Recidivism of Criminal Offenses

Article 12 of the Criminal Code of the Republic of Kazakhstan (CC RK) defines the concept and the conditions under which criminal offenses are considered repeated. Let us examine the provisions of this article in detail, taking into account other legal acts and judicial practice.

1. Definition of Recidivism in Criminal Offenses

According to Part 1 of Article 12 of the CC RK, recidivism is recognized when two or more acts are committed, which are provided for by the same article or part of an article in the Special Part of the CC RK. At the same time, a crime and a criminal infraction do not together constitute recidivism.

2. Exceptions to the Concept of Recidivism

Part 2 of Article 12 of the CC RK establishes that a criminal offense is not considered repeated if the person was previously convicted or released from criminal liability on legal grounds for the earlier act. This means that after a sentence is passed or the individual is released from liability, any subsequent act will be regarded as a separate offense.

3. Continued Criminal Offense

Part 3 of Article 12 of the CC RK states that a continued criminal offense is not recognized as recidivism. A continued criminal offense is understood as a series of identical unlawful acts united by a single intent and goal, forming one criminal offense. For example, systematic theft of property from a single location with a unified intent.

4. Qualification in Cases of Recidivism

Parts 4 and 5 of Article 12 of the CC RK provide that if recidivism is listed as a circumstance leading to stricter punishment, the committed acts are to be qualified under the corresponding part of the article in the Special Part of the CC RK. This means that when an article includes recidivism as an aggravating circumstance, the offense must be qualified with this factor in mind.

Relationship with Other Legal Acts and Judicial Practice

The Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan dated May 11, 2007, No. 1, "On the Qualification of Certain Criminal Offenses Against Life and Health of a Person," explains that when qualifying murder, it is necessary to distinguish between recidivism and the murder of two or more individuals. If each murder was committed with separate intent, the acts are qualified under subparagraph 13) of Part 2 of Article 99 of the CC RK. However, if the intent was unified and directed at the simultaneous killing of multiple persons, subparagraph 1) of Part 2 of Article 99 of the CC RK applies.

In addition, the draft Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan “On Amendments and Additions to the Regulatory Resolution dated April 20, 2018, No. 4” emphasizes the need for courts to strictly observe the requirements of paragraph 16 of the said resolution when qualifying repeated crimes.

Examples from Judicial Practice

In judicial practice, recidivism is taken into account when determining punishment. For instance, in theft cases, courts differentiate the severity of punishment depending on the number of episodes and the presence of recidivism, which is reflected in the summary of judicial practice on theft cases.

Conclusion

Thus, Article 12 of the CC RK sets out clear criteria for recognizing criminal offenses as repeated, which ensures fair qualification of acts and the imposition of appropriate punishment.

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