Establishment of Special Requirements for the Conduct of a Person Who Has Committed a Criminal Offense
📘 GENERAL CHARACTERISTICS
Article 98-3 of the Criminal Code of the Republic of Kazakhstan introduces a special criminal-legal measure aimed at controlling the offender's behavior without imprisonment and without imposing a criminal sentence. It serves as:
- an alternative to punishment;
- a restrictive protective measure for the victim (including in cases of domestic and family violence);
- a tool for resocialization and prevention.
🔹 This measure may be applied:
- when imposing a sentence;
- when releasing from criminal liability;
- when terminating a case due to reconciliation between the parties.
📑 ARTICLE-BY-ARTICLE ANALYSIS
🔹 Part 1. Establishing special requirements by the court
“…at the court’s initiative or at the request of the parties…”
🔸 The court may impose obligations on the offender to comply with certain restrictions, even if they are released from criminal liability or punishment.
📌 Possible restrictions include:
- prohibition of contact with the victim;
- prohibition on carrying weapons;
- prohibition on alcohol or drug use;
- obligation to undergo psychological counseling.
📎 Purpose — to protect the victim, prevent recidivism, and restore social justice.
🔹 Part 2. Eviction from shared housing
“...in exceptional cases… prohibition on living in the same dwelling as the victim…”
📌 This measure applies:
- in violent crimes (including domestic violence);
- for up to 30 days;
- may apply to jointly owned property.
🔹 Example: A person commits battery (Art. 108-1) against a spouse. Upon the victim’s request and psychologist’s conclusion, the court may issue an order temporarily prohibiting cohabitation.
🔹 Parts 3–4. Obligation to appear at the police
“…for preventive conversations from one to four times a month…”
📌 This measure:
- is an element of administrative supervision;
- is allowed even after case dismissal due to reconciliation, if the offense was violent.
📎 Internal affairs bodies are obligated to:
- register such individuals;
- conduct preventive conversations;
- assess the risk of re-offending.
🔹 Part 5. Procedure under the Code of Criminal Procedure (CCP)
“…in accordance with Article 165 of the CCP of the RK…”
📌 According to Article 165 of the CCP, when dismissing a case due to reconciliation, the court may:
- issue an order imposing restrictions;
- specify the duration, content, and enforcement methods.
📎 Mandatory:
- victim’s consent;
- consideration of the nature of the act and the offender's personality.
⚖️ PRACTICAL CASE
Case No. 1-544/2024, KostanayA citizen was found guilty of making death threats (Art. 115 of the CC) but was released from liability due to reconciliation.The court imposed special requirements:
- no approach to the victim;
- alcohol prohibition;
- obligation to appear at the police station twice a month.
Violation of the restrictions was recorded — the court revoked the dismissal and imposed punishment.
📚 RELATED PROVISIONS
🔸 Criminal Code (CC) of the RK:
- Art. 15 — classification of offenses;
- Arts. 98-1 to 98-2 — compensation measures;
- Arts. 108-1, 109-1 — domestic and family violence;
- Art. 44 — probation supervision (analogous mechanism).
🔸 Criminal Procedure Code (CPC) of the RK:
- Art. 165 — dismissal of the case due to reconciliation;
- Art. 387-1 — application of additional restrictions;
- Art. 385 — court rulings on dismissal and consequences.
🌍 INTERNATIONAL STANDARDS
Measures similar to Art. 98-3 of the CC of the RK are widely used in countries with developed legal systems:
| Country | Instrument |
|---|---|
| 🇩🇪 Germany | Kontaktverbot (contact ban) |
| 🇫🇷 France | Contrôle judiciaire |
| 🇬🇧 UK | Restraining Orders, Non-Molestation Orders |
| 🇪🇺 EU | Directive 2011/99/EU — victim protection |
📌 In these jurisdictions, such measures are flexible, individualized, and subject to judicial control.
✅ CONCLUSION
Article 98-3 of the CC RK is:
- a tool for personalized legal influence;
- an important institution for victim protection, especially in the context of domestic violence;
- a means of prevention and resocialization, not involving isolation.
It ensures a balance between:
- humanizing criminal policy,
- protecting victims’ rights, and
- effectively monitoring offenders' behavior.
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