Compulsory Payment Imposed on a Person Who Has Committed a Criminal Offense

📘 GENERAL CHARACTERISTICS

Article 98-1 of the Criminal Code of the Republic of Kazakhstan introduces a new mechanism — a compulsory payment (mandatory monetary contribution) collected from the guilty person for the purpose of compensating damage and supporting victims, including through the Victim Compensation Fund.

🔹 This measure:

• is not a punishment;

• has a compensatory and public-law nature;

• serves to implement the principle of justice and restoration of victims’ rights (Article 7 of the Criminal Code of the RK).

📑 STRUCTURAL ANALYSIS

🔹 Purpose of Application

“for the purpose of protecting the rights and legitimate interests of victims…”

📌 The compulsory payment is aimed at:

• ensuring compensation for damage;

• financing the Fund from which payments to victims are made;

• increasing the offender’s responsibility before society and the victim.

It complements:

• a civil claim (Article 162 of the Criminal Procedure Code of the RK);

• a judicial fine (Article 71-1 of the Criminal Code of the RK);

• and other forms of damage compensation.

🔹 From Whom It Is Collected

“from the guilty person who has committed a criminal offense…”

📌 The recovery is applied to a person recognized as guilty by the court:

• under a court verdict that has entered into legal force;

• for a criminal offense — both a crime and a criminal misdemeanor.

🔸 The issue of imposing the compulsory payment is resolved within the court verdict — no separate civil claim is required.

🔹 Form and Amount

“in the form of a fixed monetary amount established by Article 98-2…”

📌 The amount of the payment is strictly determined by law — it is not arbitrarily determined by the court.

→ See Article 98-2 of the Criminal Code of the RK, which specifies:

• specific amounts (in Monthly Calculation Indices – MCI);

• their dependence on the category of the offense.

🔹 Procedure for Collection

“in accordance with the legislation on the Victim Compensation Fund…”

📎 The main regulatory act:

• Law of the Republic of Kazakhstan dated January 10, 2018 No. 167-VI “On the Victim Compensation Fund.”

📌 According to this Law:

• the payment is transferred to the republican budget (Article 10);

• administration is carried out by the General Prosecutor’s Office and the Ministry of Finance;

• the court specifies the payment details and deadlines in the verdict.

⚖️ EXAMPLE FROM PRACTICE

Case No. 1-1013/2023 (Almaty)The defendant was found guilty of intentionally causing moderate bodily harm.

The court imposed a fine of 300 MCI as the main punishment and additionally collected a compulsory payment of 30 MCI to the Victim Compensation Fund.

🔹 The victim also received a payment from the Fund, since the defendant at the time of the verdict was in a temporary detention facility and could not voluntarily compensate the damage.

📚 RELATED LEGAL NORMS

🔸 Criminal Code of the Republic of Kazakhstan:

• Article 98-2 — amount of the compulsory payment;

• Article 71-1 — judicial fine (as an alternative to punishment);

• Article 46 (para. 7) — other measures of a criminal-law nature.

🔸 Criminal Procedure Code of the Republic of Kazakhstan:

• Article 162 — civil claim;

• Article 387-1 — procedure for applying the compulsory payment.

🔸 Law “On the Victim Compensation Fund”:

• Articles 3–6 — categories of victims entitled to compensation;

• Article 10 — procedure for crediting funds;

• Article 12 — reporting and control over the use of the Fund.

🌍 INTERNATIONAL PRACTICE

Mechanisms for compulsory payments in favor of victims exist in many countries:

• 🇩🇪 Germany — Schmerzensgeld (compensation for pain and suffering);

• 🇺🇸 United States — Victim Compensation Programs administered by states;

• 🇫🇷 France — Fonds de Garantie, a centralized fund for compensating victims of crimes;

• 🇪🇺 Directive 2012/29/EU — obliges states to ensure victims’ access to compensation even if the offender cannot pay independently.

📌 The compulsory payment mechanism in Kazakhstan represents a step toward harmonizing national legislation with international standards on victims’ rights protection.

✅ CONCLUSION

Article 98-1 of the Criminal Code of the Republic of Kazakhstan establishes an innovative mechanism of social and legal justice:

• ensures an additional guarantee of compensation for victims;

• increases the responsibility of offenders;

• strengthens public trust in justice;

• supports the implementation of the constitutional right of victims to compensation for damage (Article 13 of the Constitution of the RK).

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