Reconciliation with the victim, the applicant, who committed criminal offenses, and compensation for damage
The correct application of the institution of reconciliation of the parties contributes to increasing the role and activity of the victim, the applicant in the criminal process, the speedy restoration of their violated rights and freedoms, and is also aimed at humane treatment of persons who have committed criminal offenses, which are subsequently recognized as positive in the form of reconciliation with the victim, the applicant and compensation for damage. The body conducting the criminal process is obliged to explain to the person who committed the criminal offense the right, grounds and procedure for reconciliation to the victim and the applicant in accordance with Article 68 of the Criminal Code. Paragraph 1 as amended by the normative resolutions of the Supreme Court of the Republic of Kazakhstan dated 11.07.2003 No. 6; dated 21.04.2011 No. 1; dated 31.03.2017 No. 3 (effective from the date of its official publication). 2. excluded by the normative resolution of the Supreme Court of the Republic of Kazakhstan dated 21.04.2011 No. 1.
In accordance with the first part of Article 68 of the Criminal Code, a person who has committed a criminal offense is subject to release from criminal liability if he has compensated for the damage caused and he is reconciled with the victim, the applicant or is reconciled by mediation paragraph 3 as amended by the normative resolution of the Supreme Court of the Republic of Kazakhstan dated 31.03.2017 No. 3 (effective from the date of its official publication).
3-1.the provisions of the first part of Article 68 of the Criminal Code shall apply in relation to persons who have committed a crime of less serious or moderate severity in the presence of a set of grounds: the criminally punishable act committed by them belongs to the category of crimes of less serious or moderate severity, not related to death; the person who committed the crime is reconciled with the victim, the applicant, as well as through mediation; the person who committed the crime In the absence of at least one of the listed grounds, the application of the first part of Article 68 of the criminal code is not allowed. At the same time, it does not matter whether a person has committed a criminal offense or a crime of less serious or medium severity for the first time, or whether there are repeated, totality or repetition of crimes in his actions, whether the sentence has been served under the previous sentence, or whether a new crime has been committed during the period of serving the sentence, probation control or postponement of the execution of the sentence, or
When applying the provisions of part one of Article 68 of the criminal code, the grounds for termination of the case specified in this article do not apply to cases of criminal offenses provided for in parts two and four of Article 32 of the Criminal Code of the Republic of Kazakhstan (hereinafter referred to as the Criminal Code), paragraphs 5, 7 of part one of Article 35. Item 3-1 as amended by the normative resolution of the Supreme Court of the Republic of Kazakhstan dated 31.03.2017 No. 3 (effective from the date of its official publication). 3-2. Resolution of the issue on termination of the case on the commission of a serious crime under the second part of Article 68 of the criminal code, not related to death or causing serious harm to human health, is possible if this crime is committed by persons for the first time. Their full list is indicated in the second part of Article 68 of the criminal code. The provisions of the second part of Article 68 of the Criminal Code apply to persons who have committed a serious crime not related to death or causing serious harm to human health when there is a set of the following grounds: minors who have committed a serious crime not related to death or causing serious harm to human health for the first time, pregnant women, women with young children, men raising young children alone in 2017, women aged fifty-eight years and older, men aged sixty-three years and older; the act committed by the guilty person belongs to the category of serious crimes not related to death or causing serious harm to the health of a person; the person who committed the crime reconciles with the victim, the applicant, including through mediation; the person who committed the crime restores the damage caused to the victim, the applicant by the crime committed.
Reconciliation with the victim, the applicant, who committed criminal offenses, and compensation for damage
In the absence of at least one of the listed grounds, the application of the second part of Article 68 of the criminal code is not allowed. In case of release of a minor from criminal liability for committing a serious crime not related to death or causing serious harm to a person's health, coercive measures with an educational effect are applied to him. Item 3-2 is supplemented by normative decisions of the Supreme Court of the Republic of Kazakhstan dated 21.04.2011 No. 1; as amended by the normative decisions of the Supreme Court of the Republic of Kazakhstan dated 31.03.2017 No. 3 (effective from the date of official publication).
When deciding on the application of the second part of Article 68 of the Criminal Code to a person who has committed a serious crime not related to causing death or causing serious harm to the health of a person, a crime committed for the first time must be recognized as an act committed by a person for the first time in fact, or not for the first time, but A person who has committed two or more crimes (committed several times and in cases of a specific set of crimes), for one of which the issue of responsibility is not resolved, cannot be considered to have committed a crime for the first time.
At the same time, it does not matter for each of these actions whether criminal prosecution is carried out in one case or in independent criminal cases. Paragraph 4 as amended by the normative resolutions of the Supreme Court of the Republic of Kazakhstan dated 11.07.2003 No. 6; dated 31.03.2017 No. 3 (effective from the date of its official publication). 5. It is necessary to attribute to the harm to be compensated by the person who committed the crime any damage caused by criminal offenses to the health and property of the victim,the applicant or moral, while it is better to attribute to the harm not only direct costs, but also expenses related to the criminal offense, including expenses for the representative, in connection with the preliminary investigation, participation in the court. Compensation for damage can be in the form of restoration of Damaged Property, Return of stolen property or provision of such property, payment of monetary compensation, purchase of medicines, sanatorium vouchers, apology to the victim and other forms not prohibited by law. Paragraph 5 as amended by the normative resolutions of the Supreme Court of the Republic of Kazakhstan dated 11.07.2003 No. 6; dated 31.03.2017 No. 3 (effective from the date of its official publication).
It is necessary to carefully determine what specific damage was caused to the victim, the applicant, and whether the person who committed the criminal offense fully compensated for it. Compensation for the damage caused should be sufficient not from the point of view of the guilty person, but from the point of view of the victim, the applicant. The criminal prosecution authorities and the court are not entitled to limit the claim of the victim on the amount of damage to be compensated.
The presence of a dispute between the parties about the extent of the damage implies irreconcilability, and the person who committed the criminal offense in this case cannot be released from criminal liability on the basis of Article 68 of the criminal code. Compensation for damage must be real before the reconciliation of the parties and the adoption of a decision on the release of the person who committed the criminal offense from criminal liability. Voluntary refusal of the victim's claim to the person who committed the criminal offense to compensate for the damage should not be considered as failure of the person who committed the criminal offense to compensate for this damage and cannot serve as an obstacle to the parties ' reconciliation on their own. For the application of Article 68 of the Criminal Code, it is not prevented to compensate for the damage by WHO, in particular, the person who committed the criminal offense, himself or his relatives, other persons or the organization at his request. Paragraph 6 as amended by the Supreme Court of the Republic of Kazakhstan dated 11.07.2003 No. 6; 31.03.Regulatory resolutions No. 3 (effective from the date of official publication) of 2017. 7.Reconciliation takes the form of an application of the victim to terminate a criminal case initiated against the person who committed the crime.
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