On amnesty in connection with the twenty-fifth anniversary of Independence of the Republic of Kazakhstan

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The Law of the Republic of Kazakhstan dated December 13, 2016 No. 27-VI SAM.

To the attention of users! A TABLE OF CONTENTS has been created for the convenience of using the RCPI.

In connection with the twenty-fifth anniversary of Independence of the Republic of Kazakhstan, guided by the principle of humanism, this Law has been adopted.

Article 1. Concepts used in this Law

The following concepts are used in this Law:

 1) persons specified in subparagraph 1) of paragraph 2 of Article 2, subparagraph 1) of paragraphs 1 and 3 of Article 4, subparagraph 1) of Article 5, subparagraph 1) of paragraph 2 of Article 6 of this Law – persons who have not reached the age of eighteen at the time of the commission of the crime;

 2) the persons specified in subparagraph 2) of paragraph 2 of Article 2, subparagraph 2) of paragraphs 1 and 3 of Article 4, subparagraph 2) of paragraph 2 of Article 6 of this Law:

pregnant women on the day of the enactment of this Law;

women who have not been deprived of parental rights and have children, including those adopted or taken under guardianship and (or) guardianship, who have not reached the age of eighteen on the day of the enactment of this Law, or who had dependent children with disabilities at the time of the commission of a crime and conviction, regardless of their age;

men who, on the day of the enactment of this Law, are the sole parent of minor children and are not deprived of parental rights;

 3) the persons specified in subparagraph 3) of paragraph 2 of Article 2, subparagraph 3) of paragraphs 1 and 3 of Article 4, subparagraph 3) of paragraph 2 of Article 6 of this Law are disabled persons of groups I, II and III 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.;

 4) the persons specified in subparagraph 4) of paragraph 2 of Article 2, subparagraph 4) of paragraphs 1 and 3 of Article 4, subparagraph 4) of paragraph 2 of Article 6 of this Law – 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;

 5) the persons specified in subparagraph 5) of paragraph 2 of Article 2, subparagraph 5) of paragraphs 1 and 3 of Article 4, subparagraph 5) of paragraph 2 of Article 6 of this Law – participants and invalids of the Great Patriotic War and persons equated to them;

 6) the persons specified in subparagraph 6) of paragraph 2 of Article 2, subparagraph 6) of paragraphs 1 and 3 of Article 4, subparagraph 6) of paragraph 2 of Article 6 of this Law are widows of military personnel of the Armed Forces, other troops and military formations, including those of the former USSR, who died or went missing while performing military and (or) international duty, and those who have not entered into another registered marriage, as well as the wives of war invalids and persons equated to them.

Article 2. Persons released from punishment

1. Persons who have committed criminal offenses and minor crimes are exempt from punishment.

2. Persons convicted of crimes of moderate severity are exempt from punishment.:

1) minors;

2) pregnant women, women with minor children or children with disabilities, as well as men who are the only parent of minor children;

3) disabled people of groups I, II and III;

4) women aged fifty years and older, men aged sixty years and older;

5) participants and invalids of the Great Patriotic War and persons equated to them;

6) widows of military personnel who died while performing military and (or) international duty, as well as women with husbands with war disabilities and persons equated to them.

 3. Persons convicted of crimes of moderate gravity that do not fall within the scope of paragraph 2 of this Article shall be exempt from punishment.:

1) serving a non-custodial sentence and being under probation supervision;

 2) who have been sentenced by a court to imprisonment with the application of Article 63 of the Criminal Code of the Republic of Kazakhstan.

Article 3. Replacement of the unserved part of the sentence

 Persons sentenced to imprisonment for crimes of moderate gravity that do not fall within the scope of paragraph 2 of Article 2 of this Law, the unserved part of the sentence should be replaced by a fine or restriction of liberty.

Article 4. Reduction of the unserved part of the sentence

1. To reduce by half the unserved part of the sentence on the day of the enactment of this Law convicted of serious crimes:

1) minors;

2) pregnant women, women with minor children or children with disabilities, as well as men who are the only parent of minor children;

3) persons with disabilities of groups I, II and III;

4) women aged fifty years and older, men aged sixty years and older;

5) participants and invalids of the Great Patriotic War and persons equated to them;

6) widows of military personnel who died while performing military and (or) international duty, as well as women with husbands with war disabilities and persons equivalent to them;

 7) in the sphere of economic activity provided for in the Special Part of the Criminal Code of the Republic of Kazakhstan, in case of full compensation for damage caused by a crime.

 2. To reduce by one-fourth the unserved part of the sentence as of the date of enactment of this Law to persons convicted of committing a serious crime that does not fall within the scope of paragraph 1 of this Article, in case of full compensation for the damage caused by the crime.

3. To reduce by one fifth the unserved part of the sentence on the day of the enactment of this Law to persons convicted of committing a particularly serious crime:

1) minors;

2) pregnant women, women with minor children or children with disabilities, as well as men who are the only parent of minor children;

3) persons with disabilities of groups I, II and III;

4) women aged fifty years and older, men aged sixty years and older;

5) participants and invalids of the Great Patriotic War and persons equated to them;

6) widows of military personnel who died while performing military and (or) international duty, as well as women with husbands with war disabilities and persons equated to them.

Article 5. Persons who are not subject to amnesty

This Law does not apply to:

1) persons 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;

2) persons who have committed terrorist crimes;

3) persons who have committed extremist crimes;

4) persons who have committed torture;

5) persons who are punished for a relapse or dangerous relapse of crimes;

6) persons to whom the death penalty has been commuted by way of pardon to imprisonment, as well as to whom life imprisonment has been imposed;

7) persons to whom amnesty or pardon was previously applied, who again committed intentional crimes;

8) persons convicted of committing crimes as part of criminal groups;

9) in the case of a combination of crimes, if one of them does not fall under the scope of this Law;

10) convicted of the following crimes provided for by the Criminal Code of the Kazakh SSR dated July 22, 1959 (with amendments and additions made after July 22, 1959 until January 1, 1998): treason (Article 50); espionage (Article 51); terrorist act (Article 52); terrorist act against a representative of the Kazakh SSR; foreign State (Article 53); sabotage (article 54); mercenary activity (part two of Article 62-2); banditry (article 63); acts disrupting the work of correctional labor institutions (part two of 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 (paragraph b) of part two, parts three and four of Article 64); riots (Article 65); hijacking or seizure of railway rolling stock, aircraft, sea or river vessel (part three of Article 72-1); manufacture or sale of counterfeit money or securities (Article 73); robbery (part three of Article 76-1); robbery (part three of Article 76-2); extortion (part three of Article 76-7); intentional destruction or damage to other people's property (Article 82); premeditated murder (Article 88); premeditated grievous bodily harm (part two of Article 93); rape (parts two, three and four of Article 101); kidnapping (part three of Article 116); assault on the life of an employee of the internal affairs bodies, a national vigilante, the person conducting the inquiry, the investigator, the prosecutor, the judge or people's assessors (Article 173-1); hooliganism (part two of Article 200); theft of firearms, ammunition or explosives (part three of Article 203); theft of radioactive materials (Article 205-2); 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 (part five of Article 214); violation of traffic safety rules and operation of vehicles persons driving vehicles (part three of Article 217); disobedience (paragraph "b" of Article 225); resisting the superior or forcing him to violate his official duties (paragraph "b" of Article 227); violent acts against the superior (paragraph "a" 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); desertion (paragraphs "a" and "c" of Article 234); evasion from military service by self-mutilation or otherwise (paragraph "a" of Article 236); intentional destruction or damage of military property (paragraph "b" of Article 238); violation of the rules for handling weapons, as well as substances and objects that pose an increased danger to others (paragraphs "b" and "c" of Articles 238-1); violation of the rules for driving or operating vehicles (article 239); 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 (paragraphs "c" and "d" of Article 242); violation of the rules of border guard duty (paragraph "c" of Article 243); violation of the rules of combat duty (paragraph "c" of Article 244); disclosure of military secrets or loss of documents containing military secrets (paragraph "b" of Article 246);

11) persons 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); causing death by negligence (part two of Article 101); intentional infliction of serious harm to health (parts two and three of Article 103); rape (parts two, three and four of article 120); sexual violence (parts two, three and four of article 121); 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 (Parts two, three, and four of articles 132-1); trafficking in minors (article 133); planning, preparing, launching, or waging aggressive war (article 156); propaganda and public calls for unleashing aggressive war (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); participation in foreign armed conflicts (Article 162-1); attack on persons or organizations enjoying international protection (article 163); incitement of social, national, tribal, racial or religious hatred (article 164); high treason (article 165); espionage (article 166); encroachment on the life of the First President of the Republic of Kazakhstan, the Leader of the Nation (Article 166-1); encroachment 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 (part one of Article 168); armed rebellion (Article 169); sabotage (Article 171); robbery (paragraph a) of the fourth part of Article 178); robbery (parts two, three and four of Article 179); theft of items of special value (part two of Article 180); extortion (parts three and four of Article 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 other people's property (part three of Article 187); manufacture or sale of counterfeit money or securities (Article 206); economic smuggling (paragraph b) of the third part of Article 209); hostage-taking (Article 234); creation and leadership of an organized group 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 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); banditry (Article 237); attacks on buildings, structures, communications and communication facilities (article 238); hijacking, as well as the seizure of an aircraft or water vessel or railway rolling stock (Article 239); piracy (article 240); mass riots (Article 241); substandard construction (part three of Article 245-1); violation of safety rules in space activities (part three of Article 246-1); 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 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 of Article 252); 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); illicit trafficking in toxic substances, as well as substances, tools or equipment used for the manufacture or processing of narcotic drugs, psychotropic or poisonous substances (parts two, third and fourth articles 263); organization or maintenance of dens for the consumption of narcotic drugs or psychotropic substances, or provision of premises for the same purposes (Article 264); violation of the rules of traffic safety 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 operating vehicles (part three of Article 296); substandard repair of vehicles and their commissioning with technical malfunctions, admission to driving a vehicle by a person who is 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 exercising justice or preliminary investigation (article 340); threats or violent acts in connection with the administration of justice or the conduct of a preliminary investigation (part four of Article 341); bribery or coercion to give false testimony or evade testimony, to false imprisonment or to incorrect translation (part four of Article 354); disobedience to the lawful requirements 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 two, three and four of Article 361); resistance to the boss or coercion to violate official duties (part two of Article 368); violent acts against the boss (part two 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); desertion (part two of Article 373); 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); disclosure of classified military information or loss of documents containing classified military information (part three of Article 386); violation of the rules of 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 machines (part three of Article 391); violation of the rules of flight or preparation for them (article 392); violation of the rules of navigation (Article 393);

12) persons convicted of the following crimes provided for in 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); causing death by negligence (part two of Article 104); intentional infliction of serious harm to health (parts two and three of Article 106); abandonment in danger (part four of Article 119); rape (parts two, three and four of Article 120); sexual violence (parts two, three and four of Article 121); 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 the commission of criminal offenses (parts two, three, four and five article 132); involvement of a minor in anti-social acts (part three of Article 133); involvement of a minor in prostitution (parts two, three and four of Article 134); trafficking in minors (Article 135); violation of labor protection rules (part four of Article 156); planning, preparation, launching 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); use of prohibited means and methods of warfare (article 163); violation of the laws and customs of war (article 164); 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); robbery (part four of Article 191); robbery (parts the second, third and fourth articles 192); theft of items of special value (parts two and three of Article 193); extortion (parts three and four of Article 194); illegal possession of a car or other vehicle without the purpose of theft (parts three and four of Article 200); intentional destruction or damage to other people's property (part three of Article 202); intentional destruction or damage of items of special value (Article 203); manufacture, storage, transfer or sale of counterfeit money or securities (Article 231); 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 management of a transnational organized group, a transnational criminal organization, as well as participation in them (Article 264); creation and management 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 (parts one and three of Article 266); organization of an illegal paramilitary group (part one of Article 267); banditry (Article 268); piracy (part three of Article 271); mass 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 regulatory requirements 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 regulations at explosive facilities (part three of Article 281); violation of safety rules during space activities (part three of Article 282); illegal handling of radioactive substances, radioactive waste, and nuclear materials (part three of Article 283); theft or extortion of radioactive substances, radioactive waste, or nuclear materials (parts two and three of Article 284); smuggling of items or items withdrawn from circulation, whose circulation is restricted (parts two 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); 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); illegal handling of narcotic drugs, psychotropic substances, their analogues, precursors without the purpose of sale (part four of Article 296); illegal manufacture, processing, acquisition, storage, transportation for the purpose of sale, transfer or sale of narcotic drugs, psychotropic substances, and their analogues (Article 297); 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, third and fourth articles 299); illegal trafficking of toxic substances, as well as substances, tools or equipment used for the manufacture or processing of narcotic drugs, psychotropic substances or toxic substances (parts two and three of Article 301); violation of sanitary rules or hygienic standards (part three of Article 304); manufacture and trafficking of materials or objects with pornographic images of minors or their involvement to participate in entertainment events of a pornographic nature (parts two and three of Article 312); improper performance of professional duties by a medical or pharmaceutical worker (part four of Article 317); illegal medical and pharmaceutical activities and the 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 environmental requirements for economic or other activities (part two of Article 324); violation of environmental requirements when handling environmentally potentially hazardous chemical or biological substances (part three of Article 325); violation of environmental requirements when handling microbiological or other biological agents or toxins (part three of Article 326); pollution, clogging or depletion of waters (part three of Article 328); atmospheric pollution (part two of Article 329); pollution of the marine environment (part two of Article 330); damage to land (part two of Article 332); violation of the rules for the protection and use of mineral resources (part two of Article 333); failure to take measures to eliminate the consequences of environmental pollution (part three of Article 343); violation of traffic safety rules or operation of railway, air, sea or river transport (part three of Article 344); violation of traffic rules or operation of vehicles by persons driving vehicles (part four of Article 345); driving a vehicle by a person deprived of the right to drive vehicles who is 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 (part five of Article 346); substandard repair of vehicles or their commissioning with technical malfunctions (part four of 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 the 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); intentional damage or destruction of pipelines (paragraph 4) of the third part of Article 355); 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 (fifth part of Article 358); admission to control an aircraft, sea or river vessel of a person who who does not have the right to govern (part four of Article 359); the use of violence against a government official (part two of Article 380); encroachment on the life of a person carrying out justice or pre-trial investigation (Article 408); threat or violent acts in connection with the administration of justice or pre-trial investigation (part four of Article 409); knowingly false denunciation (parts three and four of Article 419); bribery or coercion to give false testimony or evasion from giving evidence, false incarceration or incorrect translation (parts three and four of Article 422); disclosure of information about security measures applied to persons subject to state protection (part two of Article 424); disobedience to the lawful requirements of the administration of a penal institution (Article 428); threat of violence against an employee of an institution providing isolation from society, or his relatives, as well as a convicted person, or an encroachment on their health or life (parts two, three and four of Article 429); disobedience or other failure to comply with an order (part four of Article 437); resisting the boss 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 four of Article 441); desertion (parts two and three of Article 442); evasion or refusal to perform military service (part two of Article 443); violation of the rules of combat duty (part two of Article 444); violation of the statutory rules of guard duty (part two of Article 446); violation of the rules of service for the protection of public order and ensuring public safety (part three of Article 449); disclosure of classified military information or loss of military secret information carriers (parts three and four of Article 458); intentional destruction or damage to military property (part three of Article 459); violation of the rules of handling weapons, and also with substances and objects that pose a danger to others (part three of Article 462); violation of the rules of driving or operating cars (part four of Article 463); violation of the rules of flight or preparation for them (Article 464); violation of the rules of navigation (Article 465); driving cars, navigation, control of a military aircraft by a person in a state of alcoholic, narcotic or toxic intoxication, transfer of driving or control or admission to driving or control of military equipment of such person (fifth part of Article 466).

Article 6. Termination of criminal proceedings

1. To terminate the proceedings in all criminal cases and cases not considered by the courts, for criminal offenses and minor crimes.

2. To terminate the proceedings in all criminal cases and cases not considered by the courts for crimes of moderate severity in relation to:

1) minors;

2) pregnant women, women with minor children or children with disabilities, as well as men who are the only parent of minor children who are not deprived of parental rights;

3) disabled persons of groups I, II and III;

4) women aged fifty years and older, men aged sixty years and older;

5) participants and invalids of the Great Patriotic War and persons equated to them;

6) widows of military personnel who died while performing military and (or) international duty, as well as women with husbands with war disabilities and persons equated to them.

Article 7. Conditions of application of the amnesty

 1. In order to apply an amnesty to persons specified in paragraph 2 of Article 2, paragraphs 1 and 3 of Article 4, paragraph 2 of Article 6 of this Law, it is necessary to have documents confirming their status.

 2. The serving of a part of the sentence provided for in Article 4 of this Law shall be calculated on the day of the enactment of this Law.

3. Persons subject to amnesty are exempt from basic punishment.

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

 5. 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 dated July 3, 2014.

Article 8. The application of amnesty to persons convicted by the courts of the Republic of Kazakhstan, but serving their sentences outside its borders, and persons transferred to serve their sentences in the Republic of Kazakhstan

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.

Amnesty is applied to persons transferred to the Republic of Kazakhstan from foreign countries with which the Republic of Kazakhstan has not concluded relevant international treaties for further serving of a custodial sentence only with the consent of the competent authorities of the States that transferred such persons.

Article 9. Procedure for the application of this Law

 1. The application of articles 2, 3 and 4 of this Law is assigned to the courts at the place of execution of the convicted person's sentence.

 2. The application of article 6 of this Law is assigned to the bodies conducting criminal proceedings.

3. The application of this Law is carried out on the basis of a resolution of the body (official) of criminal prosecution approved by the prosecutor, as well as on the basis of a court order.

4. Institutions and bodies executing punishments, in order to ensure timely execution of this Law, are required to submit the following documents to the courts:

1) the idea of being released from further serving of the sentence or of reducing the term of the imposed punishment;

2) an extract from the court verdict (as amended, if any);

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

4) personal or control file of the convicted person;

 5) documents confirming the status of the persons specified in paragraph 2 of Article 2, paragraphs 1 and 3 of Article 4 of this Law.

5. The participation of the prosecutor is mandatory in the application of this Law by the courts.

 6. The provisions of this Law apply to persons who are subject to pre-trial investigation, judicial proceedings, or convicted of crimes 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 as amended before January 1, 2015), for criminal offenses provided for by the Criminal Code of the Republic of Kazakhstan dated July 3, 2014 (with amendments and additions, as amended before the date of entry into force of this Law).

Article 10. The term of execution of this Law

 The bodies specified in Article 9 of this Law are obliged to ensure the implementation of this Law within six months from the date of its entry into force.

Article 11. The procedure for the enactment of this Law

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

Article 12. 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 should take measures to:

1) placement in inpatient medical and social institutions (organizations) of disabled people of groups I and II and persons 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 under the supervision of their parents or persons replacing them, or a specialized state body;

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 in social adaptation centers for persons who do not have a specific place of residence.

President

Republic of Kazakhstan

N. NAZARBAYEV

President

Republic of Kazakhstan

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