Exemption from Criminal Liability in Connection with Reconciliation
🔷 1. General Characteristics of the Institution
Exemption from criminal liability due to reconciliation is an alternative form of concluding criminal prosecution when:
- the victim and the accused reach an agreement;
- the harm caused is redressed;
- and the court, on this basis, terminates the criminal case.
📌 This institution is aimed at restoring social justice, reducing the repressive nature of criminal law, and promoting mediation as a mechanism for pre-trial and judicial settlement.
🔷 2. Commentary on the Parts of the Article
🔹 Part 1. Exemption for Minor and Medium-Gravity Offences
“A person is subject to exemption if he/she has reconciled with the victim and has redressed the harm.”
📌 Conditions:
- The offence must be a misdemeanour or a crime of minor or medium gravity;
- Reconciliation with the victim (personally or through mediation);
- Redressing the harm (compensation, apology, or other restoration of justice);
- The crime must not be related to causing death.
✅ Example:
The accused in intentional damage to another’s property fully compensated the loss and reconciled with the victim. The case was terminated under Article 68.
🔹 Part 2. Special Categories – for Grave Crimes
This part extends the application of the institution to grave crimes only with respect to privileged categories:
| Category | Conditions |
|---|---|
| Minors | If no grievous bodily harm or death was caused |
| Pregnant women | The same |
| Women with young children | The same |
| Single fathers with children | The same |
| Women ≥ 58 / Men ≥ 63 | The same |
📌 An additional requirement is that the crime must not be connected with grievous harm or death.
🔹 For minors, Article 85 of the Criminal Code (compulsory educational measures) is also applied.
🔹 Part 3. Reconciliation when Harm Is Caused to Society or the State
Reconciliation is possible even without a specific victim if the harm was caused to public or state interests.
📌 Conditions:
- Voluntary admission of guilt and sincere repentance;
- Full redress of the damage (for example, payment of taxes, elimination of consequences);
- Absence of obstacles listed in Part 4.
📌 Applicable, for instance, to:
- tax evasion;
- illegal entrepreneurship.
🔹 Part 4. Exceptions
Reconciliation is not allowed in cases of:
- Torture;
- Crimes against the sexual inviolability of minors (except “minor ↔ minor” situations);2-1. Violence against minors if the accused is not a minor;
- Negligent crimes resulting in death (with limited exceptions);
- Corruption offences;
- Terrorist crimes;
- Extremist crimes;
- Crimes committed as part of an organised group;
- Repeated offences after previous exemption under Article 68;
- Repeated domestic-violence offences after reconciliation;
- Human trafficking.
📌 These restrictions are intended to prevent impunity for acts with increased public danger.
🔷 3. Judicial Practice
✅ Example where applied:
A minor committed theft for the first time. The damage was repaid and a mediation agreement was signed. The court terminated the case under Article 68 and applied educational measures.
❌ Example where impossible:
A person previously exempted under Article 68 committed a new medium-gravity crime within the limitation period. The court refused to apply the institution.
🔷 4. Related Norms
- Article 35 of the Criminal Procedure Code – grounds for termination of the case;
- Article 85 of the Criminal Code – measures toward minors;
- Articles on domestic violence;
- Law of Kazakhstan “On Mediation”;
- Article 71 – limitation periods.
🔷 5. International Standards
- UN Convention on the Rights of the Child (Art. 40) supports mediation and reconciliation;
- UN Guidelines on Juvenile Justice encourage alternatives;
- The European Court of Human Rights has stressed caution with mediation in cases of violence against women and children.
🔷 6. Conclusion
Article 68 of the Criminal Code of Kazakhstan:
✅ allows termination of prosecution based on restoration of justice;✅ reduces the burden on law-enforcement bodies;✅ promotes humanisation of the process.
🔴 At the same time, its scope is clearly limited in the interests of protecting society from particularly dangerous acts.
Attention!
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