Release from Punishment with the Establishment of Surety (Guarantee)

🔷 1. General Characteristics of the Institution

Article 69 of the Criminal Code of the Republic of Kazakhstan (CC RK) provides for a special form of release from punishment under which:

· a person found guilty of committing a non–highly dangerous criminal offense,· does not serve the imposed punishment,· provided that a deposit in the form of surety (guarantee) is posted on their behalf.

📌 This mechanism represents a financially conditioned alternative to punishment aimed at:

· encouraging lawful behavior,· reducing the prison population,· rehabilitating the offender without applying punishment.

🔷 2. Conditions for Application of the Article

Release from punishment with the establishment of surety is possible only if all of the following conditions are met:

✅ 1. The person has committed for the first time:

· a criminal infraction, or· a minor or medium-gravity crime;

✅ 2. The act is not connected with:

· causing death,· causing grievous bodily harm;

✅ 3. The sanction of the article provides for a fine as one of the main types of punishment(even if it is not actually imposed by the court).

📌 Thus, the presence of a fine in the sanction is a mandatory criterion.

🔷 3. Content of the Surety (Part 2)

Surety = a deposit paid in the amount of the maximum fine provided for the given offense.

📌 Examples:

· under Article 188(1) CC RK (theft): maximum fine — 2,000 MCI → deposit = 2,000 × MCI;· under Article 131 CC RK (insult): 300 MCI → deposit = 300 × MCI.

🔹 The deposit is paid by the surety provider (either an individual or a legal entity) to a special deposit account of the justice authority.

🔷 4. Duration of the Surety (Part 3)

📌 The duration is determined by the court taking into account:

· the nature of the offense;· the degree of guilt;· the personality of the offender;· mitigating and aggravating circumstances.

🔷 5. Consequences of Law-Abiding Conduct (Part 4)

If no new criminal offense is committed during the period of surety, the deposit is returned to the surety provider.

📌 This serves as financial motivation for lawful behavior and a legal “guarantee” of rehabilitation.

🔷 6. Violation of Conditions — Consequences (Part 5)

If the person commits a new criminal offense during the surety period:

· the court revokes the release from punishment;· imposes an actual punishment under the rules of cumulative sentences (Article 60 CC RK);· the deposit is transferred to state revenue.

📌 Thus, the institution of surety loses its legal force and is effectively annulled.

🔷 7. Restrictions (Part 6)

🔹 This article does not apply to persons who committed:

📌 This is due to the high degree of social danger of such acts.

🔷 8. Judicial Practice

✅ Example 1 (applied):A person committed for the first time a crime under Article 189(1) CC RK (misappropriation, damage — 100 MCI). The court established a surety for 1 year with a deposit of 1,000 MCI. After one year without violations, the deposit was returned.

❌ Example 2 (refusal):A defendant under Article 122 CC RK (sexual intercourse with a minor) requested the application of surety. The court refused, since crimes against the sexual inviolability of minors exclude the application of Article 69.

🔷 9. Interrelation with Other Legal Provisions

🔷 10. International Standards

🔹 International Covenant on Civil and Political Rights, Article 10 → the state should strive for humane and economically reasonable forms of punishment.

🔹 UN Beijing Rules (for juveniles) → encourage the use of alternatives to imprisonment, including sureties, compensation, and fines.

🔹 Council of Europe Recommendation R(2000)22 → systems of guarantees and sureties may be used to prevent excessive punishment and enhance confidence in justice.

🔷 11. Conclusion

Article 69 of the CC RK is an effective mechanism for:

· alternative punishment,· encouraging law-abiding behavior of convicted persons,· financial security of criminal liability.

📌 It is simultaneously an institution of control and trust, in which punishment is replaced by an obligation of lawful conduct, reinforced by financial security.

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