Commentary to article 76. Exemption from criminal liability and punishment on the basis of an act of amnesty or pardon of the Criminal Code of the Republic of Kazakhstan of the Criminal Code of the Republic of Kazakhstan
1. The amnesty Act is issued by the Parliament of the Republic of Kazakhstan in respect of an individually unspecified group of persons.
2. On the basis of the amnesty act, persons who have committed crimes may be released from criminal liability. Persons convicted of committing a crime may be released from punishment, or the punishment imposed on them may be reduced or replaced with a more lenient type of punishment, or such persons may be released from an additional type of punishment. Persons who have served their sentence or have been released from further serving it may have their criminal record lifted by an amnesty act.
The Amnesty Act does not apply to persons who have committed grave or especially grave crimes, as well as to those who are punished for dangerous or especially dangerous recidivism of crimes.
3. An act of pardon for an individually determined person, in respect of whom a guilty verdict has entered into legal force, is issued by the President of the Republic of Kazakhstan.
4. Upon pardon, a person convicted of a crime may be released from further serving his sentence, or the sentence imposed on him may be reduced or replaced by a more lenient type of punishment. A criminal record may be lifted from a person who has served a sentence by an act of pardon.
The announcement of the amnesty act, according to paragraph 6 of Article 54 of the Constitution of the Republic of Kazakhstan, is under the jurisdiction of the Parliament of the Republic of Kazakhstan. Acts of amnesty are usually adopted in connection with the occurrence of any events or anniversaries in the state. So, on February 16, 1991, the Kaz Law was adopted.USSR "On Amnesty in connection with the adoption of the Declaration on State Sovereignty of the Kazakh Socialist Republic", October 5, 1994 - the Law of the Republic of Kazakhstan "On Amnesty in connection with the International Year of the Family", July 15, 1996 - the Law of the Republic of Kazakhstan "On Amnesty in connection with the first anniversary of the new Constitution of the Republic of Kazakhstan", December 29, 2000. - The Law of the Republic of Kazakhstan "On amnesty in connection with the 10th anniversary of the adoption of the Declaration of State Sovereignty of the Republic of Kazakhstan", February 19, 2002 - The Law of the Republic of Kazakhstan "On Amnesty in connection with the tenth anniversary of Independence of the Republic of Kazakhstan", January 9, 2006 - The Law of the Republic of Kazakhstan "On Amnesty in connection with the celebration of Independence Day of the Republic of Kazakhstan".
The act of amnesty entails the criminal law consequences established in the criminal law.
In their content, acts of amnesty may contain prescriptions:
- on the release from criminal liability of persons who have committed crimes;
- on the release of persons convicted of crimes from punishment or from its further serving;
- about the reduction of the imposed punishment;
- to replace the imposed punishment with a more lenient type of punishment;
- on release from additional punishment; - on the removal of a criminal record (part 2 of Article 76 of the Criminal Code of the Republic of Kazakhstan).
Thus, the amnesty of February 16, 1991 extended, in particular, to those sentenced to imprisonment or other non-custodial punishments, regardless of the sentence imposed: those who took part in military operations to defend the Motherland; those awarded orders and medals of the USSR; disabled people of groups 1 and 2; women with minor children, as well as pregnant women; men over 60; women over 55.
The punishment imposed by the court may be reduced or replaced with a more lenient one. Thus, the amnesty of October 5, 1994 reduced by half the unserved part of the punishment for persons who do not fall within the scope of articles 1-3 of the Law of the Republic of Kazakhstan "On Amnesty", convicted of crimes committed through negligence.
Acts of amnesty usually restrict or exclude the use of eO to certain categories of persons. Thus, the amnesty of October 5, 1994 was not applied, in particular, to persons who had previously been released from punishment by way of pardon or amnesty and had committed a crime again; who had not completed a full course of treatment for alcoholism, drug addiction or sexually transmitted diseases; who had previously been convicted more than twice for an intentional crime; who were recognized as particularly dangerous repeat offenders; convicted and brought to criminal responsibility for certain grave, especially grave types of crimes, etc.
On the basis of the Law of the Republic of Kazakhstan "On Amendments and Additions to the Criminal Code, the Criminal Procedure Code of the Republic of Kazakhstan on improving Criminal Legislation" dated January 8, 2007, the following addition was made to Part 2 of Article 76 of the Criminal Code: "the amnesty act does not apply to persons who have committed serious or especially serious crimes, as well as those who are punished with dangerous or a particularly dangerous recidivism of crimes."
The amnesty act combines exemption from criminal liability and punishment.
The amnesty does not question either the legality or the validity of the court's verdict. The amnesty only mitigates the fate of those who have committed crimes, including those convicted.
The specific content of the amnesty is defined in the amnesty act itself.
Unlike an act of amnesty, a pardon is granted to an individually determined person. According to paragraph 15 of Article 44 of the Constitution of the Republic of Kazakhstan, pardon is carried out by the President of the Republic of Kazakhstan.
In accordance with Part 3 of Article 76 of the Criminal Code of the Republic of Kazakhstan, the act of pardon applies only to a person convicted of a crime. The pardon is not of a normative nature and applies to an individually determined person or several persons designated by name. The right of the President of the Republic of Kazakhstan to grant clemency is not limited to a range of persons, nor to categories of crimes, nor to types of punishments.
According to Part 4 of Article 76 of the Criminal Code of the Republic of Kazakhstan, an act of pardon may entail the following criminal consequences for such a person:
1) a person may be released from further serving of a sentence;
2) the punishment imposed on him may be reduced or replaced by a more lenient type of punishment.;
3) a criminal record may be removed from a person who has served a sentence.
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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