Exemption from Serving a Sentence Due to the Expiration of the Limitation Period for the Execution of a Conviction

🔹 I. General Characteristics of the Institution

The essence of Article 77 of the Criminal Code of the Republic of Kazakhstan is the termination of the execution of a sentence when a significant period has elapsed since the conviction entered into legal force, but the sentence has not been enforced. This institution implements the principle of legal certainty enshrined in Article 6(1) of the European Convention on Human Rights and Article 14 of the International Covenant on Civil and Political Rights.

It protects both the interests of the individual (from excessive state interference after a long lapse of time) and the interests of justice, while at the same time preserving exceptions for the most dangerous offenses.

🔹 II. Conditions for Application

Applied by the court if:

1. The conviction has entered into legal force;
2. The sentence has not been enforced;
3. The limitation periods specified in Part 1 of Article 77 of the Criminal Code of the Republic of Kazakhstan have expired:

🔹 III. Suspension and Interruption of the Limitation Period (Parts 3 and 4)

1. Suspension of the period:

• If a person evades serving the sentence, the limitation period is suspended and resumes from the moment of detention or voluntary surrender;
• In the case of deferral of sentence execution, the limitation period is also suspended until the deferral expires.

2. Interruption of the period:

• Occurs if a new intentional offense is committed before the expiration of the initial limitation period;
• In such a case, the limitation period begins anew from the date the new offense is committed.

▶ Commentary: In cases of evasion, only the period prior to evasion is counted; afterward, the period resumes. When a new offense is committed, the limitation period is reset and recalculated in full.

🔹 IV. Exceptions (Part 5)

The provisions do not apply to persons convicted of:

• crimes against the sexual inviolability of minors (except for cases involving minors aged 14–18);
• crimes against peace and the security of mankind;
• corruption-related crimes;
• terrorist and extremist crimes;
• torture;
• particularly serious crimes against the person, the foundations of the constitutional order, and state security;
• particularly serious crimes in the sphere of economic activity.

▶ Commentary: These exceptions are consistent with Kazakhstan’s international obligations, including the Convention against Torture (1984), the Optional Protocol to the ICCPR, and international anti-corruption standards.

🔹 V. Special Cases (Part 5, Paragraph 2)

With regard to persons sentenced to life imprisonment:

• The decision on the application of the limitation period is made by the court;
• If application is not possible, the sentence is replaced by 25 years of imprisonment.

🔹 VI. Judicial Practice (Generalized)

✅ Example 1: A person was convicted in 2008 for an offense of medium gravity; the conviction entered into legal force in 2009 but was not enforced, and there was no evasion. In 2015, the court exempted the person from serving the sentence, as the five-year limitation period had expired.

❌ Example 2: The convicted person absconded from serving the sentence and was placed on a wanted list. The person was apprehended in 2022. The limitation period was suspended and continued from 2022.

❌ Example 3: A person was convicted in 2010 for a crime against the sexual inviolability of a minor. In 2025, the person petitioned for the application of Article 77 of the Criminal Code; the request was denied pursuant to Part 5.

🔹 VII. Related Provisions

🔹 VIII. International Legal Instruments

• Article 6 of the European Convention on Human Rights — reasonable time in the administration of justice;
• UN Principles of Due Process;
• United Nations Convention against Corruption (UNCAC) — restriction of limitation-based exemptions for corruption offenses;
• Convention on the Rights of the Child (CRC) — prohibition of limitation periods for sexual crimes against children.

🔹 IX. Conclusion

Article 77 of the Criminal Code of the Republic of Kazakhstan serves as a guarantee of justice when the state fails to enforce a conviction in a timely manner. However, the protection of victims’ rights and international obligations limit its application with respect to the most serious and sensitive categories of criminal offenses.

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