a property claim:

• an individual pays 1% of the claim amount, but no more than 10,000 MCI;
• a legal entity pays 3%, but no more than 20,000 MCI.

For non-property claims, the rate is 0.5 MCI, unless otherwise established by law. (Law and Right)

However, exemptions under Article 616 of the Tax Code must be checked separately in relation to the specific claim.

60. Pre-Trial Claim Regarding a Civil Claim

If the claim is directly related to a criminal offense and is brought within criminal proceedings, a civil-law demand before initiating the criminal proceedings is not mandatory.

A civil claim may be filed directly within the criminal case from the commencement of the pre-trial investigation until the end of the judicial investigation. (Law and Right)

61. Decisions on a Civil Claim

Article 170 of the Criminal Procedure Code provides for several possible outcomes:

1. granting the claim in full;
2. granting the claim in part;
3. dismissing the claim;
4. recognizing the right to have the claim granted and referring the issue of the amount to a civil court;
5. accepting the withdrawal of the claim;
6. approving a settlement agreement or mediation agreement;
7. leaving the claim without consideration.

(Law and Right)

This makes it possible to separate the issue of the right to compensation from the more complex issue of calculating its amount.

62. Proving the Amount of Damage

For material damage, the following are required:

• receipts;
• contracts;
• invoices;
• medical documents;
• payment receipts;
• funeral documents;
• agreements with an advocate;
• bank payment records.

For moral damage, the following may be used:

• medical documents;
• expert opinions from specialists;
• testimony;
• correspondence;
• documents concerning psychological assistance;
• information about the consequences of the death;
• circumstances of family relationships.

63. Supreme Court Case Law on Article 105

The key normative source is Normative Resolution No. 1 of the Supreme Court of the Republic of Kazakhstan dated May 11, 2007, “On the Qualification of Certain Criminal Offenses Against Human Life and Health.”

Paragraph 29 directly clarifies Article 105 of the Criminal Code.

According to this clarification, the mandatory conditions for liability include:

• threats;
• systematic humiliation of human dignity;
• cruel treatment;
• bullying;
• abuse and mockery;

as well as a causal link between the perpetrator’s actions and the suicide. (Law and Right)

This resolution is the principal source of judicial interpretation of Article 105.

64. Incitement to Suicide as a Result of Torture

Normative Resolution No. 7 of the Supreme Court of the Republic of Kazakhstan dated December 28, 2009, must also be taken into account separately.

It expressly states that incitement to suicide as a result of torture is subject to qualification based on the combination of the relevant part of Article 146 of the Criminal Code and Article 102 of the Criminal Code, in the structure provided for by the applicable version of the resolution. (Law and Right)

Therefore, where acts of torture are established, it is not appropriate to mechanically limit the qualification to Article 105 alone.

The existence of a combination of criminal offenses must be examined.

65. International Law

The Constitution of the Republic of Kazakhstan establishes that the law in force includes:

• the Constitution;
• laws corresponding to it;
• other regulatory legal acts;
• international treaty and other obligations;
• normative resolutions of the Constitutional Court;
• normative resolutions of the Supreme Court.

Ratified international treaties take precedence over laws. (Law and Right)

66. International Covenant on Civil and Political Rights

The key international document is the International Covenant on Civil and Political Rights.

Article 6 of the Covenant establishes the right of every person to life.

Article 7 prohibits torture and cruel, inhuman, or degrading treatment. (Law and Right)

This is particularly important for Article 105 when qualifying conduct involving:

• systematic humiliation;
• violence;
• cruel treatment;
• torture.

67. Convention Against Torture

Kazakhstan is a party to the UN Convention Against Torture.

Article 16 of the Convention provides for the obligation of States to prevent other acts of cruel, inhuman, or degrading treatment that do not fall within the definition of torture. (Law and Right)

At the national level, this corresponds to the criminal-law protection of human dignity and life.

68. Law “On Legal Acts”

When applying subordinate regulatory acts, it is necessary to be guided by the Law of the Republic of Kazakhstan dated April 6, 2016, No. 480-V, “On Legal Acts.”

Article 10 establishes the hierarchy of regulatory legal acts.

The Constitution has the highest legal force.

It is followed, in particular, by:

1. laws introducing amendments to the Constitution;
2. constitutional laws;
3. codes;
4. laws;
5. normative resolutions of Parliament;
6. normative decrees of the President;
7. normative resolutions of the Government;
8. normative orders of ministers and other heads of central state bodies;
9. normative orders of heads of departments;
10. normative decisions of maslikhats and other local regulatory acts.

A lower-level regulatory legal act must not contradict an act of higher legal force. (Law and Right)

69. Normative Resolutions of the Supreme Court

Normative resolutions of the Supreme Court occupy a special position.

The Constitution of the Republic of Kazakhstan includes them in the law in force.

The Law “On Legal Acts” separately regulates normative resolutions of the Constitutional Court and the Supreme Court, while Article 10 indicates that they are outside the established hierarchy of ordinary regulatory legal acts. (Law and Right)

The following are of key importance for Article 105:

1. Normative Resolution No. 1 of the Supreme Court of the Republic of Kazakhstan dated May 11, 2007 — “On the Qualification of Certain Criminal Offenses Against Human Life and Health.”

2. Normative Resolution No. 7 of the Supreme Court of the Republic of Kazakhstan dated December 28, 2009 — on the application of criminal and criminal procedure legislation concerning liberty, dignity, torture, and cruel treatment.

3. Normative Resolution No. 1 of the Supreme Court of the Republic of Kazakhstan dated June 20, 2005 — “On the Consideration of a Civil Claim in Criminal Proceedings.”

4. Normative Resolution No. 7 of the Supreme Court of the Republic of Kazakhstan dated November 27, 2015 — “On the Application by Courts of Legislation on Compensation for Moral Damage.”

70. Principal Regulatory Legal Acts

For a comprehensive analysis of a case under Subparagraph 2) of Part 2 of Article 105 of the Criminal Code, the following system of legal sources should be used:

Constitution of the Republic of Kazakhstan

In particular:

• Article 1;
• Article 12;
• Article 13;
• Article 17;
• Article 18;
• Article 75;
• Article 77.

Criminal Code of the Republic of Kazakhstan

First and foremost:

• Article 3 — basic concepts;
• Article 4 — application of criminal law;
• Article 6 — retroactive effect;
• Article 11 — categories of criminal offenses;
• Article 12 — repeated commission and concurrence of criminal offenses;
• Article 14 — liability;
• Article 15 — age;
• Article 19 — guilt;
• Article 21 — forms of guilt;
• Article 24 — preparation and attempt;
• Article 28 — complicity;
• Article 35 — circumstances excluding criminal liability;
• Article 68 — reconciliation;
• Article 71 — limitation periods;
• Article 99 — murder;
• Article 105 — incitement to suicide.

Criminal Procedure Code of the Republic of Kazakhstan

In particular:

• Article 23 — adversarial proceedings;
• Article 43 — consolidation of criminal cases;
• Article 71 — victim;
• provisions concerning defense counsel;
• provisions concerning evidence;
• Article 113 — circumstances subject to proof;
• Article 125 — assessment of evidence;
• Article 136 — preventive measures;
• Article 137 — types of preventive measures;
• Article 138 — circumstances considered when choosing a preventive measure;
• Article 157 — compulsory appearance;
• Article 160 — monetary penalty;
• Articles 166–170 — civil claim;
• Article 306 — jurisdiction of district courts;
• Article 308 — jurisdiction of specialized interdistrict courts;
• Article 318 — resolution of disputes concerning jurisdiction.

71. Law “On Mediation”

The principal provisions are:

• Article 1 — scope of application;
• Article 3 — objectives;
• Article 4 — principles;
• Article 10 — rights and obligations of the mediator;
• Article 17 — procedure and methods for conducting mediation;
• Article 21 — mediation agreement;
• Article 27 — agreement on settlement of the dispute.

Mediation is a voluntary and confidential procedure. (Law and Right)

72. Practical Model for Proving the Case

For the prosecution, the following logical structure is of greatest importance:

First level:

the accused committed specific acts.

↓

Second level:

the acts were unlawful and corresponded to the objective elements of Article 105.

↓

Third level:

the conduct was directed at a specific victim.

↓

Fourth level:

the victim developed the relevant psychological condition.

↓

Fifth level:

the victim died by suicide or attempted suicide.

↓

Sixth level:

a causal link exists.

↓

Seventh level:

there were at least two such victims.

Only after all elements have been established does a basis arise for qualification under Subparagraph 2) of Part 2 of Article 105.

73. Position of the Defense

The following issues are most significant for the defense:

1. What specific acts of the accused have been established?
2. What evidence supports them?
3. Were the acts unlawful?
4. Were they systematic in nature?
5. What is their causal relationship with the suicidal behavior?
6. Were there independent causes?
7. What was the victim’s psychological condition?
8. Were there other difficult life circumstances?
9. Has the existence of a single qualifying circumstance in relation to two persons been proven?
10. Have several independent events been conflated?
11. Are there grounds for qualification as murder?
12. Are there grounds for a different qualification?
13. Have the requirements concerning the admissibility of evidence been observed?

74. Alternative Causes

When proving causation, other possible factors must be taken into account:

• family conflict;
• economic problems;
• illnesses;
• traumatic events;
• workplace conflicts;
• domestic violence by other persons;
• other circumstances.

The existence of alternative circumstances does not automatically mean that the elements of the offense are absent.

However, the investigation is obliged to examine their significance objectively.

This is precisely why the Supreme Court requires the establishment of a causal link rather than reliance solely on the formal chronological sequence of events.

75. Significance of the Chronological Sequence

The existence of the following sequence:

conflict → deterioration of condition → suicide

does not, by itself, prove causation.

It is necessary to examine:

• when the conduct began;
• how long it continued;
• when behavioral changes appeared;
• whether the victim sought assistance;
• to whom the victim reported what was happening;
• what events occurred immediately before the attempt;
• what circumstances the victim personally indicated.

76. Suicide Note or Message

A suicide note may have significant evidentiary value.

However, its evidentiary significance must be assessed with due regard to:

• authenticity;
• authorship;
• time of preparation;
• content;
• other evidence;
• the author’s possible emotional state.

It does not relieve the investigative authority of its obligation to establish the remaining elements of the offense.

77. Witness Testimony

The testimony of the following persons is of particular importance:

• relatives;
• friends;
• colleagues;
• neighbors;
• teachers;
• medical professionals;
• psychologists;
• other persons who observed the relationship between the parties.

However, it must be taken into account that many witnesses have observed only individual episodes.

Therefore, witness testimony should be compared with objective materials.

78. Documentation of Digital Information

Where electronic evidence exists, it is advisable to ensure:

• preservation of the original;
• recording of the date;
• recording of the source;
• identification of the account;
• procedural documentation of the content;
• expert examination, where necessary.

An ordinary screenshot is only one element of the body of evidence.

79. Court Proceedings

The following must be examined in court:

• the charges;
• prosecution evidence;
• defense evidence;
• victim testimony;
• witness testimony;
• expert opinions;
• written materials;
• electronic evidence;
• civil claims.

An independent set of circumstances must be established in relation to each victim.

80. Principle of Adversarial Proceedings

Article 23 of the Criminal Procedure Code establishes adversarial proceedings and equality of the parties.

The suspect, accused, and defendant have the right to:

• deny guilt;
• admit guilt;
• reconcile with the victim in cases provided for by law;
• enter into procedural agreements;
• participate in the presentation and examination of evidence through the defense.

The victim, in turn, has the right to present evidence and support their claims. (Law and Right)

81. Specific Features of Court Hearings Involving Several Victims

The court must avoid a situation in which the emotional impact of the circumstances concerning one victim is automatically transferred to another.

For example:

• evidence relating to Victim No. 1 must not automatically be treated as evidence relating to Victim No. 2;
• testimony from the relatives of one victim does not automatically establish a causal link in relation to the second victim;
• the existence of a common conflict does not eliminate the need to examine the individual circumstances of each case.

82. Specific Example of Legal Qualification

Suppose that a person systematically humiliated and threatened two employees.

Employee No. 1 attempted suicide.

Employee No. 2 also attempted suicide.

In this case, the following evidence is available:

• electronic correspondence;
• testimony from colleagues;
• audio recordings;
• medical documents;
• messages from the victims;
• an expert examination.

If it is established that the accused’s actions constitute the objective elements of Article 105 and are causally connected to the actions of both victims, the issue of qualification under Subparagraph 2) of Part 2 of Article 105 arises.

83. Another Example

A person was involved in conflicts with two relatives.

One of them died by suicide.

The second had a previously diagnosed mental disorder and had undertaken suicidal acts independently of the conflict.

In such a situation, the mere fact that the accused interacted with both persons is insufficient.

A causal link must be established separately for each victim.

If such a link is not proven in relation to the second victim, formally including that person among the victims for the purposes of the qualifying element is questionable.

84. Example Involving the Internet

The accused systematically published humiliating posts about two persons and sent them messages.

After prolonged exposure to this conduct, both victims attempted suicide.

The following qualifying circumstances may arise simultaneously:

• Subparagraph 2) of Part 2 of Article 105 — two or more persons;
• Subparagraph 4) of Part 2 of Article 105 — use of telecommunications networks, information technology facilities, or the Internet.

In this case, the specific acts and their causal relationship with each victim must be established.

85. Example Involving a Minor

If one of the two victims is a minor, Part 3 of Article 105 must be examined.

If the act is committed against a minor, Article 105 provides for a separate qualified offense punishable by restriction of liberty or imprisonment for a term of five to nine years. (Law and Right)

Thus, the victim’s age may change not merely the severity of the punishment but also the part of the article applicable to the case.

86. Qualification Errors

Typical errors include:

Error No. 1

Treating suicide as sufficient evidence of an offense under Article 105.

Error No. 2

Failing to prove the causal link.

Error No. 3

Automatically treating two persons as two victims for the purposes of the qualifying element.

Error No. 4

Failing to establish the specific acts of the accused in relation to each victim.

Error No. 5

Ignoring the possibility of qualification under Article 99.

Error No. 6

Automatically treating reconciliation as grounds for termination of the case.

Error No. 7

Confusing the limitation period for criminal prosecution with the limitation period for a civil claim.

Error No. 8

Treating a screenshot as automatically reliable and admissible evidence.

87. Significance of Article 105 for a Civil Claim

A civil claim must establish:

1. The fact of unlawful conduct;
2. The existence of damage;
3. Causation;
4. The amount of damage;
5. The person liable for the damage.

If the claim is considered in criminal proceedings, it is proved in accordance with the rules of the Criminal Procedure Code. (Law and Right)

88. If the Accused Is Acquitted

Article 170 of the Criminal Procedure Code provides for the consequences for a civil claim in the event of an acquittal.

If the following have not been established:

• the occurrence of the criminal offense;
• the defendant’s involvement;
• guilt;

the court may dismiss the civil claim in cases provided for by law. (Law and Right)

However, a separate civil dispute may have its own specific features depending on the grounds of the claim.

89. Referral of the Issue of the Amount to Civil Proceedings

If the right to compensation for damage has been established, but the exact amount cannot be calculated without postponing the criminal case, the court may recognize the right to satisfaction of the civil claim and refer the issue of the amount to civil proceedings.

This is expressly provided for in Article 170 of the Criminal Procedure Code. (Law and Right)

In practice, this is important when:

• the amount of future expenses cannot be determined precisely;
• additional calculations are required;
• it is necessary to establish the amount of certain property claims.

90. The Main Legal Issue in Qualification

For Subparagraph 2) of Part 2 of Article 105, the most complex issue is not merely the existence of two victims.

The main issue is to prove a unified legal structure in relation to each victim.

The statement:

“Two people suffered as a result of the accused’s conduct”

is not equivalent to the statement:

“It has been proven that the act provided for in Part 1 of Article 105 was committed in relation to each of the two victims.”

It is the second formulation that is necessary for qualification under Subparagraph 2) of Part 2.

91. Prosecution Checklist

For the prosecution:

□ identify each victim;

□ determine the specific acts;

□ establish the period of exposure;

□ establish the form of the conduct;

□ collect objective evidence;

□ establish suicide or attempted suicide;

□ establish the causal link;

□ exclude alternative causes or assess their significance;

□ determine the form of guilt;

□ examine the elements of other parts of Article 105;

□ examine Article 99;

□ examine complicity;

□ determine the category of the offense;

□ examine limitation periods;

□ ensure the rights of the victims;

□ resolve the issue of the civil claim;

□ ensure the preservation of digital evidence.

92. Defense Checklist

For the defense:

□ verify the legality of the initiation and investigation of the case;

□ identify the specific episodes of the charges;

□ examine the evidence relating to each victim;

□ examine the causal link;

□ identify alternative causes;

□ examine the admissibility of electronic correspondence;

□ examine expert opinions;

□ verify the correct determination of the subjective element;

□ examine the distinction between Article 105 and Article 99;

□ examine the existence of the qualifying element “two or more persons”;

□ examine the category of the offense;

□ examine limitation periods;

□ verify compliance with the right to defense;

□ verify the legality of preventive measures;

□ examine procedural time limits;

□ examine the civil claim;

□ examine the calculation of moral and material damage.

93. Final Legal Structure

For qualification under Subparagraph 2) of Part 2 of Article 105 of the Criminal Code, the following must be proven:

Protected interest: human life and personal interests protected by criminal law.

Objective element: the acts provided for in Part 1 of Article 105 — threats, cruel treatment, systematic humiliation of human dignity, incitement to suicide, or assistance in suicide.

Result: suicide or attempted suicide.

Causal link: between the perpetrator’s conduct and the result.

Number of victims: two or more.

Subject: a sane natural person who has reached the age of criminal responsibility.

Subjective element: in accordance with the Supreme Court’s clarification, intentional commission of the relevant acts accompanied by a negligent attitude toward the criminal result; where there is direct intent to cause death, qualification under Article 99 of the Criminal Code may arise. (Law and Right)

94. Jurisdiction, State Duty, and Procedural Issues — Summary Table

95. Main Links to zakonpravo.kz

Criminal Code

Article 105 of the Criminal Code of the Republic of Kazakhstan — incitement to suicide, inducing a person to commit suicide, or assisting in suicide: Article 105 of the Criminal Code of the Republic of Kazakhstan

Article 68 of the Criminal Code of the Republic of Kazakhstan — reconciliation: Article 68 of the Criminal Code of the Republic of Kazakhstan

Article 71 of the Criminal Code of the Republic of Kazakhstan — limitation periods: Article 71 of the Criminal Code of the Republic of Kazakhstan

Criminal Procedure Code

Article 71 of the Criminal Procedure Code — victim: Article 71 of the Criminal Procedure Code of the Republic of Kazakhstan

Article 166 of the Criminal Procedure Code — civil claims: Article 166 of the Criminal Procedure Code of the Republic of Kazakhstan

Article 167 of the Criminal Procedure Code — filing a civil claim: Article 167 of the Criminal Procedure Code of the Republic of Kazakhstan

Article 170 of the Criminal Procedure Code — decisions on a civil claim: Article 170 of the Criminal Procedure Code of the Republic of Kazakhstan

Article 125 of the Criminal Procedure Code — assessment of evidence: Article 125 of the Criminal Procedure Code of the Republic of Kazakhstan

Article 136 of the Criminal Procedure Code — grounds for applying preventive measures: Article 136 of the Criminal Procedure Code of the Republic of Kazakhstan

Article 137 of the Criminal Procedure Code — preventive measures: Article 137 of the Criminal Procedure Code of the Republic of Kazakhstan

Article 157 of the Criminal Procedure Code — compulsory appearance: Article 157 of the Criminal Procedure Code of the Republic of Kazakhstan

Article 306 of the Criminal Procedure Code — jurisdiction of district courts: Article 306 of the Criminal Procedure Code of the Republic of Kazakhstan

Article 308 of the Criminal Procedure Code — jurisdiction of specialized interdistrict courts: Article 308 of the Criminal Procedure Code of the Republic of Kazakhstan

Normative Resolutions of the Supreme Court

Normative Resolution No. 1 dated May 11, 2007 — offenses against life and health: Normative Resolution No. 1 dated May 11, 2007

Normative Resolution No. 7 dated December 28, 2009 — dignity, torture, and cruel treatment: Normative Resolution No. 7 dated December 28, 2009

Normative Resolution No. 1 dated June 20, 2005 — civil claims in criminal proceedings: Normative Resolution No. 1 dated June 20, 2005

Normative Resolution No. 7 dated November 27, 2015 — moral damage: Normative Resolution No. 7 dated November 27, 2015

Mediation

Article 1 of the Law “On Mediation”: Article 1 of the Law “On Mediation”

Article 4 — principles of mediation: Article 4 of the Law “On Mediation”

Legal Acts

Article 10 of the Law “On Legal Acts” — hierarchy of regulatory legal acts: Article 10 of the Law “On Legal Acts”

96. Final Conclusion

Subparagraph 2) of Part 2 of Article 105 of the Criminal Code of the Republic of Kazakhstan constitutes a qualified offense of incitement to suicide, inducing a person to commit suicide, or assisting in suicide where the relevant act is committed against two or more persons.

The principal subject of proof is not merely the number of victims, but, above all, the existence of the complete elements of the criminal offense in relation to each victim.

For each person, it is necessary to establish:

specific conduct → unlawfulness → suicidal behavior → result → causal link → the perpetrator’s subjective attitude.

The clarifications of the Supreme Court of the Republic of Kazakhstan are of particular importance. According to these clarifications, a causal link between the perpetrator’s conduct and the suicide is a mandatory condition for liability under Article 105 of the Criminal Code. (Law and Right)

At the same time, it is necessary to consistently distinguish between:

• Article 105 of the Criminal Code and Article 99 of the Criminal Code;
• Part 2 and Part 3 of Article 105;
• Subparagraph 2) and the other qualifying elements of Part 2;
• the limitation period for criminal prosecution and the limitation period for a civil claim;
• a civil claim in criminal proceedings and separate civil proceedings;
• reconciliation as a procedural institution and the fact of making reparation for harm;
• admissible evidence and information obtained in violation of the Criminal Procedure Code.

For a civil claim, Articles 166–170 of the Criminal Procedure Code are particularly important: such a claim may be filed in a criminal case from the commencement of the pre-trial investigation until the end of the judicial investigation, and the civil claimant is exempt from paying state duty. (Law and Right)

For claims seeking compensation for moral damage, the rule established by Article 187 of the Civil Code is of fundamental importance: as a general rule, limitation periods do not apply to claims for the protection of intangible benefits and personal non-property rights, or to claims for compensation for moral damage. This is confirmed by Normative Resolution No. 7 of the Supreme Court dated November 27, 2015. (Law and Right)

Finally, when applying subordinate regulatory acts, it is necessary to take into account the hierarchy established by the Law “On Legal Acts”: a subordinate regulatory legal act may not contradict the Constitution, codes, or laws, while normative resolutions of the Supreme Court occupy a special position within the system of law in force. (Law and Right)

Thus, legally correct qualification under Subparagraph 2) of Part 2 of Article 105 of the Criminal Code of the Republic of Kazakhstan requires not the formal establishment of the existence of two victims, but proof of two independent causal chains, united by the qualifying element of committing an act provided for by Article 105 against two or more persons.

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