Exemption of Minors from Criminal Liability and Punishment

Legal Commentary on Article 83 of the Criminal Code of the Republic of Kazakhstan“Exemption of Minors from Criminal Liability and Punishment”

1. General Characteristics of the Article

Article 83 of the Criminal Code of the Republic of Kazakhstan establishes the grounds for exempting minors from criminal liability and punishment. It reflects the priority of an educational approach toward juvenile offenders and is aimed at their resocialization without isolation from society whenever possible.

This provision corresponds with international standards in the field of juvenile justice, including the Convention on the Rights of the Child, the Beijing Rules, and other international instruments.

2. Analysis of the Provisions of the Article

Part 1: Exemption from Criminal Liability

Conditions:

• Commission of a criminal misdemeanor or a minor offense;

• Or a medium-gravity offense committed for the first time;

• The possibility of correcting the minor without bringing them to criminal liability.

Consequence:Application of compulsory educational measures (see Article 84 of the Criminal Code of the Republic of Kazakhstan).

Purpose:To minimize the criminalization of adolescent behavior when rehabilitation is possible.

Example from practice:

• A teenager committed theft for a small amount for the first time. The court decided to exempt the minor from criminal liability and applied educational measures such as a warning, registration with supervisory authorities, and placement under parental supervision.

Part 2: Exemption from Punishment

Condition:The minor is convicted for the first time for a criminal misdemeanor or for a minor or medium-gravity offense.

Purpose:To achieve correction without the actual execution of punishment through the application of educational measures.

Example from practice:

• A teenager convicted of hooliganism had positive character references and expressed remorse. The court exempted the minor from punishment and limited the decision to mandatory participation in a correctional program.

Part 3: Serious Crime

In exceptional cases, a minor may also be exempted from criminal liability for a serious crime under the following conditions:

• The crime is not related to causing death or grievous bodily harm;

• The grounds provided in Part 2 of Article 68 of the Criminal Code of the Republic of Kazakhstan apply (reconciliation of the parties and compensation for damage).

Example:

• A teenager caused bodily harm of medium severity but reconciled with the victim and compensated for the damage. The court decided to exempt the minor from criminal liability.

3. Related Articles and Legal Norms

• Article 68 of the Criminal Code of the Republic of Kazakhstan – exemption due to reconciliation;

• Article 84 of the Criminal Code of the Republic of Kazakhstan – compulsory educational measures;

• Article 52 of the Criminal Code of the Republic of Kazakhstan – general principles of sentencing;

• Constitution of the Republic of Kazakhstan (Articles 27 and 29) – protection of family and childhood;

• Criminal Executive Code of the Republic of Kazakhstan – execution of punishments with respect to minors.

4. International Standards

• UN Convention on the Rights of the Child (Article 40) – emphasis on education and resocialization;

• UN Beijing Rules (1985) – encouragement of non-custodial sanctions and diversion procedures;

• UN Guidelines for the Prevention of Juvenile Delinquency (Riyadh Guidelines).

5. Conclusion

Article 83 demonstrates the priority of educational and restorative measures over punitive ones in relation to minors. This approach helps prevent the stigmatization of adolescents, facilitates their return to normal social life, and strengthens the humanistic nature of the criminal law of Kazakhstan.

It is important that courts consistently apply this provision, guided by the goals of rehabilitation and social adaptation of juvenile offenders. 

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