On amnesty in connection with the tenth anniversary of independence of the Republic of Kazakhstan

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Law of the Republic of Kazakhstan dated February 19, 2002 No. 294

In connection with the tenth anniversary of independence of the Republic of Kazakhstan, guided by the principles of humanism, this Law has been adopted.

 Article 1. Release from punishment those convicted of minor and moderate crimes: 1) minors; 2) women with minor children or children with disabilities of groups I and II who are dependent on them, as well as pregnant women; 3) women and men who have reached retirement age; 4) participants and invalids of the Great Patriotic War of 19411945 and persons equated to them; 5) disabled persons of I and Group II.

 Article 2. Release from punishment persons who do not fall within the scope of Article 1 of this Law, who were first sentenced to imprisonment for minor and moderate crimes.

 Article 3. Release from imprisonment those convicted of minor and moderate crimes that do not fall within the scope of articles 1 and 2 of this Law if they have served at least one third of the prescribed sentence.

 Article 4. Release from imprisonment persons listed in Article 1 of this Law who have been convicted of serious crimes if they have served at least one third of the prescribed sentence.

 Article 5. Release from punishment persons who are not subject to Articles 1-4 of this Law, sentenced for the first time to imprisonment for serious crimes, if they have served at least half of the prescribed sentence.

 Article 6. Release from punishment persons who do not fall within the scope of Articles 1-5 of this Law, sentenced to imprisonment for crimes that are not particularly serious, who have less than one year left to serve their sentences during the period of execution of the amnesty act established by the first part of Article 25 of this Law.

 Article 7. Release from punishment persons sentenced to non-custodial punishments, if this punishment is applied in the form of the main one.

 Article 8. Release from punishment military personnel who have committed military crimes, as well as those liable for military service who have evaded conscription.

 Article 9. To reduce by half the unserved part of the sentence to persons sentenced to imprisonment who are not subject to release from punishment on the basis of Articles 1-8 of this Law: 1) convicted of minor and moderate crimes; 2) convicted of serious crimes if they have served at least half of the prescribed sentence.

 Article 10. To terminate all criminal cases and cases not considered by the courts on crimes committed before the entry into force of this Law by persons listed in Articles 1, 8 of this Law, as well as in respect of persons held criminally liable for crimes for which a penalty of up to five years in prison or punishment unrelated to with imprisonment.

Article 11. Establish that: 1) the persons referred to in subparagraph 1) of Article 1 of this Law include persons who, at the time of the commission of the crime, were under the age of 18; 2) the persons referred to in subparagraph 2) of Article 1 of this Law include women who are not deprived of parental rights and have children, including adopted or persons taken into care who have not reached the age of 18 on the date of entry into force of this Law, or children with disabilities of groups I and II, regardless of their age, women who are pregnant on the date of entry into force of this Law; 3) the persons specified in subparagraph 3) of Article 1 of this Law include women and men who have reached retirement age in accordance with the legislation of the Republic of Kazakhstan before the entry into force of this Law. In the absence of documents confirming the day and month of birth of these persons, women born before January 1, 1943, and men born before January 1, 1938, should be considered as such.; 4) the persons specified in subparagraph 4) of Article 1 of this Law include participants and invalids of the Great Patriotic War and persons equated to them: military personnel who served in military units, headquarters and institutions that were part of the active army during the Great Patriotic War, as well as during other military operations to protect former USSR, partisans and underground fighters of the Great Patriotic War; military personnel and freelancers of units and formations of the Armed Forces of the former USSR who took part in the fighting against Japan in 1945; military personnel, as well as persons commanding and enlisted personnel of the internal affairs and state security bodies of the former USSR who served in cities during the Great Patriotic War, whose participation in the defense is counted in the length of service for the appointment of pensions on preferential terms established for military units of the active army.; persons of the civilian staff of the Soviet Army, Navy, troops and internal affairs bodies, state security of the former USSR who held staff positions in military units, headquarters and institutions that were part of the active army during the Great Patriotic War or were in the corresponding periods in cities, participation in the defense of which is counted in the length of service for the appointment of pensions on preferential terms established for military units of the active army; persons who, during the Great Patriotic War, were part of military units, headquarters and institutions that were part of the active army and navy, as sons (pupils) of regiments and young men; persons who took part in hostilities against Nazi Germany and its allies during World War II on the territory of foreign countries as part of partisan detachments, underground groups and other anti-fascist formations; military personnel of the Soviet Army, Navy, State Security Committee, ordinary and commanding personnel of the Ministry of Internal Affairs of the former USSR (including military specialists and advisers) who, in accordance with the decisions of the state bodies of the former USSR, took part in hostilities on the territory of other states; military personnel who were called up for training camps and sent to Afghanistan during the period of combat operations; military personnel of automobile battalions sent to Afghanistan to deliver goods to this country during the period of combat operations; military personnel of flight personnel who flew combat missions to Afghanistan from the territory of the former Soviet Union; workers and employees who served the Soviet military contingent in Afghanistan who were injured, concussed and maimed or awarded orders and medals of the former Soviet Union SSR for participation in providing military operations; heroes of the Soviet Union and persons awarded the Order of Glory of three degrees, heroes of Socialist Labor; employees of the special formations of the People's Commissariat of Railways, the floating personnel of fishing and transport vessels and the flight crew of fishing and transport vessels, the flight crew of aviation, the People's Commissariat of the Fishing Industry, the Marine and River Fleet of the former USSR, the flight crew of Glavsevmorput aviation, transferred during the Great Patriotic War to the position of military personnel and performed tasks in the interests of the active army and navy within the rear borders of the active fronts, operational areas of the fleets, as well as members of the crews of ships of the transport fleet interned at the beginning of the Great Patriotic War in ports of other countries; former minor prisoners of concentration camps, ghettos and other places of forced detention created by the Nazis during the Second World War; citizens who worked during the siege in Leningrad at enterprises, institutions and organizations of the city and were awarded a medal "For the Defense of Leningrad", as well as persons awarded the badge "Resident of besieged Leningrad"; persons awarded orders and medals of the former USSR for selfless labor and impeccable military service in the rear during the Great Patriotic War; workers and employees who went to work in Afghanistan from December 1, 1979 to December 1989 and in other countries where military operations were conducted; workers and employees of the State Security Committee security forces of the former Soviet Union who were temporarily stationed on the territory of Afghanistan and were not part of the limited contingent of Soviet troops; citizens who suffered and became disabled as a result of the Chernobyl disaster and the explosions at the Semipalatinsk nuclear test site; military personnel of the active army, partisans and underground fighters of the Great Patriotic War, as well as workers and employees of the relevant categories who became disabled as a result of injury, contusion, mutilation or disease received during the Great Patriotic War at the front, in the area of military operations, on frontline sections of railways, on the construction of defensive lines, naval bases, etc. airfields, and equated in terms of pension provision to military personnel; military personnel and freelancers of the Armed Forces of the former USSR who became disabled as a result of wounds, contusions, mutilations or diseases sustained during the war with Japan in 1945; military personnel who became disabled as a result of wounds, contusions, mutilations sustained in the defense of the former USSR, while performing other duties of military service in other periods or as a result of illness related to being at the front, as well as during military service in Afghanistan or other countries where military operations were conducted; persons commanding and enlisted personnel of the internal affairs and state security bodies of the former USSR who became disabled as a result of injury, contusion, injury sustained in the performance of official duties or as a result of illness associated with being at the front, or performing official duties in States where military operations were conducted; workers and employees of the relevant categories who served active military contingents in other countries and became disabled as a result of injury, contusion, injury or illness sustained during the period of hostilities; 5) the persons specified in subparagraph 5) of Article 1 of this Law include disabled persons of groups I and II, recognized as such in accordance with the established procedure before entry into force of this Law.

 Article 12. This Law applies to: 1) convicted persons who have been sentenced to imprisonment by a court verdict using article 63 of the Criminal Code of the Republic of Kazakhstan (Article 40 of the Criminal Code of the Kazakh SSR); 2) pregnant women and women with young children sentenced to imprisonment who, in accordance with article 72 of the Criminal Code Of the Republic of Kazakhstan (Article 41-1 of the Criminal Code of the Kazakh SSR) the execution of the court verdict has been postponed; 3) persons liable for military service who have evaded conscription and military personnel who have committed crimes of minor or moderate gravity before the entry into force of this Law, if they turn themselves in to the nearest military commissariats, military investigative bodies, military prosecutor's offices or military police no later than six months after the entry into force of this Law.

Article 13. This Law does not apply to persons: 1) those recognized by a court verdict as particularly dangerous repeat offenders, as well as those who have committed a relapse of crimes recognized as dangerous or especially dangerous; 2) convicted persons to whom the death penalty has been commuted by way of pardon to imprisonment; 3) those who have again committed an intentional crime, to whom amnesty or pardon was previously applied; 4) those recognized as malicious violators of the established procedure for serving their sentences or who committed intentional crimes while serving their sentence; 5) having two or more convictions for serious and especially serious crimes; 6) convicted of the following crimes provided for in the Criminal Code of the Kazakh SSR: treason (Article 50); espionage (Article 51); terrorist act (Article 52); terrorist act against a representative of a foreign state (Article 53); sabotage (article 54); sabotage (article 55); propaganda of war (Article 57); violation of national and racial equality (part three of Article 60); mercenary activity (part two of Article 62-2); banditry (Article 63); actions that disrupt the work of correctional labor institutions (Article 63-1); organization or leadership of a criminal group or criminal community, participation in a criminal community (part two of Article 63-2); smuggling (parts two, three and four of Article 64); riots (Article 65); hijacking or seizure of railway rolling stock, aircraft, sea or river vessel (parts two and three of Article 72-1); manufacture or sale of counterfeit money or securities (part two of Article 73); theft (part three of Article 76); robbery (part three of Article 76-1); robbery (Article 76-2); fraud (part three of Article 76-3); theft of other people's property by misappropriation or embezzlement or by abuse of official position (part three of Article 76-4); extortion (part three of Article 76-7); intentional destruction or damage of other people's property (Article 82); premeditated murder (Article 88); intentional grievous bodily harm (part two of Article 93); knowingly putting another person at risk of contracting the AIDS disease and contracting the AIDS disease (part two of Article 100-1); rape (parts two, three and four of Article 101); sodomy (part two of Article 104); taking or holding a person hostage (Article 115-1); kidnapping (Article 116); receiving a bribe (parts two and three of Article 146); encroachment on the life of an employee of the internal affairs bodies, a national vigilante, a person conducting an inquiry, an investigator, a prosecutor, a judge or people's assessors (Article 173-1); bribery or coercion of a witness, victim, expert or interpreter to give false testimony (part three of Article 187-1); making a deliberately unlawful sentence, decision, ruling or resolution (part two of Article 191); threatening a person conducting an inquiry, investigator, prosecutor, judge or lay judges (Article 191-2); malicious disobedience to the requirements of the administration of a correctional labor institution (part two of Article 199-2); hooliganism (part two of Article 200); theft of firearms, ammunition or explosives (parts two and three of Article 203); theft of narcotic drugs (parts two and three of Article 213-1); inducement to consume narcotic drugs (part two of Article 213-2); illegal manufacture, acquisition, storage, transportation, transfer or sale of narcotic drugs (parts three, four and five of Article 214); maintenance of brothels and pandering (part five of Article 215-1); theft of vehicles (parts two and three of Article 221); disobedience (paragraph "c" of Article 225); failure to comply with an order (paragraph "c" of Article 226); resisting the boss or forcing him to violate official duties (paragraphs "b" and "c" of Article 227); threatening the boss (paragraph "c" of Article 228); violent acts against a superior (paragraph "b" of Article 229); violation of the statutory rules of relations between military personnel in the absence of subordination relations between them (paragraph "c" of article 231); unauthorized abandonment of a unit or place of service (paragraph "d" of article 233); desertion (paragraphs "b" and "d" article 234); unauthorized abandonment of a unit in a combat situation (Article 235); evasion from military service by self-mutilation or otherwise (paragraph "b" of Article 236); intentional destruction or damage to military property (paragraph "c" of Article 238); violation of the rules for handling weapons, as well as substances and objects that pose an increased danger to others (paragraph "b" of Article 238-1); violation of the rules of flight or preparation for them (Article 240); violation of the rules of navigation (Article 241); violation of the statutory rules of guard duty (paragraph "e" of Article 242); violation of the rules of combat duty (paragraphs "c" and "d" of Article 244); disclosure of military secrets or loss of documents containing military secrets (paragraph "c" of Article 246); abuse of power, excess or omission of power (paragraphs "b" and "c" of Article 247); surrender or abandonment of means of warfare to the enemy (Article 248); abandonment of a sinking warship (Article 249); unauthorized abandonment of the battlefield or refusal to use weapons (Article 250); voluntary surrender (Article 251); looting (Article 253); violence against the population in the area of military operations (Article 254); as well as robbery (parts three and four of Article 133), robbery (Article 134), extortion (parts two and three of Article 135), intentional destruction or damage to property (part two of Article 141) of the Criminal Code of the Kazakh SSR as amended before May 12, 1995; 7) convicted and held criminally liable for the following crimes provided for in the Criminal Code of the Republic of Kazakhstan: murder (Article 96); intentional infliction of serious harm to health (Article 103); torture (part two of Article 107); coercion to remove human organs or tissues for transplantation or other use (parts two and three Article 113); infection with the human immunodeficiency virus (HIV/AIDS) (part three of Article 116); rape (parts two and three of article 120); sexual violence (parts two and three of Article 121); kidnapping (article 125); unlawful imprisonment (part three of article 126); recruitment of people for exploitation (part three of article 128); involvement of a minor in criminal activities (part four of Article 131); trafficking in minors (article 133); planning, preparation, launching or waging aggressive war (Article 156); production or proliferation of weapons of mass destruction (Article 158); use of prohibited means and methods of warfare (Article 159); genocide (article 160); ecocide (article 161); mercenary activity (article 162); attack on persons or organizations enjoying international protection (article 163); incitement of social, national, tribal, racial or religious hatred (part three of Article 164); high treason (article 165); espionage (article 166); encroachment on the life of a state or public figure (Article 167); forcible seizure of power or forcible retention of power (Article 168); armed rebellion (article 169); sabotage (Article 171); evasion of conscription (part two of Article 174); theft (part three of Article 175); embezzlement or embezzlement of entrusted property (part three of Article 176); fraud (part three of Article 177); robbery (part three of Article 178); robbery (Article 179); theft of items of special value (Article 180); extortion (parts two and three 181); illegal possession of a car or other vehicle without the purpose of theft (parts three and four of Article 185); intentional destruction or damage to someone else's property (part three of Article 187); manufacture or sale of counterfeit money or securities (parts two and three of Article 206); economic smuggling (part three of Article 209); terrorism (Article 233); hostage-taking (Article 234); creation and leadership of an organized criminal group or criminal community (criminal organization), participation in a criminal community (Article 235); organization of an illegal paramilitary group (part one of Article 236); banditry (Article 237); seizure of buildings, structures, communications and communications facilities (parts two and three of Article 238); hijacking, as well as seizure of an aircraft or a water vessel or railway rolling stock (Article 239); piracy (Article 240); mass riots (parts one and two of Article 241); violation of safety rules at nuclear power facilities (part two of Article 244); theft or extortion of radioactive materials (part three of Article 248); smuggling of items withdrawn from circulation or items whose circulation is restricted (part three of Article 250); illegal acquisition, transfer, sale, storage, transportation or carrying of weapons, ammunition, explosives and explosive devices (part three of Article 251); illegal manufacture of weapons (part three of Article 252); theft or extortion of weapons, ammunition, explosives and explosive devices (parts two, three and four of Article 255); hooliganism (part three of Article 257); illegal manufacture, acquisition, storage, transportation, transfer or sale of narcotic drugs or psychotropic substances (parts two, three and four of Article 259); theft or extortion of narcotic drugs or psychotropic substances (parts two and three of Article 260); inducement to consume narcotic drugs or psychotropic substances (parts two and three of Article 261); illegal cultivation of plants prohibited for cultivation containing narcotic substances (part two of Article 262);

illegal trafficking of toxic substances, as well as substances, tools or equipment used for the manufacture or processing of narcotic drugs, psychotropic or poisonous substances (parts two, three and four of Article 263); organization or maintenance of dens for the consumption of narcotic drugs or psychotropic substances (part two of Article 264); intentional disrepair of vehicles or ways of communication (part three of Article 299); abuse of official authority (part three of Article 307); abuse of power or official authority (part three of Article 308); receiving a bribe (parts two, three, and four of Article 311); use of violence against a government official (part two of Article 321); encroachment on the life of a person carrying out justice or preliminary investigation (article 340); threat or violent acts in connection with the administration of justice or the conduct of a preliminary investigation (part four of article 341); bringing an obviously innocent person to criminal responsibility (part two of Article 344); knowingly unlawful detention, detention or detention (part three of Article 346); coercion to testify (part two of Article 347); the imposition of knowingly unlawful sentence, decision or other judicial act (part two of Article 350); knowingly false denunciation (part three of Article 351); bribery or coercion to giving false testimony or evading testimony, false imprisonment or incorrect transfer (part four of Article 354); escape from places of deprivation of liberty, from arrest or from custody (part two of Article 358); malicious disobedience to the requirements of the administration of a penal institution (Article 360); disorganization of the normal activities of institutions providing isolation from society (Article 361); disobedience or other non-fulfillment of an order (parts three and five of Article 367); resistance to the boss or coercion to violate official duties (parts two and three of Article 368); violent actions against the boss (parts two and three of Article 369); violation of the statutory rules of relations between military personnel in the absence of subordination relations between them (part three of Article 370); unauthorized abandonment of a unit or place of service (parts five and six of Article 372); desertion (parts two and three of Article 373); evasion from military service by self-mutilation or otherwise (parts two and three of Article 374); violation of the rules of combat duty (parts two and three of Article 375); violation of the statutory rules of guard duty (part two of Article 377); abuse of power, excess or inaction of power (parts two and three of Article 380); abandonment of a sinking warship (part two of Article 382); surrender or abandonment of means of warfare to the enemy (Article 383); voluntary surrender (Article 384); looting (Article 385); disclosure of classified military information or loss of documents containing classified military information (part three of Article 386); violation of flight rules or preparations for them (Article 392); violation of navigation rules (Article 393). Subitems 6) and 7) of this Article do not apply to the persons listed in Article 6 of this Law.

 Article 14. The basis for applying amnesty to the persons listed in subitems 2), 4) and 5) of Article 11 of this Law are documents confirming the right of these persons to benefits.

 Article 15. To establish that the serving of a part of the sentence provided for in Articles 3-5, 9 of this Law is calculated on the date of entry into force of this Law.

 Article 16. In the case of a combination of crimes, if one of the crimes does not fall within the scope of this Law, amnesty is not applied.

 Article 17. Persons subject to amnesty are exempt from both basic and additional punishment, if the latter has not been executed on the date of entry into force of this Law.

 Article 18. In accordance with article 9 of this Law, the part of the sentence that has not been served as of the date of entry into force of this Law is subject to reduction.

 Article 19. The amnesty covers persons whose criminal record has been removed or expunged in accordance with the procedure established by law, as well as those convicted of crimes for which responsibility is excluded by law.

 Article 20. Subparagraph 3) of Article 13 of this Law applies to persons who were previously released from punishment prematurely by way of pardon or on the basis of amnesty, regardless of the removal or cancellation of a criminal record.

 Article 21. This Law applies to persons who committed crimes before its entry into force, convicted by courts of the Republic of Kazakhstan (Kazakh SSR), as well as military tribunals of the former USSR for crimes committed on the territory of the Kazakh SSR.

 Article 22. To assign the enforcement of this Law to: 1) bodies and institutions executing punishments against convicted persons in places of deprivation of liberty; 2) bodies of inquiry and preliminary investigation in respect of persons whose cases and materials on crimes are under the jurisdiction of these bodies; 3) courts in respect of: persons whose cases and materials on crimes are in court proceedings and have not been considered before the entry into force of this Law, as well as in respect of persons whose cases on crimes have been considered but sentences have not entered into legal force.; conditionally convicted persons in accordance with Article 63 of the Criminal Code of the Republic of Kazakhstan (Article 40 of the Criminal Code of the Kazakh SSR) and in respect of persons whose sentences have been suspended in accordance with Article 72 of the Criminal Code of the Republic of Kazakhstan (Article 41-1 of the Criminal Code of the Kazakh SSR) (amnesty is applied by the court that passed the sentence); persons who the main penalty is a fine if no fine has been collected before the entry into force of this Law (an amnesty is applied by the court that passed the sentence); persons released from punishment on parole and persons to whom the unserved part of the punishment was replaced by a more lenient punishment before the entry into force of this Law (the amnesty is applied by the court in whose territory the person is registered); 4) internal affairs bodies in relation to persons: persons sentenced to imprisonment, but not in custody, whose sentences have entered into legal force; serving sentences in the form of community service, correctional labor, deprived of the right to hold certain positions or engage in certain activities; 5) commanders of disciplinary military units in relation to military personnel sentenced to detention in disciplinary military units.

 Article 23. This Law is applied on the basis of a resolution of an authorized body (official) authorized by the prosecutor, as well as on the basis of a court order. The participation of the prosecutor is mandatory in the application of this Law by the courts. The following documents are attached to the decision of the head of the correctional institution or the commander of the disciplinary military unit and the guardhouse: 1) a certificate of rewards and penalties; 2) the convict's personal file; 3) other documents necessary to resolve the issue of applying amnesty. The serving of a sentence is terminated from the date of the prosecutor's approval of the decision of the authorized body (official) or from the date of entry into force of the court's decision on the application of the amnesty act.

 Article 24. Amnesty is not applied if the accused or the defendant objects to it.

 Article 25. The bodies listed in article 22 shall ensure the implementation of this Law within six months from the date of its entry into force. In cases where the issue of applying an amnesty arises after the expiration of a six-month period from the date of entry into force of this Law, it shall be executed in accordance with the procedure provided for in articles 22 and 26 of this Law.

 Article 26. The issue of applying amnesty to persons convicted by the courts of the Republic of Kazakhstan, but serving their sentences outside its borders, is decided by the courts of the Republic of Kazakhstan on the basis of international treaties to which the Republic of Kazakhstan is a party, upon presentation by the competent authority of the State in whose territory the court verdict is being executed.

 Article 27. The Government of the Republic of Kazakhstan, the akims of the regions, the cities of Almaty and Astana should take measures to: 1) place disabled and elderly persons released from punishment under amnesty and without relatives and relatives in special boarding schools; 2) transfer released minors under the supervision of parents, guardianship and guardianship authorities or send them, if necessary to orphanages, boarding schools or other educational institutions; 3) ensuring control over the continuation of treatment of tuberculosis patients released from prison.

 Article 28. This Law shall enter into force from the date of its official publication.

President

Republic of Kazakhstan

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