Imposition of a More Lenient Punishment than that Prescribed for the Given Criminal Offense
Below is a detailed legal commentary on Article 55 of the Criminal Code of the Republic of Kazakhstan (CC RK), which regulates the possibility of imposing a more lenient punishment than that prescribed for a specific criminal offense.
🔷 General Overview
Article 55 of the CC RK grants courts the authority to mitigate punishment when certain conditions are present, thereby ensuring the individualization and humanization of criminal liability. This approach is consistent with the principles of fairness and appropriateness in sentencing as established in Article 52 of the CC RK.
🟩 Main Provisions of Article 55
- Mandatory Non-application of Imprisonment (Part 1)The court is not entitled to impose imprisonment if:
- a crime of minor or medium gravity has been committed; and
- the offender has voluntarily compensated the имущественный damage and remedied moral and other harm.
This provision also applies to crimes in the field of economic activity, with the exception of offenses предусмотрено by Articles 218, 218-1, 248 and 249 of the CC RK.
- Reduction of the Term or Amount of Punishment (Part 2)When mitigating circumstances are present and aggravating circumstances are absent, the court may impose punishment:
- up to one half of the maximum term or amount for criminal misdemeanors and crimes of minor or medium gravity;
- up to two thirds for serious crimes;
- up to three quarters for especially serious crimes.
- Special Rules in Accelerated Proceedings (Part 3)In cases of accelerated pre-trial investigation or conclusion of a procedural agreement, the punishment may not exceed one half of the maximum term or amount prescribed by the relevant article of the Special Part of the CC RK.
- Exceptional Circumstances (Parts 4 and 5)The court may impose punishment below the lowest limit prescribed by the relevant article, or apply a more lenient type of punishment, if exceptional circumstances are established, such as:
- the aims and motives of the act;
- the role of the offender;
- behavior during or after the commission of the crime;
- other circumstances that substantially reduce the degree of public danger of the deed.
Active assistance by a participant in a group crime in revealing acts committed by the group is also taken into account.
- Exclusions from Application (Part 8)The provisions of Article 55 do not apply to persons who have committed crimes against the sexual inviolability of minors, except when such a crime has been committed by a minor against another minor aged between 14 and 18 years.
🟦 Judicial Practice
Judicial practice confirms the application of Article 55 of the CC RK where the necessary conditions exist. For example, if a crime of medium gravity has been committed and the offender voluntarily compensated the damage, the court may impose a punishment not related to imprisonment even when imprisonment is prescribed by the sanction of the article.
🟨 Related Norms
- Article 52 of the CC RK: General principles of sentencing;
- Article 53 of the CC RK: Circumstances mitigating criminal liability and punishment;
- Article 54 of the CC RK: Circumstances aggravating criminal liability and punishment;
- Article 56 of the CC RK: Sentencing for an unfinished crime.
🔹 Conclusion
Article 55 of the Criminal Code of the Republic of Kazakhstan plays a significant role in ensuring fairness and гуманность of criminal justice, allowing courts to consider the individual features of the case and the personality of the offender when determining punishment.
Attention!
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