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On amnesty in connection with the thirtieth anniversary of the Constitution of the Republic of Kazakhstan

АMANAT партиясы және Заң және Құқық адвокаттық кеңсесінің серіктестігі аясында елге тегін заң көмегі көрсетілді

On amnesty in connection with the thirtieth anniversary of the Constitution of the Republic of Kazakhstan

The Law of the Republic of Kazakhstan dated June 23, 2025 No. 195-VIII SAM

 

In connection with the thirtieth anniversary of the Constitution of the Republic of Kazakhstan, guided by the principle of humanism, this Law has been adopted.

Article 1. The concept used in this Law

     For the purposes of this Law, socially vulnerable persons include:

     1) veterans and other persons subject to the Law of the Republic of Kazakhstan "On Veterans";

     2) persons who have not reached the age of eighteen at the time of the commission of a criminal offense;

     3) women who are fifty years old or older, men who are sixty years old or older on the day of the enactment of this Law;

     4) women who are pregnant on the day of the enactment of this Law;

     5) women who have not been deprived of parental rights and who have a child (children), including one adopted or taken into custody and/or guardianship, who has not reached the age of eighteen on the day of the enactment of this Law, or who at the time of the commission of a criminal offense and conviction had a dependent child (children) with a person with a disability and/or a person(s) with a disability since childhood, regardless of his/their age;

     6) men who are not deprived of parental rights and who, on the day of the enactment of this Law, are the sole parent of a minor child (minor children), including an adopted one, or who, at the time of the commission of a criminal offense and conviction, had a dependent child (children) with a disability and (or) a person (persons) with disabled since childhood, regardless of his (their) age;

     7) persons with disabilities of the first or second group, recognized as such in accordance with the procedure established by the legislation of the Republic of Kazakhstan, prior to the entry into force of this Law.

Article 2. Exemption from criminal liability or basic punishment

     1. They are exempt from criminal liability or basic punishment.:

     1) persons who have committed criminal offenses and (or) minor crimes;

     2) persons who have committed crimes of moderate severity that have not caused damage, or who have fully compensated for it, or for whom no civil action has been filed;

     3) socially vulnerable persons who have committed crimes of moderate severity, regardless of the existence of damage or civil action.

     2. Persons convicted of committing crimes of moderate severity who do not have a negative degree of behavior, who have no more than one year left to serve their sentences during the period of execution of the amnesty act established by paragraph 4 of Article 5 of this Law, are exempt from basic punishment.

     3. The criminal offences cases referred to in paragraph 1 of this article that are under investigation shall be terminated by the body conducting the criminal proceedings, with the release of persons from criminal liability.

     4. In cases of criminal offenses, minor or moderate crimes pending before the courts, for which additional punishment is mandatory, the persons referred to in paragraph 1 of this article shall be released from the main punishment by the court.

     5. Convicted persons subject to paragraph 1 of this article shall be exempt from further serving only the basic sentence.

Article 3. Reduction of terms or amounts of basic punishment

     1. For persons who have committed crimes of moderate gravity that do not fall within the scope of subitems 2) and 3) of paragraph 1 of Article 2 of this Law, the term or amount of the unserved or unfulfilled part of the basic punishment shall be reduced by one second part.

     2. The terms or amounts of the unserved or unfulfilled part of the basic punishment for socially vulnerable persons who are serving their sentence or have not yet fulfilled it shall be reduced.:

     1) for serious crimes – one-third;

     2) for particularly serious crimes – by one-fourth.

     3. The terms or amounts of the unserved or unfulfilled part of the basic punishment for persons, with the exception of socially vulnerable persons who are serving their sentence or have not yet fulfilled it, in case of full compensation for damage caused by a criminal offense and claims brought against them, or in their absence, shall be reduced.:

     1) for serious crimes – one-third;

     2) for particularly serious crimes – by one-fourth.

     4. The terms or amounts of the unserved or unfulfilled part of the basic punishment for persons who do not fall within the scope of paragraphs 2 and 3 of this Article shall be reduced.:

     1) for serious crimes – by one fifth;

     2) for particularly serious crimes – by one sixth.

     5. The terms or amounts of the unserved or unfulfilled part of the basic punishment for persons convicted of embezzlement or embezzlement of someone else's property on an especially large scale or fraud on an especially large scale, subject to full compensation for damage caused by a criminal offense and claims brought against them, shall be reduced by one fifth.

     6. Persons convicted of committing grave or especially grave crimes who do not have a negative degree of behavior and who have no more than one year left to serve their sentences during the period of execution of the amnesty act established by paragraph 4 of Article 5 of this Law, the amount of the unserved part of the basic sentence shall be reduced.

Article 4. Persons who are not subject to amnesty

     This Law does not apply to persons:

     1) those who have committed corruption crimes;

     2) those who have committed terrorist crimes;

     3) those who have committed extremist crimes or crimes containing signs of extremism;

     4) who have committed crimes against the sexual integrity of minors, with the exception of the case of such a crime committed by a minor in relation to a minor aged from fourteen to eighteen years;

     5) those who have committed torture;

     6) the punishment imposed in case of a relapse or dangerous relapse of crimes;

     7) who have been sentenced to life imprisonment;

     8) who have committed crimes as part of a criminal group, an organized group, a criminal organization, a criminal community, a transnational organized group, a transnational criminal organization, a transnational criminal community, a terrorist group, an extremist group, a gang or an illegal paramilitary formation;

     9) in respect of whom the punishment has been executed and who have served their punishment;

     10) who have committed criminal offenses, in the aggregate of which one of them does not fall under the scope of this Law.;

     11) those who have committed criminal offenses included in the totality of sentences, one of which does not fall under the scope of this Law;

     12) who committed intentional crimes while serving their sentence;

     13) convicted of a crime provided for by the Criminal Code of the Kazakh SSR of July 22, 1959 (with amendments and additions made after July 22, 1959 to January 1, 1998) – premeditated murder (Article 88);

14) who have committed or been convicted of the following crimes provided for by the Criminal Code of the Republic of Kazakhstan dated July 16, 1997 (with amendments and additions made after July 16, 1997 until January 1, 2015): murder (Article 96); murder committed in a state of passion (part two of Article 98); causing death by negligence (part two of Article 101); driving to suicide (Article 102); intentional infliction of serious harm to health (Article 103); intentional infliction of moderate harm to health (Article 104); torture (part two of Article 107); forced removal or illegal removal of human organs and tissues (parts two and three of Article 113); infection with the human immunodeficiency virus (HIV/AIDS) (part three of Article 116); illegal abortion (part four of Article 117); rape (article 120); sexual violence (article 121); sexual intercourse and other sexual acts with a person under the age of sixteen (Article 122), except in the case of such a crime committed by a minor; coercion to sexual intercourse, sodomy, lesbianism or other sexual acts (article 123), if such a crime has been committed against minors; child molestation (article 124), except in the case of such a crime committed by a minor; kidnapping (article 125); unlawful imprisonment (part three of article 126); human trafficking (parts two, three and four of Article 128); involvement of a minor in criminal activity (parts two, three, four and five of Article 131); involvement of a minor in anti-social acts (part three of Article 132); involvement of a minor in prostitution (Article 132-1); trafficking in minors (Article 133); substitution of a child (part two of Article 134); planning, preparation, launching or waging aggressive war (Article 156); propaganda and public calls for unleashing aggressive wars (Article 157); 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 activities (article 162); participation in foreign armed conflicts (article 162-1); attacks on internationally protected persons or organizations (article 163); incitement of social, national, tribal, racial or religious hatred (article 164); high treason (article 165); espionage (article 166); encroachment assault on the life of the First President of the Republic of Kazakhstan, the Leader of the Nation (Article 166-1); assault on the life of the President of the Republic of Kazakhstan (Article 167); forcible seizure of power or forcible retention of power or the exercise by representatives of a foreign state or a foreign organization of powers within the competence of authorized bodies and officials of the Republic of Kazakhstan (Article 168); armed rebellion (Article 169); calls for the violent overthrow or change of the constitutional order or violent violation of the unity of the territory of the Republic of Kazakhstan (Article 170); sabotage (Article 171); creation and (or) management of a financial (investment) pyramid scheme (Article 177-1); robbery (parts two, three and four of Article 178); robbery (Article 179); theft of items of special value (Article 180); extortion (parts two, three and four of Article 181); causing property damage by deception or abuse of trust (Article 182); unlawful possession of a car or other means of transport a means without the purpose of theft (part four of Article 185); intentional destruction or damage of other people's property (part three of Article 187); legalization (laundering) of money and (or) other property obtained by criminal means (part three of Article 193); manufacture or sale of counterfeit money or securities (Article 206); economic smuggling (part three of Article 209); coercion to commit a transaction or to refuse to commit it (part two of Article 226); raiding (part three of Article 226-1); hostage-taking (Article 234); creation and leadership of an organized group in for the purpose of committing one or more crimes, as well as participation in it (Article 235); creation and leadership of a criminal community (criminal organization), as well as participation in it (article 235-1); creation and leadership of a transnational organized group for the purpose of committing one or more crimes, as well as participation in it (article 235-2); creation and leadership of a transnational criminal community (transnational criminal organization), as well as participation in it (article 235-3); financing of the activities of an organized group, a criminal community (criminal organization) or a transnational organized group, a transnational criminal community (transnational criminal organization) or a stable armed group (gang), as well as the collection, storage, distribution of property, development of financing channels (Article 235-4); organization of an illegal paramilitary formation (part one of Article 236); attack on buildings, structures, communications and communication facilities (article 238); hijacking, as well as the seizure of an aircraft or a water vessel or railway rolling stock (Article 239); piracy (article 240); mass riots (Article 241); dissemination of deliberately false information (part four of Article 242-1); substandard construction (part three of Article 245-1); violation of safety rules when carrying out space activities (part 246-1); illegal handling of radioactive materials (parts two and three of Article 247); theft or extortion of radioactive materials (parts two and three of Article 248); smuggling of items withdrawn from circulation or items whose circulation is restricted (parts two, three and four of Article 250); illegal acquisition, transfer, sale, storage, transportation or carrying of weapons, ammunition, explosives and explosive devices (parts two and three of Article 251); illegal manufacture of weapons (parts two and three article 252); improper performance of duties related to the protection of weapons, ammunition, explosives or explosive devices (part two of Article 254); theft or extortion of weapons, ammunition, explosives and explosive devices (Article 255); hooliganism (part three of Article 257); illegal manufacture, processing, acquisition, storage, transportation, transfer or sale of narcotic drugs or psychotropic substances (Article 259); theft or extortion of narcotic drugs or psychotropic substances (Article 260); inducement to consume narcotic drugs or psychotropic substances (parts two, three and four of Article 261); illegal cultivation of plants containing narcotic substances prohibited for cultivation (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 drugs or psychotropic substances, or provision of premises for the same purposes (article 264); production or sale of goods, performance of works or provision of services that do not meet safety requirements (part three of Article 269); organization of illegal gambling (part three of Article 269-1); involvement in prostitution (parts two and three of Article 270); organization or maintenance of prostitution dens and pandering (parts two and three article 271); manufacture and trafficking of materials or objects with pornographic images of minors or their involvement in entertainment events of a pornographic nature (parts two and three of Article 273-1), except in the case of such a crime committed by minors; illegal removal of organs and tissues of a human corpse (part two of Article 275-1); violation of traffic safety rules and operation of railway, air or water transport (part three of Article 295); violation of the rules of traffic and operation of vehicles by persons driving vehicles (parts one and two in the case of persons who were in a state of alcoholic, narcotic and (or) substance abuse intoxication, part three of Article 296); substandard repair of vehicles and their commissioning with technical malfunctions, admission to driving a vehicle persons who are intoxicated (part four of Article 298); intentional deterioration of vehicles or communication routes (part three of Article 299); violation of rules ensuring the safe operation of transport (part three of Article 300); violation of safety rules during the construction, operation or repair of main pipelines (part three of Article 303); 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 actions in connection with the administration of justice or the conduct of a preliminary investigation (part four of article 341); knowingly false denunciation (parts two and three of Article 351); bribery or coercion to give false testimony or evade giving evidence, to false imprisonment or to incorrect translation (part four of Article 354); disclosure of information about security measures applied to persons subject to state protection (part two of Article 356); escape from places of deprivation of liberty, from arrest, or from custody (paragraph b) of the second part of article 358); disobedience to the lawful demands of the administration of a penal institution (article 360); the threat of violence against an employee of an institution providing isolation from society, or his relatives, as well as a convicted person, or an attack on their health or life (parts three and four of Article 361); disobedience or other non-fulfillment of an order (parts two and three of Article 367); resistance to the boss or coercion to violate official duties (parts two and three of Article 368); violent acts 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 (parts two and three of Article 370); unauthorized abandonment of a unit or place of service (part two of Article 372); desertion (parts two and three of Article 373); evasion from military service by self-mutilation or otherwise (part three of Article 374); violation of the rules of combat duty (part two of Article 375); violation of the statutory rules of guard duty (part two of Article 377); violation of the rules of service for the protection of public order and ensuring public safety (Article 379); negligent attitude to service (parts two and three of Article 381); violation of the rules for handling weapons, as well as substances and objects that pose a danger to others (part three of Article 390); violation of the rules of driving or operating cars (part three of article 391);

 15) who have committed or been convicted of the following criminal offenses provided for by the Criminal Code of the Republic of Kazakhstan dated July 3, 2014 (with amendments and additions made after July 3, 2014 before the entry into force of this Law): murder (Article 99); murder committed in a state of passion (part two of Article 101); bringing prior to suicide, inducement to commit suicide or assistance in committing suicide (Article 105); intentional infliction of serious harm to health (Article 106); intentional infliction of moderate harm to health (Article 107); intentional infliction of minor harm to health (Article 108-1); beatings (Article 109-1); torture (part two of Article 110); forced removal or illegal removal of human organs and tissues (parts two and three of Article 116); infection with the human immunodeficiency virus (HIV) (part three of Article 118); leaving in danger (part four of article 119); rape (article 120); sexual violence (article 121); sexual harassment of persons under the age of sixteen (article 121-1); sexual intercourse or other acts of a sexual nature with a person who is obviously under the age of sixteen, as well as receiving prostitution or other services of a sexual nature provided by a known minor (Article 122), except in the case of the commission of such a crime by a minor; coercion to sexual intercourse, sodomy, lesbianism or other acts of a sexual nature (part two 123); the corruption of persons under the age of sixteen (Article 124), except in the case of the commission of such a crime by a minor; kidnapping (article 125); unlawful imprisonment (parts two and three of Article 126); human trafficking (Article 128); involvement of a minor in the commission of criminal offenses (parts two, three, four and five of Article 132); involvement of a minor in the commission of antisocial acts (parts two and three of Article 133); involvement of a minor in prostitution, provision of other sexual services (Article 134); trafficking in minors (article 135); substitution of a child (part two of Article 136); illegal export of a minor outside the Republic of Kazakhstan (parts two and three of Article 143); involvement of minors in the manufacture of erotic products (Article 144), except in the case of such a crime committed by a minor; violation of labor protection rules (part four of Article 156); planning, preparation, unleashing or waging aggressive war (Article 160); propaganda or public calls for unleashing aggressive war (Article 161); production, acquisition or sale of weapons of mass destruction (Article 162); the use of prohibited means and methods of warfare (article 163); criminal violations of international humanitarian law during armed conflicts (article 165); inaction or giving a criminal order during an armed conflict (article 166); genocide (article 168); ecocide (article 169); participation in foreign armed conflicts (article 172); high treason (Article 175); espionage (Article 176); illegal collection, distribution, and disclosure of state secrets (part three of Article 185); robbery (parts two, three, and four of Article 191); robbery (Article 192); theft of items of special value (Article 193); extortion (parts two, three and four of Article 194); causing property damage by deception or abuse of trust (Article 195); unlawful possession of a car or other vehicle without the purpose of theft (part four of Article 200); intentional destruction, export or damage of items of special value (Article 203); creation and management of a financial (investment) pyramid (Article 217); advertising of a financial (investment) pyramid (Article 217-1); manufacture, storage, transfer or sale of counterfeit money or securities (Article 231); coercion to commit a transaction or to refuse to commit it (parts two and three of Article 248); creation and leadership of an organized group, criminal organization, as well as participation in them (Article 262); creation and leadership of a criminal community, as well as participation in it (Article 263); creation and leadership of a transnational organized group, a transnational criminal organization, as well as participation in them (article 264); creation and leadership of a transnational criminal community, as well as participation in it (Article 265); financing the activities of a criminal group, as well as storage, distribution of property, development of financing channels (Article 266); illegal entry into a protected facility (article 269-1); piracy (article 271); riots (Article 272); dissemination of deliberately false information (part four of Article 274); violation of safety rules during mining or construction work (part three of Article 277); substandard construction (part three of Article 278); violation of rules or requirements of regulations in the field of architectural, urban planning and construction activities (part two of Article 279); improper performance of expert work or engineering services (part two of Article 280); violation of safety rules at explosive facilities (part three of Article 281); violation of safety rules when carrying out space activities (part three of Article 282); illegal handling of radioactive substances, radioactive waste, nuclear materials, as well as pathogenic biological agents causing particularly dangerous infectious diseases (parts three and four of Article 283); theft or extortion of radioactive substances, radioactive waste, nuclear materials, as well as pathogenic biological agents causing particularly dangerous infectious diseases (parts two and three articles 284); violation of the rules for the handling of radioactive substances, radioactive waste, nuclear materials or requirements for the handling of pathogenic biological agents causing particularly dangerous infectious diseases (Article 285); smuggling of items withdrawn from circulation or items whose circulation is restricted (parts two, three and four of Article 286); illegal acquisition, transfer, sale, storage, transportation or carrying of weapons, ammunition, explosives and explosive devices (part four of Article 287); illegal manufacture of weapons (part two of Article 288); improper performance of duties to protect weapons, ammunition, explosives or explosive devices (part two of Article 290); theft or extortion of weapons, ammunition, explosives and explosive devices (Article 291); violation of fire safety requirements (part three of Article 292); hooliganism (part three of Article 293); trafficking in precious metals metals and precious stones, raw materials containing precious metals (Article 295-1); illegal acquisition, storage, transportation for the purpose of sale, transfer or sale of narcotic drugs, psychotropic substances, and their analogues (parts two, three, and four of Article 297); illegal manufacture, processing, and production for the purpose of sale of narcotic drugs, psychotropic substances, and their analogues (Article 297-1); theft or extortion of narcotic drugs, psychotropic substances and their analogues (Article 298); inducement to consume narcotic drugs, psychotropic substances and their analogues (parts two, three and four of Article 299); propaganda or illegal advertising of narcotic drugs, psychotropic substances or their analogues, precursors (Article 299-1); illegal cultivation of plants containing narcotic substances prohibited for cultivation (part two of Article 300); illegal trafficking in toxic substances, as well as substances, tools or equipment used for the manufacture or processing of narcotic drugs, psychotropic substances, their analogues or toxic substances (parts two and three of Article 301); turnover of non-smoking tobacco products, electronic consumption systems (vapes), flavorings and liquids for them (Article 301-1); organization or maintenance of dens for the consumption of narcotic drugs, psychotropic substances, their analogues and provision of premises for the same purposes (Article 302); violation of sanitary rules or hygienic standards (part three of Article 304); release or sale of goods, performance of works or provision of services that do not meet safety requirements (part three of Article 306); organization of illegal gambling (part three of Article 307); involvement in prostitution, provision of other sexual services (parts two and three of Article 308); organization or maintenance of brothels for prostitution, provision of other sexual services and pandering (parts two and three of Article 309); production and trafficking of materials or objects with pornographic images of minors or their involvement in entertainment events of a pornographic nature (parts two and three of Article 312), except in the case of committing such a crime by minors; propaganda of suicide (Article 313-1); illegal removal of organs and tissues of a human corpse (part two of Article 315); improper execution of professional duties of a medical or pharmaceutical worker (part four of Article 317); illegal artificial termination of pregnancy (part five of Article 319); illegal medical and pharmaceutical activities and illegal issuance or forgery of prescriptions or other documents granting the right to receive narcotic drugs or psychotropic substances (part four of Article 322); violation of traffic safety rules or operation of railway, air, sea or river transport (part three articles 344); violation of the rules of traffic or operation of vehicles by persons driving vehicles (parts three and four of Article 345); violation of the rules of traffic or operation of vehicles by persons driving vehicles in a state of alcoholic, narcotic and (or) substance abuse intoxication (Article 345-1); driving a vehicle by a person deprived of the right to drive vehicles and being in a state of alcoholic, narcotic and (or) substance abuse intoxication, as well as transferring control of a vehicle to such a person or allowing such a person to drive a vehicle (Article 346); substandard repair of vehicles or their commissioning with technical malfunctions (part four article 348); admission to driving of a driver who does not have the right to drive (part four of Article 349); intentional deterioration of vehicles or communication routes (part three of Article 350); violation of the rules ensuring safe operation of transport (part three of Article 351); violation of the rules in force in transport (part four of Article 353); violation of safety rules during the construction, operation or repair of main pipelines (part four of Article 354); control of an aircraft, sea, river or small vessel by a person who is in a state of alcoholic, narcotic and (or) substance abuse intoxication, transfer of control to such a person or admission to control an aircraft, sea, river or small vessel of such a person (parts four and five of Article 358); admission to control an aircraft, sea or river vessel persons who do not have the right to govern (part four of Article 359); abuse of power or official authority (part four of Article 362); threat or violent actions against a government official (parts two and three of Article 380); assault on the life of a law enforcement officer, a special state body, a military officer, a state inspector for the protection of wildlife, an inspector of a specialized organization for the protection of wildlife, a gamekeeper (Article 380-1); use of violence against a state inspector for the protection of wildlife, inspector of a specialized organization for the protection of wildlife, huntsman (Article 380-2); encroachment on the life of a judge of the Constitutional Court of the Republic of Kazakhstan, a person carrying out justice or pre-trial investigation (Article 408); threat or violent actions in connection with the implementation of constitutional proceedings, justice or pre-trial investigation (parts four, five, six and seven of Article 409); deliberately false denunciation (parts three and four of Article 419); bribery or coercion to give false testimony or evasion from giving evidence, to false imprisonment or to incorrect translation (part four of Article 422); disclosure of information on security measures applied to persons subject to state protection and information on assistance in combating corruption (part two of Article 424); escape from places of detention, from arrest or from custody (paragraph 2) of part two of Article 426); disobedience to the lawful requirements of the administration of criminal- Executive institution (article 428); intentional destruction or damage of a video surveillance system, as well as its components in institutions of the penal enforcement (penitentiary) system, pre-trial detention facilities, temporary detention facilities (Article 428-1); threat of violence against an employee of an institution providing isolation from society, or his relatives, as well as a convicted person, or encroachment on their health or life (parts two, three and four of Article 429); disobedience or other non-fulfillment of an order (parts three and six of Article 437); resisting a superior or forcing him to violate his official duties (parts two and three of Article 438); violent acts against a superior (parts two and three of Article 439); violation of the statutory rules of relations between military personnel in the absence of subordination relations between them (parts three and four of Article 440); unauthorized abandonment of a unit or place of service (part three of Article 441); desertion (parts two and three of Article 442); evasion or refusal of military service (part two of Article 443); violation of the rules of combat duty (parts two and three of Article 444); violation of the statutory rules of guard duty (part two of Article 446); violation of the rules of duty to protect public order and ensure public safety (part three of Article 449); abuse of power (parts two, three and four of Article 451); negligent attitude to service (parts two and three of Article 453); intentional destruction or damage of military property (part three of Article 459); violation of the rules of handling weapons, as well as substances and objects that pose a danger to others (part three of Article 462); violation of the rules of driving or operating vehicles (part four of Article 463); violation of the rules of flight or preparation for them (part three of Article 464); driving cars, navigation, control of military aircraft a person in a state of alcoholic, narcotic or substance abuse intoxication, transfer of driving or control, or admission to driving or controlling military equipment of such a person (parts three, four and five of Article 466).

Article 5. Conditions and procedure for applying the amnesty

     1. The provisions of this Law shall apply to persons who committed crimes prior to the enactment of this Law, provided for by the Criminal Code of the Kazakh SSR dated July 22, 1959 (with amendments and additions made before January 1, 1998) and the Criminal Code of the Republic of Kazakhstan dated July 16, 1997 (with amendments and additions made before January 1, 1998). January 2015), criminal offenses provided for by the Criminal Code of the Republic of Kazakhstan dated July 3, 2014 (with amendments and additions made to it before the date of entry into force of this Law).

     2. The terms or amounts of the unserved or unfulfilled part of the basic punishment provided for in Article 3 of this Law shall be calculated on the day of its entry into force.

     3. Institutions of the penal enforcement (penitentiary) system and bodies executing punishments, in order to ensure timely implementation of this Law, are required to submit the following documents to the court:

     1) the idea of release from further serving of punishment or reduction of the term of the imposed punishment;

     2) an extract from the verdict of the court (as amended, if any) and other judicial acts issued against the convicted person;

     3) information on the served and remaining term of punishment as of the date of enactment of this Law;

     4) the convict's personal file;

     5) documents confirming the status of a socially vulnerable person;

     6) the objection (if any) of the person against whom the amnesty may be applied, or his legal representative.

     4. Bodies conducting criminal proceedings, as well as institutions of the penal enforcement (penitentiary) system and bodies executing sentences, shall take measures to ensure the implementation of this Law within six months from the date of its entry into force.

     5. An amnesty shall not be applied if the person against whom the amnesty may be applied or his legal representative objects to it.

     6. When applying this Law, the removal of a criminal record is carried out on the general grounds established by Article 79 of the Criminal Code of the Republic of Kazakhstan.

Article 6. The application of amnesty to persons convicted by the courts of the Republic of Kazakhstan and serving their sentences abroad, as well as to persons transferred to serve their sentences in the Republic of Kazakhstan

     The amnesty is applied to persons convicted by the courts of the Republic of Kazakhstan and serving their sentences abroad, as well as to persons transferred to serve their sentences in the Republic of Kazakhstan, in accordance with the procedure established by the Criminal Procedure Code of the Republic of Kazakhstan and international treaties ratified by the Republic of Kazakhstan.

Article 7. Measures for the implementation of this Law

     The Government of the Republic of Kazakhstan and local executive bodies of regions, cities of republican significance and the capital are taking measures to:

     1) placement in special social services centers for persons with disabilities of the first and second groups, as well as those who are unable to provide independent care due to their advanced age, who have been released from punishment under an amnesty and do not have a spouse or close relatives;

     2) transfer of released minors to parents or other legal representatives of minors for upbringing, or referral to educational organizations for orphaned children and children left without parental care, with assistance in continuing their secondary, technical or vocational education;

     3) ensuring the continuation of treatment prescribed by a court verdict, which has not been completed by the time this Law is applied during the execution of the sentence.;

     4) placement of persons released from punishment under the amnesty who do not have a fixed place of residence in centers for the re-socialization of persons who find themselves in a difficult life situation;

     5) ensuring the employment of able-bodied persons released from institutions and providing them with social and other assistance in accordance with the legislation of the Republic of Kazakhstan.

Article 8. Procedure for the enactment of this Law

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

     Presidentof the Republic of Kazakhstan K. TOKAYEV

    © 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan  

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