Commentary to article 82. Compulsory educational measures of the Criminal Code of the Republic of Kazakhstan of the Criminal Code of the Republic of Kazakhstan

     1. The following compulsory educational measures may be imposed on a minor by a court:      

a) Warning;      

b) transfer to the supervision of parents or persons replacing them, or a specialized government agency;      

c) the obligation to make amends for the damage caused;      

d) restriction of leisure time and establishment of special requirements for the behavior of a minor;      

e) placement in a special educational or medical educational institution for minors.      

2. Several compulsory educational measures may be imposed on a minor at the same time.      

Compulsory measures of educational influence are a type of measures of state coercion. However, unlike punishment, they have a different legal essence, purpose, and do not entail a criminal record.      

The Criminal Code of the Republic of Kazakhstan has introduced various types of compulsory educational measures, allowing the court to choose the one that is most appropriate for this minor. The system of compulsory educational measures provided for by law creates the basis for the release of minors from criminal liability and punishment with the use of compulsory educational measures. In accordance with the current criminal legislation, the basis for the application of compulsory educational measures is the commission by a minor for the first time of a crime of minor and moderate severity, the possibility of achieving correction through the use of compulsory educational measures.      

The commented article provides an exhaustive list of types of compulsory educational measures. The court may not prescribe other measures not specified in this article. However, since compulsory educational measures are not divided into basic and additional measures, several educational measures may be assigned to a minor at the same time (Part 2, Article 82 of the Criminal Code).      

It is inappropriate to apply these measures to a person who has not admitted his guilt in committing a crime, and it should be borne in mind that a confession, like any other evidence, should be critically evaluated. A minor may have good reasons for self-incrimination (for example, fear of criminal punishment or of an actual criminal).      

The possibility of correcting a minor may be established based on the nature and degree of danger of this particular crime, the identity of the perpetrator, the conditions of his life and upbringing, and other circumstances of the case.

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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