Exemption from Criminal Liability upon Fulfillment of the Terms of a Procedural Agreement
🔷 1. General Characteristics of the Article
Article 67 of the Criminal Code of the Republic of Kazakhstan establishes a legal mechanism whereby a person who has entered into and fulfilled the terms of a procedural agreement may be exempted from criminal liability.
🔹 This allows the state to:
· save judicial resources;
· encourage cooperation with investigative authorities;
· ensure compensation to victims;
· reduce the duration and cost of criminal proceedings.
📌 This article works in conjunction with Articles 35, 613–621 of the Criminal Procedure Code of the Republic of Kazakhstan, which regulate the conclusion and implementation of procedural agreements.
🔷 2. Conditions for Application of the Article
📌 Grounds:
The fact of full compliance with all terms of the procedural agreement between:
· the suspect/accused and
· the prosecutor.
📌 Possible terms of the agreement (see Article 35 of the Criminal Procedure Code):
· confession of guilt;
· cooperation in solving crimes;
· compensation for damages to the victim;
· testimony against accomplices and organizers;
· other terms agreed by the parties.
📌 Outcome:
If all conditions are fulfilled, the prosecutor may petition the court, and the court has the right to exempt the person from criminal liability.
🔷 3. Commentary on the Provisions of the Article
🔹 Part 1. Possibility of Exemption
"A person who has fulfilled all the terms of a procedural agreement may be exempted..."
🔸 This is a discretionary power of the court, not an obligation. The court considers:
· the nature of the crime;
· the degree of participation of the person;
· good faith in fulfilling the agreement;
· the personality of the accused and the consequences of the act.
📌 Exemption is granted based on a judicial act, following a motion by the prosecution and confirmation of the fulfillment of the agreement terms.
🔹 Part 2. Restriction: Crimes Against the Sexual Integrity of Minors
"...except in cases where such a crime was committed by a minor against another minor..."
🔹 Persons who committed:
· rape (Article 120),
· lewd acts (Article 124),
· other acts against the sexual integrity of persons under 18 — are not eligible for exemption under Article 67, even if an agreement exists.
🔹 Exception: if a minor (14–17 years old) committed such a crime against another minor (14–17 years old). This reflects a humanistic approach to adolescent behavior.
📌 See also: Articles 66 and 65 of the Criminal Code — similar exceptions are made for minors in other exemption mechanisms.
🔷 4. Judicial Practice
✅ Example 1: Exemption Applied
An accused under Article 189 of the Criminal Code (embezzlement of entrusted property) entered into a plea agreement, voluntarily returned the damages, and testified against accomplices. The court, upon the prosecutor’s motion, exempted him from liability under Article 67.
❌ Example 2: Exemption Denied
An accused charged with violent sexual acts against a minor (Article 121-1 of the Criminal Code) offered a procedural agreement and compensated for the harm. The court denied the exemption: the category of the crime excludes the application of Article 67.
🔷 5. Related Legal Provisions
| Norm | Content |
|---|---|
| Article 35 of the CPC RK | Grounds for termination of proceedings |
| Articles 613–621 of the CPC RK | Procedural agreement (conclusion, execution, judicial review) |
| Article 65 of the CC RK | Exemption due to active repentance |
| Article 70 of the CC RK | Exemption from punishment |
| Law of the RK "On Combating Corruption" | Special aspects of agreements in corruption-related crimes |
🔷 6. International Standards
🔹 UN Convention against Corruption (Articles 37, 39):→ States are encouraged to promote cooperation with judicial authorities, including through agreements and exemption from prosecution.
🔹 European Convention on Human Rights, Article 6:→ Allows termination of prosecution in cases of voluntary and informed confession, while preserving the right to a fair trial.
🔹 Recommendation Rec(2000)19 of the Committee of Ministers of the Council of Europe:→ Encourages the use of agreements and alternatives to punishment to ensure effective justice.
🔷 7. Conclusion
Article 67 of the Criminal Code of the Republic of Kazakhstan is an important mechanism for alternative resolution of criminal cases, whereby:
· the person admits guilt and voluntarily compensates damages;
· the state accepts cooperation as a form of lawful behavior;
· the court decides on liability on a case-by-case basis.
📌 At the same time, the protection of socially significant interests is ensured, especially in cases involving crimes against minors.
Attention!
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