Commentary to article 65. Exemption from criminal liability in connection with active repentance of the Criminal Code of the Republic of Kazakhstan of the Criminal Code of the Republic of Kazakhstan
1. A person who has committed a minor or moderate crime for the first time may be released from criminal liability if, after committing the crime, he voluntarily turned himself in, or contributed to the disclosure of the crime, or otherwise made amends for the damage caused by the crime.
2. A person who has committed a crime, with the exception of a grave or special grave crime against a person, may be released from criminal liability by a court if he has actively contributed to the prevention, disclosure or investigation of crimes committed by an organized group or criminal community (criminal organization), and the exposure of other accomplices in crimes committed by an organized group or criminal community (criminal organization organization).
3. A person who has committed a crime of a different category, subject to the conditions provided for in parts one and two of this Article, may be released from criminal liability only in cases specifically provided for in the relevant articles of the Special Part of this Code.
Exemption from criminal liability in connection with active repentance (Article 65 of the Criminal Code of the Republic of Kazakhstan) is a new type of exemption from criminal liability of a person who has committed a crime.
The grounds for exemption from criminal liability under Part 1 of Article 65 of the Criminal Code of the Republic of Kazakhstan are:
a) the commission of a minor or moderate crime;
b) committing a crime for the first time;
c) turning himself in, contributing to the detection of a crime, or making amends for the harm caused by the crime in any other way.
Crimes of minor gravity, according to Part 2 of Article 10 of the Criminal Code of the Republic of Kazakhstan, are intentional acts for which the maximum penalty provided for in the Criminal Code does not exceed two years in prison, and for reckless acts for which the maximum penalty provided for in the Criminal Code does not exceed five years in prison. Crimes of moderate severity are recognized as intentional acts for which the maximum penalty provided for in the Criminal Code does not exceed five years in prison, and for reckless acts for which the penalty is imprisonment for a period of more than five years.
According to Part 1 of Article 65 of the Criminal Code, they form not only the commission of a minor and moderate crime for the first time, but also a certain behavior of the perpetrator after its commission. The law binds him to active repentance. Active repentance presupposes an admission of guilt in the commission of the specified crime, supported by active actions. The criminal law refers to such actions as: voluntary surrender; contributing to the detection of a crime; or otherwise making amends for the harm caused by the crime.
A confession takes place when, after committing a crime, a person voluntarily appeared to law enforcement agencies before they became aware of the fact of the crime or the person responsible for its commission and reported the crime committed by him. In accordance with Article 179 of the Criminal Procedure Code of the Republic of Kazakhstan, a statement of surrender can be submitted to law enforcement agencies in writing or orally. An oral statement of surrender is recorded in the protocol in compliance with the requirements of Article 179 of the CPC. At the same time, the applicant is warned about criminal liability for knowingly false denunciation under art.351 of the Criminal Code of the Republic of Kazakhstan. A statement about a crime is no longer voluntary and is not recognized as a confession if it is made to an official of the investigative body in connection with the arrest as a suspect and the person has confirmed his participation in the crime. Facilitating the detection of a crime means actively assisting investigative authorities in establishing all the circumstances of the committed act, exposing accomplices, providing tools and means of committing a crime, handing over items obtained by criminal means, etc.
A condition for exemption from criminal liability under Part 1 of Article 65 of the Criminal Code is also the reparation of the damage caused, which must be voluntary and come from the perpetrator himself. It can be expressed in the restoration of damaged property, its repair, and the provision of monetary compensation. Compensation is subject not only to material, but also to moral damage. For example, when slandering and insulting - a public apology to the victim.
The grounds for exemption from criminal liability under Part 2 of Article 65 of the Criminal Code of the Republic of Kazakhstan are:
a) the commission of a crime, with the exception of grave or especially grave;
b) the commission of this crime against a person;
c) actively contribute to the prevention, disclosure, or investigation of crimes committed by an organized group or criminal community (criminal organization), and the exposure of other accomplices in crimes committed by an organized group or criminal community (criminal organization).
Part 2 of Article 65 of the Criminal Code provides for the possibility of releasing from criminal liability a person who has committed an act that does not fall under the signs of a grave (Part 4 of Article 10 of the Criminal Code) or an especially grave (part 5 of Article 10 of the Criminal Code) crime against a person, provided that such a person actively contributed to the prevention, disclosure or investigation of crimes committed by an organized group (Part 3 of Article 31 of the Criminal Code) or a criminal community (part 4 of Article 31 of the Criminal Code), exposing other accomplices of crimes committed by such criminal formations.
The Law essentially sets out the criteria for release related to the fact of the act itself and the person in respect of whom the issue of release is being raised. Activity presupposes a voluntary, by virtue of an inner conviction, desire and desire to assist in solving a crime committed by an organized group or criminal community.
In addition, a special part of the criminal legislation of the Republic of Kazakhstan, subject to certain conditions, establishes a number of cases of exemption from criminal liability of persons who have committed certain crimes (Part 3 of Article 65 of the Criminal Code). Thus, according to the note to Article 165 of the Criminal Code of the Republic of Kazakhstan, a person who has committed high treason (Article 165 of the Criminal Code), espionage (Article 166 of the Criminal Code) or forcible seizure of power or forcible retention of power (art. 168 of the Criminal Code), is exempt from criminal liability if, by voluntary and timely notification to state authorities or otherwise contributed to the prevention of damage to the interests of the Republic of Kazakhstan and if his actions do not contain elements of another crime. Paragraph 2 of the note to Article 312 of the Criminal Code of the Republic of Kazakhstan also states that a person who has given a bribe is exempt from criminal liability if an official has extorted a bribe from him or if this person voluntarily informed the body authorized to initiate criminal proceedings about giving a bribe. A number of articles of the Criminal Code of the Republic of Kazakhstan provide for the possibility of exemption from criminal liability of military personnel and those liable for military service (see, for example, Article 326 of the Criminal Code - evasion from military service; Article 372 of the Criminal Code - unauthorized abandonment of a unit or place of service; Article 373 of the Criminal Code - desertion; Article 375 of the Criminal Code -violation of the rules of combat duty; Article 376UK - violation of the rules of 377 of the Criminal Code - violation of the statutory rules of guard duty (watch) 378 of the Criminal Code of the Republic of Kazakhstan - violation of the statutory rules of internal service or patrol in the garrison; art. 379 of the Criminal Code - violations of the rules of service for the protection of public order and ensuring public safety; Article 381 of the Criminal Code - negligent attitude to service).
When a person commits crimes of a different category of severity, if this crime does not relate to an act for which the relevant article provides for a special type of active repentance (based on part 3 of the commented article), the actions of the person falling under the signs of active repentance should be taken into account as mitigating circumstances (paragraph 53 of the Criminal Code) in the presence of such circumstances, and in the absence of aggravating circumstances, the term or amount of punishment for committing a crime of small and medium gravity may not exceed half, for committing a serious crime - two thirds, for committing a particularly serious crime - three quarters of the maximum term or amount of the most severe type of punishment, provided for by the relevant article of the Special Part of the Criminal Code (see: part 4 of art.53 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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