Comment to article 173. Compensation Fund for Victims The Criminal Procedure Code of the Republic of Kazakhstan
Persons recognized as victims by a decision of the criminal prosecution body in the cases, procedure, amounts and terms stipulated by the legislative act on the victims compensation fund have the right to immediately receive full or partial state monetary compensation from this fund.
The categories of victims eligible for immediate State compensation are determined by the legislative act on the Victims Compensation Fund.
The court imposes the obligation to reimburse the money paid to the victims compensation fund in the amount of the fee determined by the legislative act on the victims compensation fund, by sentencing:
1) the guilty person;
2) legal representatives of the minor found guilty;
3) a legal entity that, in accordance with the law, bears financial responsibility for damage caused by a criminally punishable act of an individual.
If a person is simultaneously found guilty of committing several criminally punishable acts, the fee is calculated based on the most serious of them.
The decision to terminate the pre-trial investigation on the grounds provided for in paragraphs 3), 4) and 12) of the first part of Article 35, the first part of Article 36 of this Code, is the basis for the collection in a civil procedure to the victims compensation fund of fees from the persons specified in the second part of this Article in the amount established by the legislative act on this fund.
In reality, compensation for the harm caused by a crime can take place after the entry into force of a judicial act. In this regard, as well as the late execution or non-execution of a court decision in relation to a civil claim in criminal cases, a civil plaintiff may seek compensation for years.
Meanwhile, victims of a crime need urgent financial assistance for treatment, maintenance of disabled persons who were dependent on the victim who died as a result of the crime, restoration of a destroyed home and for other similar purposes. In addition, during the compulsory execution of a judicial act in terms of a civil claim, enforcement documents are often returned to court due to the debtor's lack of property to which it is possible to foreclose, the insolvency of convicts due to the lack of work in places of deprivation of liberty, the death of debtors and other reasons.
Due to the presence of subjective and objective circumstances, victims have the right, in cases, in the manner, in the amount and within the time limits established by law, to receive full or partial state monetary compensation from the Fund for Compensation to Victims of Criminal Offenses, the organization of which corresponds to the principle that "the state should not leave the victim alone with his misfortune."
In turn, the court imposes a sentence on the guilty person who has committed a criminal offense, the legal representatives of a minor found guilty of committing a criminal offense, and a legal entity that, in accordance with the law, is financially responsible for the harm caused by the criminally punishable act of an individual. In cases of termination of the pre-trial investigation on the grounds provided for in paragraphs 3, 4, 12 of part 1 of Article 35, part 1 of Article 36 of the CPC, the collection of compensation to the fund for victims of criminal offenses from the persons specified in part two of this Article shall be carried out in a civil procedure.
Commentary to the Criminal Procedure Code of the Republic of Kazakhstan from the Supreme Court of the Republic of Kazakhstan
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