Exemption from Criminal Liability Due to a Change in Circumstances
🔷 1. General Characteristics
Article 70 of the Criminal Code of the Republic of Kazakhstan establishes a humanitarian ground for exemption from criminal liability if:
· at the time of judicial consideration, the social danger of the committed act has ceased, or· the accused no longer poses a danger to society due to changes in external circumstances or personal conditions.
📌 This provision reflects the principles of justice and expediency of criminal prosecution, where the purposes of punishment (Article 39 of the Criminal Code) have already been achieved without its imposition.
🔷 2. Commentary on the Provisions of the Article
🔹 Part 1: Objective Change in Circumstances
“...as a result of a change in circumstances, the committed act has ceased to be socially dangerous.”
✅ Key features:
· a change in external (social, political, economic) circumstances;· such change results in the loss of social danger of the act itself.
📌 Examples:
· Decriminalization of the act: the conduct has been excluded from the Criminal Code or its social danger has been significantly reduced;· Change in the social order: for example, acts previously classified as violations of an emergency regime later lose their relevance and social harm;· Elimination of consequences: where the damage has been fully compensated and the situation has completely normalized.
⚖️ Judicial practice:
In a case concerning violation of epidemiological regulations (Article 304 of the Criminal Code), the court found that by the time of trial the situation had stabilized, the epidemiological threat no longer existed, and the harm had been remedied; consequently, the individual was exempted from criminal liability.
🔹 Part 2: Change in the Characteristics of the Offender
“...as a result of subsequent impeccable conduct, by the time the case is considered by the court, the person can no longer be regarded as socially dangerous.”
✅ Conditions:
· the person has committed for the first time:○ a criminal misdemeanor, or○ a minor or medium-gravity crime;· the person demonstrated impeccable behavior after the offense;· the court concludes that the imposition of criminal liability is inexpedient.
📌 Examples of such behavior:
· active participation in public life;· full compensation for the damage caused;· positive character references;· voluntary assistance to the investigation.
⚖️ Judicial practice:
A young man, charged for the first time with intentionally causing harm of medium gravity to health (Article 107 of the Criminal Code), led an impeccable lifestyle for two years prior to trial, was employed, and compensated the damage. The court exempted him from criminal liability under Article 70.
🔷 3. Comparison with Other Articles of the Criminal Code
| Article | Ground | Distinguishing Feature |
|---|---|---|
| Article 65 | Active repentance | Requires voluntary confession and assistance to the investigation |
| Articles 67–69 | Agreement, surety, etc. | Formal mechanisms involving the parties |
| Article 68 | Reconciliation with the victim | Requires the will of the victim |
| Article 70 | Change in circumstances / behavior | Exemption based on loss of social danger, even without the victim’s participation |
🔷 4. Legal Nature and Doctrine
📚 In criminal law theory, Article 70 reflects:
· an objective approach to assessing social danger;· recognition that not every crime requires a punitive response if the meaning of punishment has been lost;· implementation of the principle of humanism (Article 2 of the Criminal Code of the Republic of Kazakhstan).
🔹 A court decision on exemption from criminal liability is rendered based on a comprehensive analysis of all circumstances, including the offender’s characteristics, the facts of the case, and post-offense behavior.
🔷 5. Related Legal Provisions and Acts
| Provision | Content |
|---|---|
| Articles 2, 3, 39 of the Criminal Code | Principles of criminal liability |
| Articles 65–69 of the Criminal Code | Other grounds for exemption from liability |
| Articles 9, 35 of the Criminal Procedure Code | Grounds for termination of criminal prosecution |
Regulatory Resolutions of the Supreme Court of the Republic of Kazakhstan:
– Resolution No. 9 of 25 December 2020On the Humanization of Criminal Legislation and Mitigation of Liability
– Resolution No. 10 of 25 December 2020On the Application of Exemption from Punishment and Criminal Liability
🔷 6. International Standards
🔹 International Covenant on Civil and Political Rights, Article 10:States must aim at the rehabilitation of the individual, not merely at punishment.
🔹 United Nations Standard Minimum Rules (Tokyo Rules):→ Encourage the use of alternatives to criminal punishment, particularly where social danger has been eliminated.
🔹 ECtHR case law:The principle of proportionality requires that punishment must not exceed society’s need for repression(Engel v. the Netherlands, 1976).
🔷 7. Conclusion
Article 70 of the Criminal Code of the Republic of Kazakhstan is an important instrument of humanization and individualization of criminal liability, allowing:
✅ exemption from punishment of individuals who no longer pose a danger to society and have demonstrated repentance;✅ preservation of social justice;✅ reduction of criminal-law repression where criminal punishment has lost its purpose.
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.
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