Infliction of Beatings Causing Physical Pain

1. General Characteristics of the Elements of the Criminal Offence

Article 109-1 of the Criminal Code of the Republic of Kazakhstan was introduced by Law of the Republic of Kazakhstan No. 72-VIII dated 15 April 2024 as part of legislative amendments concerning the protection of women's rights and the safety of children and has been in force since 16 June 2024. The current version provides for liability for inflicting beatings or committing other violent acts that cause physical pain but do not result in minor bodily harm. (Adilet)

Article 109-1 of the Criminal Code of the Republic of Kazakhstan on zakonpravo.kz

Part One of Article 109-1 of the Criminal Code of the Republic of Kazakhstan provides for:

• a fine of up to 80 monthly calculation indices;
• corrective labour in the same amount;
• community service for up to 80 hours;
• arrest for up to 25 days.

Part Two provides for a qualified offence, in particular where the act is committed:

1. against two or more persons;
2. against a person or their close relatives in connection with the performance of official duties or the fulfilment of a professional or public duty;
3. against a person who is knowingly in a helpless state or in a position of material or other dependence;
4. by a group of persons or by a group of persons acting by prior conspiracy;
5. for hooligan motives;
6. on the grounds of social, national, racial or religious hatred or enmity;
7. repeatedly;
8. against a person known to be a minor.

Under Part Two, the penalty is a fine of 100 to 200 monthly calculation indices, corrective labour in the same amount, community service for 100 to 200 hours, or arrest for 30 to 50 days. (Adilet)

2. Object of the Criminal Offence

The immediate object of Article 109-1 is a person's physical inviolability and the state of their physical well-being protected by criminal law.

At the same time, the elements of the offence under Article 109-1 differ from those under Article 108-1 of the Criminal Code of the Republic of Kazakhstan primarily in the nature of the consequences.

Article 109-1 is characterised by the following:

Physical pain is present, but there is no minor bodily harm.

Article 108-1 applies where:

Minor bodily harm is present.

This distinction is of fundamental importance for legal classification.

The Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan “On the Qualification of Certain Criminal Offences Against Human Life and Health” specifically explains that beatings consist of intentional blows causing physical pain but not resulting in a short-term health disorder or a minor permanent loss of general working capacity.

Other violent acts include, in addition to striking, for example:

• pinching;
• tying up;
• twisting an arm;
• other intentional physical acts that cause pain.

If the consequences meet the criteria for minor bodily harm, Article 108-1 of the Criminal Code of the Republic of Kazakhstan applies instead. (Adilet)

3. Objective Elements

The objective elements of Part One of Article 109-1 may be expressed in either of the following alternative forms:

3.1. Infliction of Beatings

Beatings are understood as the intentional delivery of blows that cause physical pain.

The number of blows is not, in itself, a mandatory qualifying criterion.

Therefore, a single blow may also constitute an offence under Article 109-1 in a particular situation if the following are proven:

1. intentional physical action;
2. the infliction of physical pain;
3. the absence of minor bodily harm;
4. a causal link between the act and the pain.

Conversely, a large number of blows does not, in itself, automatically establish the elements of the offence if the evidence does not confirm physical pain or if the person's participation by a particular accused has not been proven.

4. Other Violent Acts

The legislature deliberately uses a broader formulation than simply “a blow.”

Other violent acts may include:

• pushing;
• twisting an arm;
• pinching;
• squeezing;
• grabbing;
• tying up;
• painful restraint;
• inflicting a painful physical impact without causing bodily injury;
• other physical acts.

For this reason, it is insufficient for legal classification merely to establish formally that there are no bruises or other visible injuries.

The offence may exist even in the absence of external marks.

This is particularly important in situations involving:

• pushing;
• twisting a limb;
• squeezing;
• restraint;
• the use of physical force against a person.

The Regulatory Resolution of the Supreme Court expressly classifies as other violent acts those actions that cause physical pain, including pinching, tying up and twisting an arm. (Adilet)

5. Physical Pain as a Mandatory Element

Physical pain is a mandatory consequence under Part One of Article 109-1 of the Criminal Code.

This means that it is not sufficient for the prosecution to prove:

• a conflict;
• touching;
• pushing;
• an attempt to use physical force;
• an invasion of personal space.

It is necessary to establish physical pain specifically.

At the same time, physical pain is not equivalent to bodily harm.

Three situations may be considered.

Situation No. 1

A. struck B. once.

B. has no injuries but consistently reports that the blow caused physical pain.

If supported by a body of corroborating evidence, classification under Article 109-1 may be possible.

Situation No. 2

A. struck B., resulting in a contusion.

The mere fact that a contusion exists does not automatically mean that minor bodily harm has been caused.

The medical consequences must be established.

Situation No. 3

A. struck B., after which B. experienced a health disorder for several days.

If the relevant medical criteria are present, the matter may fall within the scope of Article 108-1.

6. Subjective Elements

Beatings constitute an intentional criminal offence.

The intent must encompass the physical act.

Under the general provisions of the Criminal Code, a person is liable only for a culpable act and consequences in respect of which guilt has been established.

Consequently, accidentally causing pain without an intentional violent act should not automatically be classified under Article 109-1.

Particular importance attaches to establishing:

• motive;
• purpose;
• the circumstances of the conflict;
• the nature of the relationship between the parties;
• the sequence of actions;
• conduct before and after the incident.

7. Motive and Purpose

For Part One of Article 109-1, motive is generally not a mandatory element of the basic offence.

However, motive is of considerable importance when distinguishing between:

• ordinary beatings;
• hooliganism;
• the qualified offence under Part Two of Article 109-1;
• other crimes.

Motive is particularly important when distinguishing beatings from hooliganism.

The Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan on hooliganism states that beatings and other violent acts committed as a result of personal hostility, a conflict, a family quarrel or other personal relationships are classified under the provisions governing offences against the person.

If, however, the violence is also associated with an obvious gross violation of public order and manifest disrespect for society, the question arises as to whether the act should be classified under Article 293 of the Criminal Code of the Republic of Kazakhstan. (Zakon i Pravo)

Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan “On Judicial Practice in Cases of Hooliganism”

8. Distinguishing Article 109-1 from Hooliganism

This is one of the most important issues in judicial practice.

Not every beating committed in a public place may be classified as hooliganism.

The Supreme Court requires consideration of:

• the relationship between the perpetrator and the victim;
• the pretext for the conflict;
• the cause of the conflict;
• who initiated it;
• the degree of involvement of each participant;
• the direction of intent;
• the nature of the actions.

The mere fact that violence occurs:

• on the street;
• in a café;
• in an entrance hall;
• near a shop;
• in the presence of third parties

does not automatically transform the act into hooliganism. (ZakonPravo Mail)

Practical example

If two people quarrel because of a personal conflict and one subsequently strikes the other, the main question is whether the incident arose from a personal conflict or from an intention to grossly violate public order.

If a person attacks a random passer-by without any personal reason specifically to demonstrate defiance of society, the question of applying Article 293 of the Criminal Code may arise.

9. Distinguishing Article 109-1 from Article 108-1 of the Criminal Code

This is the central issue of legal classification.

Article 109-1

Physical pain is present.

Minor bodily harm is absent.

Article 108-1

Minor bodily harm is present.

Consequently, the key question is:

What are the medical consequences of the physical impact?

The Regulatory Resolution of the Supreme Court explains that beatings resulting in a short-term health disorder or a minor permanent loss of general working capacity must be classified as intentional infliction of minor bodily harm under Article 108-1. (Adilet)

An important practical conclusion follows from this:

The mere existence of bodily injury does not determine the legal classification.

Its legally significant consequences must be established.

10. Forensic Medical Examination

Medical evidence is of particular importance in cases involving beatings.

The Law of the Republic of Kazakhstan “On Forensic Expert Activity” regulates the conduct of forensic examinations and the status of forensic experts. The Law was amended, including in 2026. (Zakon i Pravo)

Law of the Republic of Kazakhstan “On Forensic Expert Activity”

The Regulatory Resolution of the Supreme Court states that the severity of bodily harm is determined by means of a forensic medical examination in accordance with the rules governing the organisation and conduct of forensic examinations and studies. (ZakonPravo Mail)

In a case involving beatings, an examination may have several purposes:

1. to establish whether bodily injuries are present;
2. to determine their nature;
3. to establish the mechanism by which they were caused;
4. to establish their age;
5. to determine the degree of severity of the harm;
6. to verify whether the injuries correspond to the described mechanism.

11. Where There Are No Injuries at All

The absence of injuries does not exclude the application of Article 109-1.

This is particularly important in cases involving:

• pushing;
• twisting an arm;
• squeezing;
• painful restraint;
• other physical impacts.

However, the absence of objective traces increases the importance of other evidence:

• the victim's testimony;
• witnesses;
• video recordings;
• audio recordings;
• correspondence;
• surveillance camera recordings;
• the parties' conduct immediately after the conflict;
• seeking medical assistance;
• messages to relatives;
• calls to 102;
• other objective data.

12. Classification as a Criminal Misdemeanour

Part One of Article 109-1 is classified as a criminal misdemeanour, since the sanctions provide for a fine, corrective labour, community service and arrest, but do not provide for imprisonment.

As a general rule, the Criminal Code divides criminal offences into crimes and criminal misdemeanours. A criminal misdemeanour is a culpable act of low public danger punishable, in particular, by a fine, corrective labour, community service or arrest. (Adilet)

This has significant procedural consequences.

In particular:

• a different pre-trial procedure;
• the possibility of applying special procedures;
• the particular importance of reconciliation;
• the absence of a criminal record for a criminal misdemeanour;
• a one-year limitation period for criminal prosecution.

13. Specific Feature of Part One: Private-Public Prosecution

This is one of the most important procedural issues.

Part 3 of Article 32 of the Criminal Procedure Code of the Republic of Kazakhstan expressly classifies criminal offences provided for by Part One of Article 109-1 of the Criminal Code as cases of private-public prosecution.

Proceedings in such cases may be initiated only upon a complaint by the victim.

However, termination of the proceedings on the grounds of reconciliation is possible only if the conditions of Article 68 of the Criminal Code are satisfied. (Zakon i Pravo)

Article 32 of the Criminal Procedure Code of the Republic of Kazakhstan — Private, Private-Public and Public Prosecution

A fundamental distinction follows from this:

Part 1 of Article 109-1

Private-public prosecution.

Part 2 of Article 109-1

It is not included in the list under Part 3 of Article 32 of the Criminal Procedure Code.

Consequently, as a general rule, the qualified offence under Part Two falls within public prosecution.

This is of considerable practical importance.

14. Who Files a Complaint Under Part One

Since Part One of Article 109-1 concerns private-public prosecution, the procedural starting point is a complaint by the victim.

At the same time, it is necessary to distinguish between:

a report of a criminal offence and a victim's complaint seeking the initiation of private-public prosecution.

In private-prosecution cases, the special mechanism under Article 408 of the Criminal Procedure Code applies, whereas private-public prosecution is governed by the provisions of Article 32 of the Criminal Procedure Code.

Article 408 of the Criminal Procedure Code directly regulates the initiation of private prosecution and provides for the filing of a complaint with the court. (Zakon i Pravo)

Article 408 of the Criminal Procedure Code of the Republic of Kazakhstan — Initiation of Private Prosecution

Therefore, the entire procedure under Article 408 cannot be mechanically applied to Part One of Article 109-1.

This is a common practical mistake.

15. Court Jurisdiction

A criminal case under Article 109-1 is heard by a court in criminal proceedings.

As a general rule, cases in this category fall within the jurisdiction of district courts and courts equated to them, unless special grounds of jurisdiction apply.

Military jurisdiction is an exception. For example, the Criminal Procedure Code specifically assigns to military courts criminal offences committed by military personnel, as well as certain acts committed by civilian personnel of military units where the conditions prescribed by law are met. (Zakon i Pravo)

Article 309 of the Criminal Procedure Code of the Republic of Kazakhstan — Jurisdiction of Military Courts

Consequently, to determine the specific court, it is necessary to establish:

1. the place where the act was committed;
2. the status of the accused;
3. whether there were multiple incidents;
4. whether there were accomplices;
5. whether other criminal offences were committed;
6. whether the cases may be joined.

16. Jurisdictional Allocation

In the strict procedural sense, the issue concerns neither civil nor administrative jurisdiction, but the delimitation of criminal jurisdiction.

Since the criminalisation of beatings on 16 June 2024, Article 109-1 of the Criminal Code has been a criminal-law provision. Previously, similar acts could fall within the scope of administrative liability.

Following their criminalisation, state authorities deal with such acts within the framework of criminal proceedings.

The Prosecutor's Office of the Mangystau Region reported that criminal cases under Article 109-1 had been referred to court after the new provisions entered into force. In one example cited by the prosecutor's office, the Aktau City Court heard a case involving the beating of a spouse and imposed 40 hours of community service. (Government Services of Kazakhstan)

17. Pre-Trial Procedure

Article 109-1 does not provide for a “pre-trial dispute settlement procedure” in the sense used in civil proceedings.

The criminal procedure applies here.

Depending on the circumstances of the case, the following steps may be possible:

1. an application by the victim;
2. registration of the report;
3. the conduct of the necessary procedural actions;
4. recognition of the person as a victim;
5. obtaining medical records;
6. identification of the person involved;
7. collection of evidence;
8. a decision on referring the case to court or terminating the proceedings.

The specific feature of private-public prosecution is that the victim's initial expression of will is of substantial importance.

18. Victim

Article 71 of the Criminal Procedure Code of the Republic of Kazakhstan defines a victim as a person in respect of whom there are grounds to believe that a criminal offence has directly caused moral, physical or property harm.

A person must be recognised as a victim where the grounds prescribed by law exist. (Zakon i Pravo)

Article 71 of the Criminal Procedure Code of the Republic of Kazakhstan — Victim

The victim has the right to:

• give testimony;
• submit evidence;
• file motions;
• have a representative;
• familiarise themselves with the case materials;
• participate in court hearings;
• support the prosecution in cases provided for by law;
• appeal decisions;
• submit claims for compensation for harm;
• request safety measures;
• apply for a restraining order prohibiting approach.

19. Private Prosecutor

In private-prosecution cases, a person who files a complaint and supports the prosecution acquires the status of a private prosecutor.

Article 72 of the Criminal Procedure Code defines the rights of a private prosecutor. (ZakonPravo Mail)

Article 72 of the Criminal Procedure Code of the Republic of Kazakhstan — Private Prosecutor

However, in relation to Part One of Article 109-1, it is necessary not to confuse the status of a victim in a private-public prosecution case with the status of a private prosecutor in a private-prosecution case.

20. Persons Participating in the Case

Depending on the stage and the specific circumstances, the participants may include:

Main participants

• the court;
• the prosecutor;
• the victim;
• the suspect;
• the accused;
• the defendant;
• defence counsel;
• the victim's representative.

Where a civil claim is filed

• the civil claimant;
• the civil defendant;
• representatives of these persons.

Other participants

• witnesses;
• an expert;
• a specialist;
• an interpreter;
• a court bailiff;
• a mediator;
• legal representatives of minors.

21. Victim's Representative

The victim has the right to have a representative.

In practice, a representative is particularly important in cases involving beatings for:

• developing the evidentiary record;
• filing motions;
• obtaining video recordings;
• submitting questions to the expert;
• filing a civil claim;
• preparing a position on reconciliation;
• appealing a judicial act.

22. Evidence

The main difficulty in cases involving beatings is proving not merely that a conflict occurred, but that a specific person carried out a specific physical act.

This is particularly relevant where:

• there is no video recording;
• there are no bodily injuries;
• there are no eyewitnesses;
• the parties give conflicting testimony.

In such cases, the evidence must be assessed cumulatively.

23. Main Types of Evidence

The following are practically significant:

23.1. Victim's Testimony

The following should be described:

• the place;
• the time;
• the specific actions;
• the sequence of events;
• the number of physical impacts;
• the part of the body affected;
• the nature of the pain;
• the accused's conduct;
• the victim's reaction.

23.2. Witness Testimony

Direct eyewitnesses are particularly valuable.

23.3. Video

A video recording may come from:

• a surveillance camera;
• a telephone;
• a vehicle dashcam;
• an entrance-hall camera;
• a shop camera;
• a recording made on a third party's telephone.

23.4. Audio

Examples include:

• a recording of a conversation immediately after the conflict;
• a telephone conversation;
• voice messages.

23.5. Medical Records

These include:

• a visit to a trauma centre;
• a medical certificate;
• a medical record;
• an expert's report;
• examination results.

23.6. Electronic Correspondence

For example, a message stating:

“You hit me, and my arm still hurts.”

Such a message is not, by itself, conclusive evidence, but it may be significant when assessed together with other evidence.

24. Principle of Sufficiency of the Body of Evidence

A conviction cannot be based on assumptions.

Therefore, the court's task is to compare:

• the victim's testimony;
• the defendant's testimony;
• witness testimony;
• video recordings;
• medical records;
• correspondence;
• other materials.

In practice, the consistency of the initial testimony is particularly important.

If the victim initially states one thing but gives a different account in court, the court must determine the reasons for the inconsistencies.

25. Practical Standard of Proof

For the prosecution, it is necessary to establish a logical chain:

accused → specific act → physical impact → physical pain → absence of minor bodily harm → causal link.

If any element of this chain remains unproven, the possibility of a conviction becomes an issue.

26. Medical Evidence

In cases where there are no visible injuries, the following are particularly important:

• the date of the medical visit;
• the time of the medical visit;
• the patient's complaints;
• the objective examination;
• the description of the mechanism;
• information concerning pain;
• the forensic medical expert's report.

However, a medical document does not replace proof of the identity of the perpetrator.

It may confirm the existence of pain or an injury, but it does not always answer the question of who specifically caused the pain.

27. Video as Evidence

Video may have greater evidentiary value if:

• the camera has been identified;
• the source is known;
• the recording was obtained lawfully;
• the original has been preserved;
• signs of editing have been excluded;
• the persons can be identified;
• the date and time are clear.

Practice under Article 109-1 already demonstrates the use of video recordings.

In one case in Astana, the court established that, during a conflict in a café, the accused pushed the victim, thereby causing physical pain without bodily harm. The evidence included the victim's testimony, witness testimony and video recordings from the scene. (Telegram)

28. Evidentiary Significance of Conduct After the Conflict

The court may examine circumstances that indirectly confirm or refute the parties' accounts:

• seeking medical assistance immediately;
• notifying relatives;
• calling the police;
• contacting neighbours;
• recording a conversation;
• correspondence;
• leaving the premises;
• calling an ambulance.

However, such circumstances must be assessed cumulatively rather than in isolation.

29. Reconciliation

Reconciliation is of exceptional importance in cases under Article 109-1.

Part One of Article 32 of the Criminal Procedure Code governs private-prosecution cases, while Part Three governs private-public prosecution cases, which include Part One of Article 109-1. Termination of a private-public prosecution case on the grounds of reconciliation is permitted in the cases provided for by Article 68 of the Criminal Code. (Zakon i Pravo)

Article 68 of the Criminal Code establishes the general rule:

A person who has committed a criminal misdemeanour or a crime of minor or medium severity not associated with causing death is subject to release from criminal liability if that person:

1. has reconciled with the victim;
2. including through mediation;
3. has made amends for the harm caused. (Zakon i Pravo)

Article 68 of the Criminal Code of the Republic of Kazakhstan — Release from Liability in Connection with Reconciliation)

30. Mandatory Application of Article 68

In Regulatory Resolution No. 4 dated 21 June 2001, the Supreme Court explains that, where the combination of conditions prescribed by law is present, the application of Article 68 is mandatory.

The following are required:

• the relevant category of act;
• reconciliation;
• making amends for the harm.

The absence of any mandatory condition precludes the application of the provision. (Zakon i Pravo)

Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan on the Practice of Applying Article 68 of the Criminal Code)

31. Making Amends for Harm

A very important position of the Supreme Court is that:

A promise to compensate for harm in the future does not, by itself, constitute making amends for the harm.

The Supreme Court states that making amends must be real and must take place before a decision is made to release the person from criminal liability. (Zakon i Pravo)

Consequently, the statement:

“I undertake to pay 500,000 tenge within one year”

may prove insufficient for the application of Article 68.

The following are much more reliable:

• actual transfer of money;
• payment for treatment;
• compensation for documented expenses;
• another obligation that has actually been performed.

32. Voluntary Nature of Reconciliation

The court must establish that the victim genuinely and voluntarily agreed to the termination of the case.

The following cannot be regarded as proper reconciliation:

• pressure;
• threats;
• coercion;
• dependence;
• blackmail;
• coercion by relatives.

The Supreme Court expressly states that the voluntariness and freedom of expression of the victim's will form part of the subject matter of proof. (Zakon i Pravo)

33. Mediation

The Law of the Republic of Kazakhstan “On Mediation” expressly permits mediation in criminal proceedings in cases involving:

• criminal misdemeanours;
• crimes of minor and medium severity;
• in certain cases, serious crimes. (Zakon i Pravo)

Article 1 of the Law of the Republic of Kazakhstan “On Mediation”

The principles of mediation are:

• voluntariness;
• equality of the parties;
• independence;
• impartiality;
• confidentiality;
• inadmissibility of interference in the procedure.

(Zakon i Pravo)

Article 4 of the Law “On Mediation”)

34. Restriction on Reconciliation in Cases of Repeated Beatings

Paragraph 9 of Part Four of Article 68 of the Criminal Code is of particular importance.

If a person was previously released from criminal liability in connection with reconciliation between the parties and subsequently commits a new criminal offence under Article 108-1 or 109-1 within the limitation period, the provisions of Article 68 do not apply to the new act.

This is a special restriction introduced specifically for repeated cases of beatings and minor bodily harm. (Zakon i Pravo)

35. Limitation Period for Criminal Prosecution

Since Part One of Article 109-1 constitutes a criminal misdemeanour, a one-year limitation period applies.

Article 71 of the Criminal Code establishes:

One year after the commission of a criminal misdemeanour.

The period is calculated from the date on which the criminal offence was committed until the conviction enters into legal force. (Zakon i Pravo)

Article 71 of the Criminal Code of the Republic of Kazakhstan — Limitation Period

This is of fundamental importance.

36. Can the Limitation Period in a Criminal Case Be Restored?

Here, it is necessary to distinguish between:

the limitation period for criminal liability

and

the procedural time limit for filing a complaint or appealing a judicial act.

The limitation period established by Article 71 of the Criminal Code is not an ordinary procedural time limit that can be “restored” upon a motion by the victim.

Therefore, the wording:

“I request restoration of the limitation period for bringing a person to criminal liability”

is legally incorrect.

It is necessary to establish:

• the date of the act;
• the date of registration;
• the time at which the person was charged;
• whether there are grounds for suspension;
• the date on which the conviction entered into legal force.

37. Suspension of the Limitation Period

A special rule applies to the running of the limitation period for criminal misdemeanours.

Article 71 of the Criminal Code expressly provides that the limitation period for criminal misdemeanours is neither suspended nor interrupted, regardless of whether a new criminal offence is committed. (Zakon i Pravo)

Consequently, the one-year limitation period is particularly important in relation to Part One of Article 109-1.

38. Separately on the Civil Claim

Beatings may result in:

• moral harm;
• treatment expenses;
• representative's fees;
• other property damage.

Article 167 of the Criminal Procedure Code expressly permits a civil claim to be filed in criminal proceedings from the commencement of the pre-trial investigation until the end of the judicial investigation. (Zakon i Pravo)

Article 167 of the Criminal Procedure Code of the Republic of Kazakhstan — Filing a Civil Claim)

39. State Duty on a Civil Claim in a Criminal Case

This is an important practical exemption.

A claimant filing a civil claim in a criminal case is exempt from paying state duty. (Zakon i Pravo)

The Supreme Court additionally explains that, where a civil claim is upheld, the issue of state duty may be resolved by ordering the defendant to pay it into state revenue. (Zakon i Pravo)

Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan “On the Consideration of Civil Claims in Criminal Proceedings”)

40. Amount of Compensation for Moral Harm

Article 951 of the Civil Code of the Republic of Kazakhstan defines moral harm as the violation, diminution or deprivation of personal non-property benefits, including moral and physical suffering.

Physical suffering may include:

• physical pain;
• humiliation;
• irritation;
• dejection;
• anger;
• shame;
• despair;
• a state of discomfort.

(Zakon i Pravo)

Article 951 of the Civil Code of the Republic of Kazakhstan — Compensation for Moral Harm)

41. There Is No Fixed Tariff for Moral Harm

The law does not establish the following for beatings:

“One blow = X tenge.”

The amount is determined individually by the court, taking into account:

• the nature of the violation;
• the degree of physical suffering;
• emotional distress;
• the circumstances of the conflict;
• the duration of the consequences;
• the conduct of the perpetrator;
• the degree of guilt;
• the nature of the relationship between the parties;
• the requirements of reasonableness and fairness.

42. Limitation Period for Claims for Moral Harm

Article 187 of the Civil Code provides that the limitation period does not apply to claims for the protection of intangible benefits and personal non-property rights. (Zakon i Pravo)

Regulatory Resolution No. 7 of the Supreme Court dated 27 November 2015 separately states that the limitation period does not apply to claims for compensation for moral harm unless otherwise provided by legislation. (Zakon i Pravo)

Regulatory Resolution No. 7 of the Supreme Court of the Republic of Kazakhstan on Compensation for Moral Harm

This must be distinguished from the one-year criminal limitation period under Article 109-1.

43. Restoration of the Limitation Period for Civil Claims

Article 185 of the Civil Code permits restoration of the limitation period in exceptional cases where there are reasons related to the claimant's personal circumstances, for example:

• serious illness;
• a helpless state;
• illiteracy;
• other similar circumstances.

Such circumstances must have existed during the last six months of the limitation period or within the relevant shortened limitation period. (Zakon i Pravo)

Article 185 of the Civil Code of the Republic of Kazakhstan — Restoration of the Limitation Period for Civil Claims

However, this article applies to civil limitation periods, not to the limitation period for criminal prosecution under Article 71 of the Criminal Code.

44. Civil Claim and Article 951 of the Civil Code

The most appropriate approach in a case involving beatings is:

to file a civil claim for compensation for moral harm within the criminal proceedings.

Additionally, claims may be made for:

• treatment expenses;
• the purchase of medicines;
• representative's fees;
• other expenses directly caused by the incident.

Article 167 of the Criminal Procedure Code permits this to be done within the criminal case. (Zakon i Pravo)

45. Regulatory Resolution on Civil Claims

Regulatory Resolution No. 1 of the Supreme Court of the Republic of Kazakhstan dated 20 June 2005 is of particular importance.

The Supreme Court explains that:

• a civil claim may be filed from the commencement of the pre-trial investigation;
• it may be filed until the end of the judicial investigation;
• a claim may be filed even if the suspect has not yet been identified;
• the claimant is exempt from state duty when filing the claim;
• the jurisdiction of the civil claim is determined by the jurisdiction of the criminal case. (Zakon i Pravo)

46. Categories of Participants in Civil Proceedings

Where a civil claim is filed:

Civil claimant

A person who has directly suffered property or moral harm.

Civil defendant

A suspect, accused, defendant or another person bearing financial liability.

Article 73 of the Criminal Procedure Code establishes the rights of the civil claimant. (Zakon i Pravo)

47. Measures of Procedural Coercion

Various measures of procedural coercion may be applied in cases involving beatings.

Article 155 of the Criminal Procedure Code lists, in particular:

• an undertaking to appear;
• compulsory appearance;
• temporary removal from office;
• seizure of property;
• a restraining order prohibiting approach.

The following measures may also be applied to victims, witnesses and other persons:

• an undertaking to appear;
• compulsory appearance;
• a monetary penalty. (Zakon i Pravo)

48. Restraining Order Prohibiting Approach

For cases involving violence, this is one of the most practically significant measures.

Article 165 of the Criminal Procedure Code provides for prohibiting a suspect from:

• searching for the victim;
• pursuing the victim;
• visiting the victim;
• calling the victim;
• communicating with the victim by other means.

The measure is applied to protect the victim and other persons. (Zakon i Pravo)

Article 165 of the Criminal Procedure Code of the Republic of Kazakhstan — Restraining Order Prohibiting Approach

Where there is a real threat or a criminal offence involving violence against family members or minors, the procedure provides for filing a motion seeking authorisation of the restraining order.

The investigating judge considers the motion within 24 hours. (Zakon i Pravo)

49. Compulsory Appearance

If a participant has been duly summoned but fails to appear without a valid reason, compulsory appearance may be applied.

Article 157 of the Criminal Procedure Code provides for the possibility of compulsory delivery of:

• a suspect;
• an accused;
• a defendant;
• a witness;
• a victim.

(Zakon i Pravo)

Article 157 of the Criminal Procedure Code of the Republic of Kazakhstan — Compulsory Appearance)

50. Monetary Penalty

A monetary penalty may be imposed for failure to comply with procedural obligations.

Under Article 160 of the Criminal Procedure Code, in the cases prescribed by law, the amount may reach 50 monthly calculation indices. (Zakon i Pravo)

51. Detention in Custody

Under Part One of Article 109-1, detention in custody as a preventive measure is not an ordinary option, since the article's sanctions do not provide for imprisonment.

Article 147 of the Criminal Procedure Code links detention in custody primarily to crimes punishable by imprisonment for more than five years, subject to exceptions expressly established by law. (Zakon i Pravo)

Therefore, under Part One of Article 109-1, the issue generally falls within an entirely different procedural framework.

52. Judicial Practice of the Supreme Court

The specific Article 109-1 was introduced only in 2024. Therefore, the body of published cassation practice of the Supreme Court specifically concerning this article is significantly smaller than that relating to offences that have existed for a long time.

Nevertheless, the positions developed by the Supreme Court in the following areas are of fundamental importance for the application of Article 109-1.

52.1. Distinguishing Beatings from Minor Bodily Harm

The Regulatory Resolution of the Supreme Court on the qualification of criminal offences against life and health establishes the following criterion:

• beatings — physical pain without minor bodily harm;
• minor bodily harm — the presence of the relevant medical consequences. (Adilet)

52.2. Distinguishing Beatings from Hooliganism

The Regulatory Resolution of the Supreme Court on hooliganism requires the motive, purpose, relationship between the parties, reason for the conflict and direction of intent to be established. (Zakon i Pravo)

52.3. Reconciliation

Regulatory Resolution No. 4 requires actual making of amends for the harm and voluntary reconciliation. (Zakon i Pravo)

52.4. Civil Claim

Regulatory Resolution No. 1 requires the following to be established:

• the fact that harm was caused;
• the causal link;
• the nature of the harm;
• the amount of the harm;
• the person responsible for the harm. (Zakon i Pravo)

53. Practice of Courts of First Instance

A representative example is the case published by the Prosecutor's Office of the Mangystau Region.

The Aktau City Court heard a case involving the beating of a spouse and imposed 40 hours of community service. (Government Services of Kazakhstan)

This example demonstrates that, under Part One of Article 109-1, the court may impose community service rather than arrest.

54. Practice of the Interdistrict Criminal Court of Astana

In another case, the court established that a conflict arose between two women in a café.

The victim was standing by the stairs, holding the handrail.

The defendant pushed her.

The court established that physical pain had been caused without bodily harm.

The evidence included:

• the victim's testimony;
• witness testimony;
• video recordings.

The act was classified under Part One of Article 109-1 of the Criminal Code. (Telegram)

This is an important practical example demonstrating that:

The absence of a pronounced bodily injury does not exclude the elements of beatings.

55. Practice Under Part Two — Two Victims

In September 2026, a court of first instance in Karaganda considered a case involving the beating of two women.

The court classified the actions under Paragraph 1 of Part 2 of Article 109-1 of the Criminal Code — the commission of beatings against two or more persons.

A fine of 100 monthly calculation indices was imposed.

In addition, the court ordered the convicted person to pay each victim 500,000 tenge in compensation for moral harm and 1,000,000 tenge in representative's fees. (Kazpulse)

On 14 September 2026, the appellate panel of the Karaganda Regional Court considered the defence counsel's appeal and upheld the judgment without modification. (Karavan)

This example is important for several reasons:

1. Part 2 of Article 109-1 applies where there are two victims;
2. the qualifying element must be specifically established;
3. a civil claim may be resolved at the same time;
4. the court may award compensation for moral harm;
5. representative's fees may also be recovered;
6. the appellate court reviews the legal classification, the penalty and the civil claim.

56. Appellate Court Practice

In appeals concerning beatings, the typical issues examined include:

• correctness of the legal classification;
• whether the incident has been proven;
• whether guilt has been proven;
• admissibility of the evidence;
• correctness of the assessment of testimony;
• the penalty imposed;
• the civil claim;
• procedural violations.

At the same time, the appellate court must not limit itself to formally listing the evidence.

It is necessary to examine its relevance, admissibility, reliability and sufficiency when considered as a whole.

57. Example of Appellate Practice in 2026

In the Karaganda Region case, defence counsel appealed the judgment under Paragraph 1 of Part 2 of Article 109-1.

The appellate panel examined the case materials and the arguments in the appeal but found no grounds to change the legal classification or the penalty and upheld the judgment without modification. (Karavan)

Practical significance:

If the defence challenges the legal classification, it is necessary to state not merely:

“I disagree with the judgment,”

but specifically:

• which element of the offence is absent;
• which evidence the court assessed incorrectly;
• which evidence is inadmissible;
• which contradiction has not been resolved;
• why the court's conclusion does not correspond to the established circumstances.

58. Supreme Court Practice: Evidence

The Supreme Court consistently proceeds on the basis that a finding of guilt must rest on the body of evidence, rather than on an isolated confession or a single uncorroborated assertion.

For legal work under Article 109-1, it is particularly important to examine:

1. the initial testimony;
2. subsequent testimony;
3. the existence of contradictions;
4. objective corroboration;
5. medical records;
6. video recordings;
7. witnesses;
8. the procedural method by which the evidence was obtained.

59. When the Victim's Testimony May Be Decisive

The mere absence of witnesses does not mean that a conviction is impossible.

The victim's testimony constitutes evidence.

However, the court must assess:

• consistency of the testimony;
• internal consistency;
• correspondence with objective data;
• the motive for possible false accusations;
• how close in time the testimony was to the incident;
• changes in testimony;
• consistency with medical evidence.

60. Changes in the Victim's Testimony

A typical situation:

Initially

“He hit me.”

In court

“He did not hit me; I just want to end the conflict.”

The court must examine the reasons for the change.

These may include:

• reconciliation;
• pressure;
• fear;
• dependence;
• financial interest;
• family relationships;
• a desire to preserve the relationship.

However, none of these possibilities may simply be assumed — the relevant circumstances must be examined.

61. Defence in Cases Involving Beatings

The defence strategy should not be based on the general statement:

“This did not happen,”

but on the individual elements of the offence.

For example:

Option 1

There is no evidence of the physical act itself.

Option 2

The physical act occurred, but physical pain has not been proven.

Option 3

Pain occurred, but there is no evidence that the accused was involved.

Option 4

A bodily injury exists, but its mechanism and age do not correspond to the prosecution's version.

Option 5

Minor bodily harm is present — the issue is incorrect classification under Article 109-1 instead of Article 108-1.

Option 6

The actions occurred in circumstances of necessary defence.

Option 7

The existence of a conflict rules out the assertion of a hooligan motive.

62. Necessary Defence

When examining a case involving beatings, the Criminal Code provisions on necessary defence must be considered.

If a person used physical force while defending themselves against an unlawful attack, their actions cannot automatically be classified as beatings.

It is necessary to establish:

• the existence of an attack;
• the reality of the threat;
• the moment at which force was used;
• the nature of the defence;
• whether the defence corresponded to the nature of the attack.

63. Provocation and the Victim's Conduct

The victim's conduct does not, by itself, exempt the perpetrator from liability.

However, it may be relevant:

• to establishing the motive;
• to determining the nature of the conflict;
• to the issue of necessary defence;

64. Alcohol Intoxication

Alcohol intoxication does not, by itself, exclude criminal liability for beatings.

However, it may be relevant to establishing the circumstances of the incident, the parties' conduct, the direction of intent and the assessment of the evidence.

65. Minor as the Victim

Where the victim is a minor, it is necessary to establish the victim's age and determine whether this circumstance constitutes a qualifying element of the offence.

Particular attention must be paid to the provisions of Article 109-1 concerning acts committed against a person known to be a minor.

66. Violence Against a Child

When investigating violence against a child, the following circumstances are of particular importance:

• the child's age;
• the nature of the physical impact;
• the presence or absence of bodily injuries;
• the child's testimony and the conditions in which it was obtained;
• the testimony of witnesses;
• medical records;
• video and other objective evidence;
• the relationship between the child and the alleged perpetrator.

The assessment must take into account the child's interests and the procedural safeguards established by law.

67. Complicity

Where several persons are involved in an incident, it is necessary to establish the role of each participant.

The mere presence of a person at the scene does not automatically establish complicity.

It is necessary to determine:

• whether there was a common intent;
• whether the persons acted jointly;
• what specific actions each person performed;
• whether the actions were coordinated;
• whether the relevant qualifying elements are present.

Where the conditions prescribed by law are met, the commission of the act by a group of persons or by a group of persons acting by prior conspiracy may result in classification under Part Two of Article 109-1.

68. Two Victims

Where an act is committed against two or more persons, the qualifying element under Paragraph 1 of Part 2 of Article 109-1 may apply.

It is necessary to establish the actions committed against each victim separately, the physical pain caused to each person and the evidence supporting the relevant circumstances.

The number of victims must be established by the evidence and cannot be based solely on assumptions.

69. Repeated Commission

Repeated commission is a qualifying element under Part Two of Article 109-1.

For its application, it is necessary to establish the relevant facts and determine whether the statutory requirements for recognising the acts as repeated have been met.

The existence of several allegations or reports does not, by itself, establish repeated commission. The legal significance of each episode and the applicable statutory requirements must be assessed.

70. Classification Based on the Aggregate of Offences

Where an incident involving beatings is accompanied by other acts, it is necessary to determine whether the conduct constitutes a single criminal offence or an aggregate of criminal offences.

The following must be examined:

• the nature of each act;
• the elements of each alleged offence;
• the existence of independent criminal intent;
• the relationship between the acts;
• whether the applicable provisions require separate legal classification.

The fact that several acts occurred during one conflict does not automatically mean that they must all be classified under a single provision.

71. Procedure for Considering a Civil Claim

A civil claim filed within criminal proceedings must be considered in accordance with the Criminal Procedure Code and the applicable provisions of civil law.

The court must establish:

• the fact that harm was caused;
• the nature of the harm;
• the causal link between the act and the harm;
• the amount of the claim;
• the person liable to compensate for the harm.

The claimant must substantiate the stated claims with relevant evidence.

72. Representative's Fees

Representative's fees may be claimed as part of the costs associated with protecting the claimant's rights, subject to the applicable legal requirements.

It is necessary to establish:

• the fact that legal services were provided;
• the nature and scope of the services;
• the amount of the fees;
• the supporting documents;
• the connection between the expenses and the proceedings.

The court assesses the relevant evidence and resolves the issue of recovering the expenses in accordance with the law.

73. Practical Structure of a Civil Claim

A civil claim for compensation for moral and property harm may be structured as follows.

1. Court

The name of the court considering the criminal case.

2. Civil Claimant's Details

The claimant's full name and other required details.

3. Civil Defendant's Details

The full name and other required details of the person against whom the claim is brought.

4. Grounds

The legal and factual grounds for the claim.

5. Circumstances

A description of the incident, the acts that caused the harm and the relevant consequences.

6. Moral Harm

A description of the physical and emotional suffering and the amount of compensation sought.

7. Material Damage

A description of the property damage and expenses, supported by relevant documents.

8. Representative's Fees

The amount of the expenses incurred for legal representation and the documents supporting those expenses.

9. Relief Sought

A request that the court recover the stated amounts in accordance with the law.

74. International Standards

When considering cases involving violence, it is necessary to take into account the international obligations of the Republic of Kazakhstan that are applicable to the circumstances of the case.

These standards may be relevant to the protection of human rights, access to justice, the protection of victims and the prevention of violence.

Their application must be based on the relevant international instruments and the legal requirements applicable in the Republic of Kazakhstan.

75. Constitutional Guarantees

The Constitution of the Republic of Kazakhstan establishes fundamental guarantees for the protection of human rights and freedoms.

In cases involving beatings, the relevant constitutional principles include:

• the protection of human dignity;
• the right to judicial protection;
• the right to qualified legal assistance;
• the presumption of innocence;
• the right to defence;
• the requirement that state authorities act within their legally established powers.

These guarantees must be observed throughout criminal proceedings.

76. Subordinate Regulatory Legal Acts

In addition to the Criminal Code and the Criminal Procedure Code, the legal assessment of cases involving beatings may require consideration of applicable subordinate regulatory legal acts.

Such acts must be applied within the limits of their legal force and in accordance with the legislation of the Republic of Kazakhstan.

They cannot override the requirements of the Criminal Code or the Criminal Procedure Code.

77. Key Regulatory Resolutions of the Supreme Court

The following regulatory resolutions of the Supreme Court of the Republic of Kazakhstan are particularly important for the legal assessment of cases involving beatings:

• the Regulatory Resolution “On the Qualification of Certain Criminal Offences Against Human Life and Health”;
• the Regulatory Resolution “On Judicial Practice in Cases of Hooliganism”;
• Regulatory Resolution No. 4 dated 21 June 2001 concerning the application of Article 68 of the Criminal Code;
• Regulatory Resolution No. 1 dated 20 June 2005 concerning the consideration of civil claims in criminal proceedings;
• Regulatory Resolution No. 7 dated 27 November 2015 concerning the application by courts of legislation on compensation for moral harm.

These acts provide guidance on the legal classification of conduct, the assessment of evidence, reconciliation and compensation for harm.

78. Summary Table of Legal Classification

The decisive issue is the nature of the consequences and whether the applicable medical and legal criteria for minor bodily harm are met.

79. Summary Table of Procedural Issues

80. Practical Algorithm for the Victim

The victim's actions may be organised in the following sequence:

1. Record the circumstances of the incident.
2. Seek medical assistance where necessary.
3. Preserve medical documents and other evidence.
4. Identify potential witnesses.
5. Take steps to preserve video and audio recordings.
6. Submit a complaint in accordance with the applicable criminal procedure.
7. Request recognition as a victim where the statutory grounds are present.
8. Submit relevant evidence and motions.
9. Consider filing a civil claim for compensation for moral and property harm.
10. Consider reconciliation only where it is voluntary and the statutory conditions are met.
11. Appeal procedural or judicial decisions where there are lawful grounds to do so.

81. Practical Algorithm for the Defence

The defence should examine each element of the alleged offence separately.

1. Incident

Determine whether the incident described by the prosecution has been established by admissible and reliable evidence.

2. Act

Determine whether the accused committed the specific physical act alleged.

3. Causal Link

Determine whether the alleged act caused the physical pain or other consequences relied upon by the prosecution.

4. Consequences

Determine whether physical pain has been proven and whether the consequences exclude or establish minor bodily harm.

5. Guilt

Determine whether the required intent has been established.

6. Identification

Determine whether the evidence reliably identifies the accused as the person who committed the act.

7. Admissibility

Examine whether the evidence was obtained and recorded in accordance with the law.

8. Contradictions

Identify contradictions in testimony and other evidence and determine whether the court has properly addressed them.

9. Alternative Version

Examine whether the evidence supports an alternative explanation, including necessary defence where relevant.

10. Procedure

Examine compliance with the applicable procedural requirements and identify any violations that may affect the legality or validity of the proceedings.

82. Most Common Errors by the Prosecution

Potential errors in cases involving beatings include:

• failing to establish the specific physical act;
• failing to prove that physical pain was caused;
• failing to establish the causal link;
• relying on assumptions instead of evidence;
• failing to resolve material contradictions;
• failing to assess the admissibility and reliability of evidence;
• confusing physical pain with minor bodily harm;
• incorrectly classifying the act under Article 109-1 instead of Article 108-1, or vice versa;
• incorrectly classifying a personal conflict as hooliganism;
• failing to establish the qualifying elements under Part Two of Article 109-1;
• failing to assess evidence both individually and as a whole.

83. Most Common Errors by the Defence

Potential errors in the defence may include:

• relying solely on a general denial of the incident;
• failing to analyse the individual elements of the offence;
• ignoring evidence that may support the prosecution's version;
• failing to identify material contradictions;
• failing to challenge inadmissible evidence;
• failing to examine the medical evidence;
• failing to distinguish between physical pain and minor bodily harm;
• failing to examine the possibility of necessary defence where relevant;
• failing to address the legal classification of the act;
• failing to consider procedural violations and their legal consequences.

84. Particular Importance for Defence Counsel

When providing legal assistance in a case under Article 109-1, defence counsel should focus on a structured examination of the elements of the alleged offence, the evidence and the applicable procedural rules.

Particular attention should be paid to:

• the precise nature of the alleged physical act;
• whether physical pain has been established;
• whether minor bodily harm is absent;
• the causal link between the act and the alleged consequence;
• the accused's intent;
• the reliability of identification;
• the admissibility of the evidence;
• the consistency of the parties' testimony;
• the possibility of necessary defence;
• the distinction between beatings and hooliganism;
• the possibility of reconciliation under Article 68 of the Criminal Code;
• the limitation period for criminal prosecution;
• the possibility of a civil claim and the evidence supporting its amount.

The defence position should identify specific factual and legal deficiencies rather than rely solely on a general disagreement with the accusation.

85. Final Legal Framework

1. Object:

A person's physical inviolability and physical well-being protected by criminal law.

2. Act:

Intentional infliction of beatings or commission of other violent acts.

3. Intent:

Intentional physical action, with guilt established in accordance with the Criminal Code.

4. Consequence:

Physical pain.

5. Absence of the consequence specified in Article 108-1:

The act does not result in minor bodily harm meeting the relevant legal and medical criteria.

6. Causal Link:

A causal relationship between the physical act and the physical pain must be established.

7. Subject:

A person who may be held criminally liable under the applicable provisions of the Criminal Code.

8. Procedural Form:

Private-public prosecution for the offence under Part One of Article 109-1, subject to the applicable provisions of Article 32 of the Criminal Procedure Code.

9. Reconciliation:

Release from criminal liability in connection with reconciliation may be possible where the conditions of Article 68 of the Criminal Code are met.

10. Limitation Period:

A one-year limitation period applies to the criminal misdemeanour under the provisions discussed above.

86. Practical Conclusion

When applying Article 109-1 of the Criminal Code of the Republic of Kazakhstan, the key issue is whether intentional physical action causing physical pain has been established without consequences amounting to minor bodily harm.

The assessment must be based on the evidence as a whole, including the testimony of the victim and other participants, medical records, video and audio recordings and other objective data.

Particular attention must be paid to distinguishing Article 109-1 from Article 108-1 and to determining whether the circumstances establish ordinary beatings, a qualified offence or another criminal offence.

Procedural issues are also of substantial importance, including the private-public prosecution procedure under Part One of Article 109-1, the possibility of reconciliation under Article 68 of the Criminal Code, the applicable limitation period and the possibility of filing a civil claim for compensation for moral and property harm within the criminal proceedings.

87. Main Links to zakonpravo.kz

The following links are relevant to the legal issues discussed above:

• Article 109-1 of the Criminal Code of the Republic of Kazakhstan — Beatings
• Article 32 of the Criminal Procedure Code of the Republic of Kazakhstan — Private, Private-Public and Public Prosecution
• Article 408 of the Criminal Procedure Code of the Republic of Kazakhstan — Initiation of Private Prosecution
• Article 71 of the Criminal Procedure Code of the Republic of Kazakhstan — Victim
• Article 68 of the Criminal Code of the Republic of Kazakhstan — Release from Criminal Liability in Connection with Reconciliation
• Article 167 of the Criminal Procedure Code of the Republic of Kazakhstan — Filing a Civil Claim
• Article 951 of the Civil Code of the Republic of Kazakhstan — Compensation for Moral Harm

The source text contains more detailed wording in Sections 64–87 than the preliminary translation above. To preserve the original accurately, use the following translation in place of those sections.

64. Alcohol Intoxication

A state of alcohol intoxication does not, in itself, exclude criminal liability.

The general rule under the Criminal Code is that a person who commits a criminal offence while intoxicated is not exempt from criminal liability.

Therefore, the argument:

“I was drunk and do not remember anything”

is not an independent ground for terminating the case.

65. Minor as the Victim

Where the victim is knowingly a minor, the qualified offence under Part Two of Article 109-1 applies.

This requires establishing:

1. the victim's age;
2. the accused's knowledge that the victim was a minor;
3. the intentional nature of the actions.

Special criminal procedure safeguards also apply to minors.

66. Violence Against a Child

Part Four of Article 68 of the Criminal Code must be considered separately.

The provisions on reconciliation do not apply to crimes involving violence against minors, subject to the exceptions established by law. (Zakon i Pravo)

Therefore, where beatings are committed against a minor, it cannot automatically be assumed that the case may necessarily be terminated through reconciliation.

It is necessary to determine:

• the victim's age;
• the legal classification;
• the applicable part of Article 109-1;
• the circumstances;
• the applicability of the exceptions under Article 68.

67. Complicity

If beatings are committed by several persons, the role of each person must be established.

For example:

A. held the victim.

B. delivered the blows.

C. recorded what was happening on a telephone.

Not every participant is automatically a perpetrator of the beatings.

It is necessary to establish:

• intent;
• prior agreement;
• the actual contribution;
• the nature of each person's actions.

When classifying the act under Paragraph 4 of Part Two of Article 109-1, the commission of the act by a group of persons or by a group of persons acting by prior conspiracy is significant.

68. Two Victims

If one person inflicts beatings on two persons, Paragraph 1 of Part Two of Article 109-1 may apply.

Judicial practice in the Karaganda Region in 2026 demonstrates precisely this classification. (Kazpulse)

This means that a lawyer must carefully examine:

• whether violence was actually committed against both persons;
• whether the infliction of physical pain on each person has been proven;
• whether guilt has been proven in respect of each episode;
• whether there are grounds for assessing the episodes separately.

69. Repeated Commission

Paragraph 7 of Part Two of Article 109-1 provides for liability for beatings committed repeatedly.

The following cannot automatically be considered repeated commission:

• any previous quarrel;
• an administrative penalty;
• a domestic conflict;
• an unsubstantiated report.

Legally significant previous acts must be established in accordance with the Criminal Code's rules on repeated commission.

70. Classification Based on the Aggregate of Offences

Beatings may accompany other criminal offences.

For example:

• unlawful deprivation of liberty;
• a threat;
• hooliganism;
• damage to property;
• other offences.

In such a case, it is necessary to determine whether the violence is encompassed by the principal offence or constitutes a separate aggregate of offences.

When distinguishing hooliganism from offences against the person, the Supreme Court emphasises the need to consider the unity of intent and the substance of the actions. (ZakonPravo Mail)

71. Procedure for Considering a Civil Claim

The judgment must contain a decision on the civil claim.

The Supreme Court explains that the court is obliged to:

• examine the claim;
• give the parties an opportunity to express their positions;
• establish the grounds;
• determine the nature and amount of the harm;
• make a decision in the operative part of the judgment.

(Zakon i Pravo)

72. Representative's Fees

If the victim has entered into an agreement with a lawyer and incurred expenses, recovery of those expenses may be sought within the criminal proceedings.

In judicial practice in the Karaganda Region in 2026, the court awarded representative's fees in the amount of 1,000,000 tenge. (Karavan)

However, recovery requires evidence of:

• the agreement;
• payment;
• the scope of services;
• the connection between the expenses and the specific case;
• the reasonableness of the amount claimed.

73. Practical Structure of a Civil Claim

Recommended structure:

1. Court

Name of the court.

2. Civil Claimant's Details

Full name, address and contact details.

3. Civil Defendant's Details

Full name.

4. Grounds

Article 109-1 of the Criminal Code.

5. Circumstances

Date, time, place and actions.

6. Moral Harm

Description of:

• pain;
• fear;
• humiliation;
• emotional state;
• consequences;
• disruption of the usual way of life.

7. Material Damage

Treatment, medicines and other expenses.

8. Representative's Fees

With the agreement and payment documents attached.

9. Relief Sought

Specific amounts.

74. International Standards

General international standards for the protection of individuals apply to cases involving physical violence.

First and foremost:

International Covenant on Civil and Political Rights

Article 7 prohibits torture and cruel, inhuman or degrading treatment.

Article 9 protects the right to liberty and security of person.

Article 14 establishes guarantees of a fair trial.

Convention Against Torture

The obligation of the State to prevent ill-treatment and ensure effective investigation of relevant cases is of particular importance.

At the same time, Article 109-1 belongs to ordinary criminal law rather than to the offences constituting torture.

75. Constitutional Guarantees

The Constitution of the Republic of Kazakhstan establishes:

• human dignity;
• the right to judicial protection;
• personal inviolability;
• equality before the law;
• the presumption of innocence;
• the right to qualified legal assistance.

In cases involving beatings, this means balancing two groups of rights:

the victim's rights

to protection of physical inviolability and an effective investigation;

the accused's rights

to the presumption of innocence, defence and a fair trial.

76. Subordinate Regulatory Legal Acts

When applying Article 109-1, it is necessary to take into account not only the Criminal Code and the Criminal Procedure Code.

The following are of practical significance:

1. the Constitution of the Republic of Kazakhstan;
2. the Criminal Code of the Republic of Kazakhstan;
3. the Criminal Procedure Code of the Republic of Kazakhstan;
4. the Civil Code of the Republic of Kazakhstan;
5. the Law “On Forensic Expert Activity”;
6. the Law “On Mediation”;
7. regulatory resolutions of the Supreme Court;
8. rules governing the organisation and conduct of forensic examinations;
9. regulatory acts in the field of forensic medical examination;
10. regulatory acts concerning the protection of the rights of women and children;
11. legislation on the prevention of domestic violence;
12. international treaties ratified by the Republic of Kazakhstan.

77. Key Regulatory Resolutions of the Supreme Court

The following are of greatest significance for practice under Article 109-1:

Regulatory Resolution No. 1 of the Supreme Court of the Republic of Kazakhstan dated 11 May 2007

“On the Qualification of Certain Criminal Offences Against Human Life and Health.”

This is the principal instrument for distinguishing between:

• beatings;
• minor bodily harm;
• moderate bodily harm;
• grievous bodily harm;
• other violent acts.

Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan on the Qualification of Offences Against Life and Health

Regulatory Resolution No. 3 of the Supreme Court of the Republic of Kazakhstan dated 12 January 2009

“On Judicial Practice in Cases of Hooliganism.”

It is relevant to distinguishing beatings from hooliganism. (Zakon i Pravo)

Regulatory Resolution No. 4 of the Supreme Court of the Republic of Kazakhstan dated 21 June 2001

“On Judicial Practice in Applying Article 68 of the Criminal Code of the Republic of Kazakhstan.”

It establishes approaches to reconciliation and making amends for harm. (Zakon i Pravo)

Regulatory Resolution No. 1 of the Supreme Court of the Republic of Kazakhstan dated 20 June 2005

“On the Consideration of Civil Claims in Criminal Proceedings.”

It applies to the recovery of moral and material harm. (Zakon i Pravo)

Regulatory Resolution No. 7 of the Supreme Court of the Republic of Kazakhstan dated 27 November 2015

“On the Application by Courts of Legislation on Compensation for Moral Harm.”

It is directly relevant to claims for compensation for moral harm. (Zakon i Pravo)

78. Summary Table of Legal Classification

79. Summary Table of Procedural Issues

80. Practical Algorithm for the Victim

If the objective is to obtain the correct legal classification under Article 109-1, the following is recommended:

Step 1

Immediately record the circumstances:

• date;
• time;
• place;
• persons present;
• actions committed.

Step 2

Seek medical assistance.

Step 3

Preserve photographs.

Step 4

Preserve video recordings.

Step 5

Identify surveillance cameras.

Step 6

Preserve correspondence.

Step 7

Identify witnesses.

Step 8

Obtain formal procedural recognition as a victim.

Step 9

File motions seeking the necessary evidence.

Step 10

Where grounds exist, file a civil claim.

Step 11

Where there is a threat, apply for a restraining order prohibiting approach.

81. Practical Algorithm for the Defence

The defence must conduct its own analysis:

1. Incident

Did any physical impact occur at all?

2. Act

What exactly did the accused do?

3. Causal Link

Did that specific act cause physical pain?

4. Consequences

Does the harm actually caused constitute minor bodily harm?

5. Guilt

Did the accused act intentionally?

6. Identification

Has it been proven that the physical impact was committed by the accused specifically?

7. Admissibility

Was the evidence obtained lawfully?

8. Contradictions

Are there discrepancies between the testimony?

9. Alternative Version

Necessary defence? An accident? Another person?

10. Procedure

Were the requirements of the Criminal Procedure Code complied with?

82. Most Common Errors by the Prosecution

1. Substituting the mere fact of a conflict for proof of physical pain.
2. Automatically equating a bruise with minor bodily harm.
3. Failing to examine the mechanism of the injury.
4. Ignoring contradictions in testimony.
5. Using uncorroborated statements made by third parties.
6. Failing to obtain video recordings.
7. Failing to examine the version involving necessary defence.
8. Incorrectly classifying a domestic conflict as hooliganism.
9. Incorrectly applying Article 68 of the Criminal Code.
10. Treating a promise to compensate for harm in the future as if the harm had already been made good.

83. Most Common Errors by the Defence

1. Limiting the defence to a simple denial.
2. Ignoring objective video recordings.
3. Failing to present an alternative version of the incident.
4. Failing to analyse medical records.
5. Failing to put questions to the expert.
6. Ignoring the civil claim.
7. Filing motions too late.
8. Failing to analyse the qualifying elements.
9. Misunderstanding the private-public nature of the case.
10. Incorrectly asserting that the absence of bruises automatically excludes beatings.

84. Particular Importance for Defence Counsel

In cases under Article 109-1, four separate areas must be distinguished:

Area No. 1 — Incident

Did physical contact occur?

Area No. 2 — Consequences

Did it cause physical pain?

Area No. 3 — Classification

Is there minor bodily harm, or only physical pain?

Area No. 4 — Procedure

Was the procedure established by the Criminal Procedure Code complied with?

One area cannot be substituted for another.

For example:

“The victim has a bruise”

does not automatically prove that:

“the accused is guilty under Article 109-1.”

Likewise:

“the accused admitted that he pushed the victim”

does not always mean that the accused:

“admitted causing physical pain.”

85. Final Legal Framework

For classification under Part One of Article 109-1, the following circumstances must be proven cumulatively:

1. Object: A person's physical inviolability.

2. Act: Beatings or other violent acts.

3. Intent: Intentional physical action.

4. Consequence: Physical pain.

5. Absence of the consequence under Article 108-1: No minor bodily harm.

6. Causal Link: The pain arose as a result of the accused's actions.

7. Subject: A sane natural person who has reached the age of criminal liability.

8. Procedural Form: Part One of Article 109-1 is a private-public prosecution offence.

9. Reconciliation: Possible subject to compliance with Article 68 of the Criminal Code, provided that no special restrictions apply.

10. Limitation Period: One year for a criminal misdemeanour.

86. Practical Conclusion

Article 109-1 of the Criminal Code of the Republic of Kazakhstan constitutes an independent criminal-law mechanism for protecting a person's physical inviolability.

The main criterion for distinction is:

Beatings = physical pain without minor bodily harm.

At the same time, the absence of visible injuries does not exclude the elements of the offence.

Conversely, the presence of any injury does not automatically establish the elements of Article 108-1.

The decisive issue is the medical determination of the nature of the consequences.

From a procedural perspective, it is fundamentally important to remember:

Part 1 of Article 109-1 — private-public prosecution;

Part 2 of Article 109-1 — a qualified offence not included in the list of private-public prosecution offences under Part 3 of Article 32 of the Criminal Procedure Code.

In cases under Part One, the following are of considerable practical importance:

• the victim's complaint;
• medical documentation;
• forensic medical examination;
• video recordings;
• witnesses;
• correspondence;
• initial testimony;
• the absence of contradictions;
• the correct establishment of the causal link;
• timely filing of a civil claim;
• the issue of reconciliation;
• compliance with the one-year limitation period.

87. Main Links to zakonpravo.kz

Criminal Code of the Republic of Kazakhstan

Article 109-1 of the Criminal Code — Beatings

Article 68 of the Criminal Code — Release in Connection with Reconciliation

Article 71 of the Criminal Code — Limitation Period

Criminal Procedure Code of the Republic of Kazakhstan

Article 32 of the Criminal Procedure Code — Private, Private-Public and Public Prosecution

Article 71 of the Criminal Procedure Code — Victim

Article 72 of the Criminal Procedure Code — Private Prosecutor

Article 73 of the Criminal Procedure Code — Civil Claimant

Article 167 of the Criminal Procedure Code — Filing a Civil Claim

Article 155 of the Criminal Procedure Code — Other Measures of Procedural Coercion

Article 157 of the Criminal Procedure Code — Compulsory Appearance

Article 160 of the Criminal Procedure Code — Monetary Penalty

Article 165 of the Criminal Procedure Code — Restraining Order Prohibiting Approach

Civil Code of the Republic of Kazakhstan

Article 951 of the Civil Code — Compensation for Moral Harm

Article 178 of the Civil Code — General Limitation Period

Article 185 of the Civil Code — Restoration of the Limitation Period

Article 187 of the Civil Code — Claims Not Subject to the Limitation Period

Mediation

Article 1 of the Law of the Republic of Kazakhstan “On Mediation”

Article 4 of the Law of the Republic of Kazakhstan “On Mediation”

Forensic Examination

Law of the Republic of Kazakhstan “On Forensic Expert Activity”

Regulatory Resolutions of the Supreme Court

Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan on the Qualification of Criminal Offences Against Human Life and Health

Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan on Judicial Practice in Cases of Hooliganism

Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan on the Application of Article 68 of the Criminal Code

Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan on the Consideration of Civil Claims in Criminal Proceedings

Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan on Compensation for Moral Harm

Key Formula for Practical Work

Article 109-1, Part 1 of the Criminal Code of the Republic of Kazakhstan = intentional physical action + physical pain + absence of minor bodily harm.

Procedurally = private-public prosecution + victim's complaint + criminal proceedings + possibility of a civil claim + possibility of reconciliation subject to compliance with Article 68 of the Criminal Code.

As regards evidence = testimony + medical evidence + video + witnesses + electronic data + assessment of the body of evidence as a whole.

As regards the limitation period = one year for the criminal misdemeanour; this is not an ordinary procedural time limit that can be restored under the rules of the Civil Procedure Code.

As regards the civil claim = moral and property harm may be claimed directly in the criminal proceedings, and the civil claimant is exempt from state duty.

As regards judicial practice = particular attention is paid to distinguishing Article 109-1 from Article 108-1 and distinguishing beatings from hooliganism; in cases involving reconciliation, voluntariness and actual making of amends for the harm are key considerations.

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