Commentary to article 85. Limitation periods of the Criminal Code of the Republic of Kazakhstan of the Criminal Code of the Republic of Kazakhstan

     The limitation periods provided for in Articles 69 and 75 of this Code shall be reduced by half when minors are released from criminal liability or from serving their sentences.      

The commented article defines the specifics of calculating the limitation periods for the release of minors from criminal liability or from serving a sentence.      

Based on the content of this article, it should be noted that the limitation period, including its interruption and suspension, is determined for minors in the same way as for adults.      

According to paragraph 30 of the Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan dated April 11, 2002 No. 6 "On judicial practice in cases of juvenile delinquency and their involvement in criminal and other antisocial activities" (as amended by the regulatory Resolution of the Supreme Court of the Republic of Kazakhstan dated 07/11/03 No. 4), it should be borne in mind that The limitation periods for criminal prosecution and the limitation period for the execution of a conviction against minors, by virtue of Article 85 of the Criminal Code, are half of those stipulated in Article. 69 and 75 of the Criminal Code are the time limits established for adults, regardless of whether the accused or convicted person has reached the age of majority at the time of criminal prosecution or at the time of execution of the sentence.      

On the basis of the provision set out in the commented article, a minor is released from criminal liability if the following time limits have expired since the date of the commission of the crime:      

a) one year after the commission of a minor crime;      

b) two and a half years after the commission of a moderate crime;      

c) five years after the commission of a serious crime;      

d) seven and a half years after the commission of a particularly serious crime. A minor convicted of a crime is released from serving his sentence if the guilty verdict has not been carried out within the following time limits, counting from the date of its entry into force.:      

a) one and a half years in case of conviction for a minor crime;      

b) three years upon conviction for a crime of moderate severity;      

c) five years upon conviction for a serious crime;      

d) seven and a half years upon conviction for a particularly serious crime.

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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