Release from Punishment or Postponement of Serving a Sentence Due to Illness

🔹 1. Legal Nature and Purpose of the Article

Article 75 of the Criminal Code of the Republic of Kazakhstan is based on the principle of humanism in criminal law (Article 3(2)) and is aimed at:

• protecting persons suffering from serious illness;

• ensuring respect for human rights in the execution of punishment;

• guaranteeing fairness with due regard to the physical and mental condition of the convicted person.

This article also implements the provisions of:

• the Constitution of the Republic of Kazakhstan (Article 17(2) — “No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment”);

• the International Covenant on Civil and Political Rights (Article 10);

• the United Nations Standard Minimum Rules for the Treatment of Prisoners (Nelson Mandela Rules).

🔹 2. Release from Punishment in Case of Mental Disorders (Part 1)

Condition: if, after committing a criminal offense, a person develops a mental disorder that:

• deprives them of the ability to understand the nature and social danger of their actions (or inaction);

• or deprives them of the ability to control those actions.

📌 Such a person cannot serve a sentence, since the purpose of punishment — rehabilitation — becomes unattainable.

🔸 The court may impose compulsory medical measures pursuant to Articles 89–96 of the Criminal Code of the Republic of Kazakhstan.

🔸 The procedure for court consideration is regulated by Article 544 of the Criminal Procedure Code of the Republic of Kazakhstan.

❗ This does not mean exemption from criminal liability as such — the court merely suspends the execution of the sentence for the duration of the illness.

🔹 3. Postponement or Release in Case of Serious Somatic Illness (Part 2)

Grounds: the presence of a serious illness preventing the serving of a sentence. This may include:

• terminal-stage cancer;

• severe diseases of internal organs;

• loss of motor functions, etc.

⚖️ The court may decide to:

• postpone the serving of the sentence;

• release the person from punishment;

• replace the punishment with a more lenient one (for example, imprisonment with restriction of liberty).

The court assesses:

• the nature of the crime (gravity, social danger);

• the personality of the convicted person (age, conduct in the correctional institution);

• a medical opinion issued by an authorized medical institution.

✅ The list of illnesses preventing the serving of a sentence is approved by a joint order of the Ministry of Justice and the Ministry of Health of Kazakhstan (2014, as amended).

🔹 4. Legal Consequences of Recovery (Part 3)

If a person who has been released or granted a postponement recovers, they:

• are subject to serving the sentence if:

  • the statute of limitations for criminal liability (Article 71 of the Criminal Code) has not expired;

  • or the time limit for execution of the conviction has not expired.

📌 Therefore, such release is temporary and does not eliminate criminal liability.

🔹 5. Exceptions (Part 4)

Postponement does not apply to persons convicted of:

• crimes against the sexual integrity of minors — except where the offense was committed by a minor against another minor aged 14–18;

• terrorist or extremist crimes — if they resulted in death or were associated with a particularly grave offense;

• crimes committed as part of a criminal group — without exceptions.

📌 These restrictions are intended to prevent abuse of humanitarian measures in cases involving particularly dangerous crimes.

🔹 6. Judicial Practice

📍 Example 1: Postponement due to somatic illness

A person sentenced to 4 years’ imprisonment for fraud submitted a certificate from an oncology center confirming stage IV malignant cancer. Upon the petition of the penitentiary authority and based on the medical opinion, the court granted a one-year postponement of execution of the sentence.

📍 Example 2: Refusal of postponement in a terrorist offense case

A man convicted of participation in a terrorist group requested postponement due to severe liver disease. The court refused, referring to Part 4 of Article 75 of the Criminal Code, as the offense falls within the statutory exceptions.

🔹 7. Related Provisions

• Article 71 of the Criminal Code of the Republic of Kazakhstan — statute of limitations;

• Articles 89–96 of the Criminal Code of the Republic of Kazakhstan — compulsory medical measures;

• Article 44 of the Criminal Code of the Republic of Kazakhstan — probation supervision;

• Article 165 of the Penal Enforcement Code of the Republic of Kazakhstan — release due to illness;

• Article 544 of the Criminal Procedure Code of the Republic of Kazakhstan — court procedure;

• Order of the Ministry of Health No. ҚР ДСМ-108/2020 — list of illnesses preventing the serving of a sentence.

🔹 8. International Standards

• United Nations Standard Minimum Rules for the Treatment of Prisoners (Nelson Mandela Rules), paras. 109–110 — medical grounds for release;

• Wenner v. Germany (2016) — the state is obliged to take a prisoner’s health into account during detention;

• Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (Articles 1 and 16).

🔹 Conclusion

Article 75 of the Criminal Code of the Republic of Kazakhstan is an important mechanism for the protection of human rights within the penal system. It is aimed at:

• humanizing the execution of punishments;

• ensuring compliance with medical standards;

• safeguarding human dignity.

At the same time, its application requires a solid evidentiary basis, strict adherence to procedural rules, and the prevention of excessive leniency toward persons who have committed particularly dangerous crimes. 

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