Criminal Liability of Minors
Legal Commentary on Article 80 of the Criminal Code of the Republic of Kazakhstan“Criminal Liability of Minors”
1. General Characteristics of the Article
Article 80 of the Criminal Code of the Republic of Kazakhstan introduces the fundamental concept of a minor as a subject of criminal liability, establishes the age threshold, and specifies the possible forms of the state’s legal response: punishment or compulsory educational measures.
This provision serves as an introduction to the entire Section VI of the Criminal Code of the Republic of Kazakhstan (“Specific Features of the Criminal Liability of Minors”) and reflects the priority of a rehabilitative and educational approach toward juvenile offenders, which is consistent with international standards.
2. Commentary on the Parts of the Article
Part 1: Age of Criminal Liability
- The age range is established:
- from 14 to 18 years at the time of the commission of the act — the person is recognized as a minor.
- Age is determined at the time of the act, not at the time of initiation of criminal proceedings, delivery of the verdict, etc.
⚖️ Example from practice:
A teenager who turned 14 one day before committing theft was recognized as subject to criminal liability, despite the fact that by the time of the court hearing he had already reached the age of 18.
📚 Related provisions:
- Article 15 of the Criminal Code of the Republic of Kazakhstan — Age of criminal liability
- Article 81 of the Criminal Code of the Republic of Kazakhstan — Specific features of sentencing minors
- UN Convention on the Rights of the Child, Article 40 — Special guarantees for children in criminal proceedings
Part 2: Forms of Legal Response
- The main approaches to the legal responsibility of a minor:
- Punishment — including restriction or deprivation of liberty.
- Compulsory educational measures — an alternative to punishment, aimed at correction and resocialization.
🔍 This provision reflects the principle of the prevalence of educational measures in cases of minor social danger of the act or where mitigating circumstances are present.
⚖️ Example:
A 16-year-old minor who committed hooliganism (Article 293 of the Criminal Code of the Republic of Kazakhstan) causing minor bodily harm was released from punishment by the court, and a measure was applied in the form of placement under parental supervision and referral to social adaptation courses.
3. International Standards and Norms
- Convention on the Rights of the Child (1989):
- Article 40: each state should strive to ensure that responses to juvenile offenses provide for proportionate and rehabilitative sanctions.
- Beijing Rules (1985) — UN Standard Minimum Rules:
- Preference for alternative measures aimed at re-education (e.g., work with the family and community).
- Havana Rules (1990) — on conditions of detention of juveniles.
- Mandela Rules (UN Standard Minimum Rules for the Treatment of Prisoners) — emphasize the need for a special approach to children.
4. Generalization of Judicial Practice of the Republic of Kazakhstan
- According to data of the Supreme Court of the Republic of Kazakhstan (generalization of 2021):
- In more than 65% of cases involving minors, educational measures rather than punishments are applied (e.g., community service, parental supervision).
- The main mitigating circumstance is recognized as age and social immaturity.
- Resolutions of the Supreme Court emphasize the necessity of assessing the psychological condition and level of development of the adolescent when choosing the measure of punishment.
5. Related Articles of the Criminal Code of the Republic of Kazakhstan
- Article 15 — Age of criminal liability
- Article 82 — Compulsory educational measures
- Articles 81–89 — Specific features of prosecution, sentencing, and exemption from punishment with regard to minors
6. Conclusion
Article 80 serves as the legal foundation for a humane approach in the criminal legislation of Kazakhstan toward juvenile offenders. It complies with the international obligations of the Republic of Kazakhstan and ensures a balance between measures of criminal repression and opportunities for the resocialization of adolescents.
Attention!
Law and Law Law Law draws your attention to the fact that this document is basic and does not always meet the requirements of a particular situation. Our lawyers are ready to assist you in legal advice, drawing up any legal document suitable for your situation.
For more information, please contact a Lawyer / Attorney by phone: +7 (708) 971-78-58; +7 (700) 978 5755, +7 (700) 978 5085.
Attorney at Law Almaty Lawyer Legal Services Legal Advice Civil Criminal Administrative Cases Disputes Protection Arbitration Law Firm Kazakhstan Law Office Court Cases
