Commentary to article 56. Sentencing for an unfinished crime The Criminal Code of the Republic of Kazakhstan of the Criminal Code of the Republic of Kazakhstan

     1. When assigning punishment for an unfinished crime, the circumstances by virtue of which the crime was not completed are taken into account.      

2. The term or amount of punishment for preparation for a crime may not exceed half of the maximum term or amount of the most severe type of punishment provided for in the relevant article of the Special Part of this Code for a completed crime.      

3. The term or amount of punishment for an attempted crime may not exceed three quarters of the maximum term or amount of the most severe punishment provided for in the relevant article of the Special Part of this Code for an unfinished crime.      

4. The death penalty and life imprisonment for preparation for a crime and attempted crime are not imposed.      

The current criminal legislation provides for certain features of sentencing for unfinished crimes.      

An unfinished crime has two stages: preparation and attempt, they differ from each other both in the actual side and in the severity of the deed. Due to the absence of socially dangerous consequences, these actions are considered less dangerous than the completed crime. Therefore, the legislator takes a differentiated approach to the imposition of punishment for an unfinished crime, while separating the preparation and the attempt, and introduces formalized limits on the imposition of punishment for them.      

First of all, according to Part 1 of Article 56 of the Criminal Code of the Republic of Kazakhstan, when sentencing an unfinished crime, the circumstances are taken into account, due to which the crime was not completed.      

Preparing for a crime is considered a less dangerous act. Therefore, the law provides for a more lenient punishment compared to the punishment for attempted and completed crimes. The term or amount of punishment for preparation for a crime may not exceed half of the maximum term or amount of the most severe type of punishment provided for in the relevant article of the Criminal Code for a completed crime (Part 2 of Article 56 of the Criminal Code).      

An attempted crime is a more dangerous type of unfinished crime than preparation, but less dangerous than a completed crime. Therefore, the term and amount of punishment for an attempt is set slightly higher than for preparation, but lower than for a completed crime. Thus, according to Part 3 of Article 56 of the Criminal Code of the Republic of Kazakhstan, the term or amount of punishment for an attempted crime may not exceed three quarters of the maximum term or amount of the most severe type of punishment provided for in the relevant article of the Special Part of the Criminal Code for a completed crime.      

At the same time, unlike preparation for a crime, in which criminal liability arises for preparation only for a grave or especially grave crime (Part 2 of Article 24 of the Criminal Code of the Republic of Kazakhstan), criminal liability for an attempt occurs only when an attempt is made to commit a crime of moderate gravity, grave or especially grave crime (part 4 of Article 24 of the Criminal Code of the Republic of Kazakhstan).      

56 of the Criminal Code of the Republic of Kazakhstan prohibits the use of the death penalty and life imprisonment for preparation for a crime and for attempted crime, for which such sanctions are imposed in relation to the completed crime.       In the case of an unfinished crime, even if there is a corresponding recidivism, the maximum penalties may not exceed the time limits and amounts specified in art.56 of the Criminal Code.

Commentary from 2007 to the Criminal Code of the Republic of Kazakhstan from the Honored Worker of Kazakhstan, Doctor of Law, Professor, Academician of the Kazakhstan National Academy of Natural Sciences BORCHASHVILI I.Sh.                  

Date of amendment of the act:  08/02/2007 Date of adoption of the act:  08/02/2007 Place of acceptance:  NO Authority that adopted the act: 180000000000 Region of operation:  100000000000 NPA registration number assigned by the regulatory body:  167 Status of the act:  new Sphere of legal relations:  028000000000 Report form:  COMM Legal force:  1900 Language of the Act:  rus

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