Exemption from Criminal Liability

due to the Expiration of the Statute of Limitations

🔷 1. General Characteristics

The statute of limitations for bringing a person to criminal liability is a period established by law after the expiration of which a person may not be subjected to criminal prosecution, provided that they were not held criminally liable within that time.

📌 This institution is based on the principles of justice, legal certainty, and the loss of public necessity for punishment after a long lapse of time.

🔷 2. Limitation Periods by Categories of Offenses (Part 1)

📌 The limitation period is calculated from the date the crime was committed until the sentence enters into legal force (Part 2).

🔷 3. Peculiarities of Calculation, Suspension, and Interruption of Limitation Periods

✅ Running of limitation periods (Part 2):

• The statute of limitations applies until the sentence enters into legal force, not until it is rendered.

🚫 Criminal misdemeanors — no suspension or interruption (Part 3):

• Even if the person commits a new offense or absconds, this does not affect the limitation period.

⏸️ Suspension of limitation periods (Part 4):

• If a person evades investigation or trial, the limitation period is suspended until:

  • the person is detained, or

  • the person voluntarily appears with a confession.

📌 Maximum limitation periods for persons evading justice:

🔁 Interruption of limitation periods (Part 4):

• The limitation period is interrupted if, before its expiration:

  • the person commits a new serious or especially serious crime;

• In such cases, the calculation of the limitation period begins anew from the moment the new crime is committed.

📌 In other cases (minor crimes), a separate limitation period applies to each crime.

🔷 4. Connection with a Procedural Agreement (Part 4-1)

• When a motion is filed to conclude a plea agreement and return assets (under Article 67-1 of the Criminal Code of the Republic of Kazakhstan), the running of the limitation period is suspended.

• If the agreement is not concluded, the calculation of the limitation period resumes.

📌 This exception is intended to encourage cooperation with investigative authorities in economic and corruption-related cases.

🔷 5. Special Cases (Part 5)

⚖️ Life imprisonment:

• Upon expiration of the statute of limitations, the issue is decided by the court, which may:

  • apply exemption from criminal liability, or

  • replace life imprisonment with 25 years of imprisonment.

🔷 6. EXCEPTIONS: When the Statute of Limitations Does NOT Apply (Part 6)

📌 Such crimes are not subject to oblivion, even after decades.

🔷 7. Judicial Practice

✅ Example 1 (exemption):

A citizen committed a crime under Article 188, Part 1 (theft, minor crime) in 2021. The case was referred to court in 2024. The court exempted the person from criminal liability due to the expiration of the two-year limitation period (Clause 2, Part 1, Article 71).

❌ Example 2 (continuation of prosecution):

A person accused of a serious crime evaded justice for 12 years and was detained in 2024. The limitation period was suspended, not interrupted → criminal prosecution is still possible.

❌ Example 3 (non-application of limitation):

In a case involving violent sexual acts against a minor (Article 121), the defense requested exemption due to the expiration of a 15-year limitation period. The court refused, applying Part 6 of Article 71.

🔷 8. Related Legal Provisions and International Standards

🔷 9. Legal Significance

📌 The statute of limitations in criminal law performs the following functions:

• protective — protects against endless prosecution;

• humanitarian — recognizes the loss of public danger over time;

• stimulating — encourages voluntary surrender or repentance;

• ensures legal certainty and trust in the judicial system.

🔷 10. Conclusion

Article 71 of the Criminal Code of the Republic of Kazakhstan is an important guarantor and regulatory mechanism that limits criminal prosecution in time, with the exception of the most serious and socially intolerable crimes.

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