Murder, that is, the unlawful intentional causing of death to another person
📘 GENERAL CHARACTERISTICS
Murder (Article 99 of the Criminal Code of the Republic of Kazakhstan) is one of the most serious crimes against the person, infringing upon the fundamental human right — the right to life (Article 15 of the Constitution of the Republic of Kazakhstan).
🔹 The article consists of three parts:
Part 1 — simple murder;
Part 2 — qualified types of murder (aggravating circumstances);
Part 3 — especially qualified composition: murder of a minor child.
📑 ANALYSIS OF THE ELEMENTS OF THE CRIME
🔹 Object
— human life.
🔹 Objective aspect
act — causing death;
method — any (strangulation, poisoning, shooting, etc.);
consequence — death of the victim;
causal link — mandatory.
🔹 Subjective aspect
— intent:
direct or indirect;
if committed through negligence — Article 104 of the Criminal Code of the RK.
🔹 Subject (offender)
— a sane person who has reached the age of 14(Articles 15 and 17 of the Criminal Code of the RK).
🔹 PART 1 — SIMPLE MURDER
“the unlawful intentional causing of death to another person”
🔸 Key points
no aggravating or mitigating circumstances;
includes cases of domestic conflict, jealousy, disputes, etc.;
the killing of one person.
📌 Punishment: imprisonment for 8 to 15 years.
🔎 Example:Citizen A., during a quarrel with a neighbor, stabbed him with a knife, as a result of which the victim died. In the absence of qualifying circumstances — Part 1 of Article 99 of the Criminal Code of the RK.
🔹 PART 2 — QUALIFIED MURDER
This part establishes 15 qualifying circumstances. The key ones include the following.
✅ 1) Murder of two or more persons
Serial or mass murder committed with a single intent or through several acts.
📎 See also: Article 58 of the Criminal Code of the RK — cumulative crimes.
✅ 2) In connection with the victim’s official, professional, or public activity
For example:
murder of a police officer;
a journalist;
a human rights defender.
📌 Clarified in paragraph 5 of the Regulatory Resolution of the Supreme Court of the RK No. 1 dated July 11, 2003.The key condition is revenge for lawful activity.
✅ 3) Murder of a helpless person, during kidnapping, or hostage-taking
Including:
children;
elderly persons;
sick individuals;
as well as:
murder during kidnapping (see Article 125 of the Criminal Code of the RK);
in circumstances excluding resistance.
✅ 4) Murder of a pregnant woman
If the offender knew or should have known that the victim was pregnant.
✅ 5) With particular cruelty
Torture, mutilation, severe suffering, etc.
📎 According to the clarification of the Supreme Court Resolution No. 1 (2003):“Particular cruelty” may be expressed in the method of killing or in the treatment of the victim before death.
✅ 6) By a method dangerous to others
For example:
explosion;
arson;
shooting in a crowd;
poisoning water supplies.
✅ 7) Committed by a group of persons / by prior conspiracy
A prior agreement is sufficient, even without a strict distribution of roles.
📎 See Article 31 of the Criminal Code of the RK — complicity in a crime.
✅ 8) For mercenary motives / contract killing
Obtaining material benefit, such as:
inheritance;
avoiding alimony obligations;
payment for committing murder.
📎 See also Article 196 of the Criminal Code of the RK — legalization of criminal proceeds.
✅ 9) Hooligan motives
A crime committed without a clear motive, demonstrating disregard for society, often involving aggression in a public place.
✅ 10) To conceal another crime / combined with rape
A classic example is killing the victim of rape (see Articles 120–121 of the Criminal Code of the RK).
📎 In such cases, a cumulative sentence is applied (Article 58 of the Criminal Code of the RK).
✅ 11) Based on hatred or blood revenge
Motivated by national, racial, religious hatred or as an act of traditional blood revenge.
✅ 12) For the purpose of extracting organs or tissues
An element of human trafficking or illegal organ transplantation (“black transplantology”).
📎 See Article 128 of the Criminal Code of the RK — human trafficking.
✅ 13) Repeated murder
When a person previously convicted of murder commits another murder.
✅ 14) Murder of a knowingly minor person
The victim is under 18, and the offender is aware of the victim’s age.
✅ 15) Committed by a criminal group / during mass riots / emergency situations
For example:
as part of a gang (Article 263 of the Criminal Code of the RK);
within a terrorist organization (Article 257);
during disasters, riots, or emergencies.
📌 Punishment:→ 15–20 years of imprisonment, or→ life imprisonment,→ with or without confiscation of property.
🔹 PART 3 — MURDER OF A YOUNG CHILD
“A young child” — a person under the age of 14(Article 3, paragraph 1 of the Criminal Code of the RK).
📌 This is the most serious form of the offense.
📎 According to the regulatory resolution of the Supreme Court, it is sufficient that the offender knew or could clearly recognize the victim’s age.
🛑 Punishment:life imprisonment (no alternative penalty provided).
⚖️ JUDICIAL PRACTICE
Case No. 1-856/2023, Aktobe
The defendant killed his former wife by inflicting multiple knife wounds in front of their children.The court qualified the act under paragraphs 5, 9, and 14 of Part 2 of Article 99 of the Criminal Code of the RK.
📌 Sentence: life imprisonment.
Case No. 1-443/2022, Shymkent
Murder of a minor girl in order to conceal rape.
Qualification: paragraphs 10 and 14 of Part 2 of Article 99 of the Criminal Code of the RK.
📌 Sentence: life imprisonment with confiscation of property.
📚 RELATED LEGAL PROVISIONS
Article 15 of the Constitution of the RK — right to life;
International Covenant on Civil and Political Rights (ICCPR) — protection of the right to life;
Article 58 of the Criminal Code of the RK — cumulative crimes;
Article 45 of the Criminal Code of the RK — life imprisonment;
Article 104 of the Criminal Code of the RK — causing death by negligence;
Article 100 of the Criminal Code of the RK — killing of a newborn by the mother.
🌍 INTERNATIONAL LAW
European Convention on Human Rights (Article 2)→ prohibits arbitrary deprivation of life.
International law requires strict standards when imposing life imprisonment, especially for the most serious crimes.
📌 Life imprisonment should be imposed only in the presence of exceptional aggravating circumstances, as stated in the UN Human Rights Committee General Comment No. 36 (2018).
✅ CONCLUSION
Article 99 of the Criminal Code of the Republic of Kazakhstan covers a wide range of situations — from domestic killings to serial and contract murders.
Its provisions:
reflect the high social danger of the crime;
comply with international legal standards;
ensure differentiation of punishment from 8 years to life imprisonment.
Attention!
Law and Law Law Law draws your attention to the fact that this document is basic and does not always meet the requirements of a particular situation. Our lawyers are ready to assist you in legal advice, drawing up any legal document suitable for your situation.
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