Punishment must not have the purpose of causing physical suffering or degrading human dignity

Article 39 of the Criminal Code of the Republic of Kazakhstan (CC RK) defines the concept and purposes of criminal punishment, establishing it as a measure of state coercion imposed by a court sentence. Below is a detailed legal commentary with analysis, practical examples, and references to related articles of other codes and international norms.

📘 General Provisions

According to Article 39 of the CC RK:

1. Punishment is a measure of state coercion imposed by a court sentence, applied to a person found guilty of committing a criminal offense, and consisting of the deprivation or restriction of the rights and freedoms of that person as provided for by this Code.
2. The purposes of punishment are:

• restoration of social justice;
• correction of the convicted person;
• prevention of the commission of new criminal offenses both by the convicted person and by others.

Punishment does not have the purpose of causing physical suffering or degrading human dignity.

⚖️ Legal Nature of Punishment

In the criminal law of the Republic of Kazakhstan, punishment is considered as:· A measure of state coercion: applied exclusively by the state through the judicial system.· A form of legal responsibility: expressed in the deprivation or restriction of the rights and freedoms of the guilty person.· A means of implementing criminal policy: aimed at achieving the objectives established by law.

🎯 Purposes of Punishment

1. Restoration of Social JusticeA crime violates public order and justice. Punishment serves as a means of restoring the disrupted balance by ensuring fair retribution for the committed act.
2. Correction of the Convicted PersonThe purpose of punishment is to change the behavior of the convicted person, to resocialize him or her, and to return them to society as a law-abiding citizen.
3. Prevention of New OffensesPunishment performs a preventive function, preventing the commission of new crimes both by the convicted person (special prevention) and by others (general prevention).

📚 Related Regulatory Acts

· Criminal Executive Code of the Republic of Kazakhstan (CEC RK): Article 4 of the CEC RK enshrines the purposes of executing punishment, which coincide with those set out in Article 39 of the CC RK.

· Constitution of the Republic of Kazakhstan: Article 17 guarantees that no one shall be subjected to torture, violence, or other cruel or degrading treatment or punishment.

· International norms: Kazakhstan is a party to international treaties providing for humane treatment of convicts, including the International Covenant on Civil and Political Rights.

🧾 Judicial Practice

Courts of the Republic of Kazakhstan, when imposing punishment, take into account:· the nature and degree of public danger of the committed crime;· the personality of the offender;· circumstances mitigating and aggravating liability.

Example: in the corruption case of former Minister of Economy Kuandyk Bishimbayev, the court imposed a punishment of 10 years of imprisonment with confiscation of property, taking into account the seriousness of the committed crime and its public danger.

🧠 Conclusion

Article 39 of the CC RK establishes the fundamental principles of criminal punishment, emphasizing its purposes and humanistic orientation. Punishment must be fair, proportionate, and aimed at correcting the convicted person as well as preventing new offenses. The application of punishment must comply with both domestic legislation and the international obligations of the Republic of Kazakhstan.

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