Exemption from Criminal Liability upon Fulfillment of Conditions of a Plea Bargain and Return of Illegally Acquired Assets
🔷 1. Legal Nature of the Norm
Article 67-1 of the Criminal Code of the Republic of Kazakhstan (CC RK) introduces a special ground for exemption from criminal liability for individuals who:
· have entered into a procedural agreement,· have pleaded guilty,· have returned illegally acquired assets, → and fulfilled all the conditions of the agreement.
📌 This norm serves as an anti-corruption mechanism aimed at the recovery of assets obtained through criminal means, especially in the sphere of economic and corruption-related offenses.
🔷 2. Difference from Article 67 of the CC RK
| Parameter | Article 67 CC RK | Article 67-1 CC RK |
|---|---|---|
| Type of agreement | Any procedural agreement | Only plea bargains involving asset recovery |
| Mandatory conditions | Fulfillment of all agreement conditions | Guilty plea + return of illegal assets |
| Target orientation | General (all categories except particularly serious and sexual crimes) | Anti-corruption, asset recovery |
| Legal basis | Articles 35, 613–621 of the CPC RK | Articles 35-1, 621-1 of the CPC RK (presumed) |
🔷 3. Conditions for Application of Article 67-1
To qualify for exemption under Article 67-1 CC RK, all the following conditions must be met:
✅ 1. A plea agreement has been concludedThe prosecution and the suspect/accused entered into an agreement under Article 621 of the Criminal Procedure Code (CPC RK), which includes:
· acknowledgment of guilt;· return of assets;· waiver of evasion from investigation or trial.
✅ 2. Return of illegally acquired assetsThe individual returned assets (money, property, or property encumbered by third-party rights) obtained as a result of:
· corrupt actions;· economic violations;· crimes against property or the financial system.
✅ 3. Full execution of the agreementThe court must establish that all conditions were met in good faith and in full. Only then can exemption from criminal liability be granted.
🔷 4. Law Enforcement and Case Examples
✅ Example of application:A former head of a state enterprise entered into a plea agreement, admitting guilt in the embezzlement of 1 billion KZT in budget funds. He voluntarily returned assets, including overseas real estate and bank accounts. The court exempted him from criminal liability under Article 67-1 CC RK.
❌ Refusal of application:The suspect admitted guilt but only partially returned the illegally acquired assets. The court ruled that the conditions had not been met in good faith and refused exemption.
🔷 5. Relation to Other Legal Norms
| Norm of CC / CPC RK | Content |
|---|---|
| Article 67 CC RK | General provision for release via agreement |
| Articles 35, 35-1 CPC RK | Termination of the case upon agreement |
| Articles 613–621 CPC RK | Procedure for entering into procedural agreements |
| Law of RK “On Combating Corruption” | Includes the institution of voluntary compensation for damage |
| Articles 245–246, 366–370 CC RK | Offenses where Article 67-1 is most often applied |
🔷 6. International Standards
🔹 UN Convention Against Corruption (UNCAC):Articles 30, 37, and 39 recommend encouraging cooperation with justice authorities in exchange for mitigation or avoidance of prosecution, provided damage is compensated.
🔹 GRECO (Group of States against Corruption):Urges the development of asset recovery procedures, including through plea bargains, prioritizing restitution over repression.
🔹 ECHR, case of Natsvlishvili and Togonidze v. Georgia (2014):A plea agreement is a legitimate instrument if reached voluntarily and knowingly.
🔷 7. Conclusion
Article 67-1 of the CC RK is a specialized mechanism for exemption from criminal liability in anti-corruption and economic investigations, under which:
· the state recovers assets that have lost their legal character;· the accused has an opportunity to avoid conviction and punishment by demonstrating cooperation and good faith;· public interests are upheld through the restoration of economic damage.
📌 At the same time, the law leaves room for judicial discretion, allowing consideration of motives, extent of compensation, degree of guilt admission, and active cooperation.
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
