Statute of Limitations for Criminal Liability
📘 GENERAL OVERVIEW
Article 88 of the Criminal Code of the Republic of Kazakhstan introduces a preferential regime of limitation periods for criminal liability and execution of a conviction for individuals who committed an offense while being minors.
⚖️ This reflects the principle of humanism and the specifics of juvenile criminal liability, taking into account:
- age-related psychological characteristics;
- immaturity of will and consciousness;
- the priority of education over punishment.
🔍 DEFINITION OF STATUTE OF LIMITATIONS
The statute of limitations is a legally established maximum period after which:
- a person may no longer be held criminally liable;
- or a conviction may no longer be enforced.
📌 The general procedure is governed by Articles 71 and 77 of the CC RK.Article 88 is a special norm, modifying these provisions for minors.
📑 STRUCTURE OF ARTICLE 88 CC RK
🔹 Wording:"The statute of limitations for bringing to criminal liability or enforcing a conviction shall be reduced by half for persons exempted from liability or punishment for crimes committed while being minors."
This means:
| Limitation Category | Standard Term (Art. 71) | For Minors (Art. 88) |
|---|---|---|
| Misdemeanor | 2 years | 1 year |
| Minor crime | 5 years | 2 years 6 months |
| Medium gravity | 10 years | 5 years |
| Serious | 15 years | 7 years 6 months |
| Especially serious | 20 years | 10 years |
⚖️ LEGAL NATURE
🟩 Article 88 governs two situations:
- Limitation period for prosecution:
- Applied to determine whether a criminal case can be initiated;
- See Article 35 of the Criminal Procedure Code (CPC RK) — grounds for termination of pre-trial investigation.
- Limitation period for enforcing a conviction (see Art. 77 CC RK):
- Applies if a person has not served the sentence within the prescribed period;
- It does not matter whether the person went into hiding — what matters is that the sentence was not executed.
🧩 APPLICATION FEATURES
✅ Age at the time of the offense — the determining factor
Even if the person has reached adulthood before the case is initiated or judgment passed, reduced limitation periods apply if the offense was committed before the age of 18.
📌 Example:A person aged 16 in 2020 commits a medium-gravity crime. He is detained in 2025 at the age of 21. A 5-year limitation applies (half of 10 years), and if expired — the case is not initiated.
✅ Does not apply to crimes with no statute of limitations
Some crimes are not subject to limitation by direct law provision (Art. 71 para. 5 CC RK), such as:
- crimes against peace and security of mankind;
- genocide (Art. 168);
- attempts on the life of a public figure.
📌 In such cases, the benefit of reduced limitation does not apply, even if the crime was committed as a minor.
✅ Connection to exemption from punishment
If a minor is exempt from punishment (by amnesty — Art. 78, or due to illness — Art. 76), and the sentence has not been executed, the halved limitation period applies under Art. 77 CC RK.
📎 RELATED ARTICLES
📜 Criminal Code of the Republic of Kazakhstan:
- Art. 71 — statutes of limitation for prosecution;
- Art. 77 — exemption due to expiration of limitation period for enforcement of sentence;
- Art. 15 — age of criminal responsibility;
- Arts. 72–87 — other benefits and specific provisions for minors;
- Art. 78 — amnesty and pardon;
- Art. 35 CPC RK — grounds for terminating pre-trial proceedings.
🌍 International Standards:
- UN Convention on the Rights of the Child (1989):
- Art. 40 — special procedures for children;
- Clause 4(a) — measures for rehabilitation and reintegration.
- UN Beijing Rules (1985):
- Rules 5.1, 17.1 — priority of expeditious resolution of juvenile cases;
- Rule 19.1 — measures must be humane and age-sensitive.
⚠️ PROBLEMATIC ISSUES IN PRACTICE
- Lack of unified approach to limitation calculation — especially during long searches, the starting point of the limitation period is often disputed.
- Court ignoring age specifics — sometimes reduced limitation periods are not applied due to misinterpretation of age.
- Abuse through requalification — investigative bodies may reclassify crimes as more severe to avoid expiration of limitation periods.
📍 PRACTICAL EXAMPLE
Case No. 2-346/2022:A 17-year-old committed fraud (Art. 190 part 1 CC RK) in 2017.He was found in 2022 (at age 22).The investigator initiated a case, but the defense attorney filed a motion for termination due to the expired limitation.The court agreed, noting that Article 88 CC RK applies — the applicable period is 2 years 6 months, and the case was dismissed.
✅ CONCLUSION
Article 88 of the CC RK is an essential guarantee of minors' rights aimed at:
- recognizing the psychological characteristics of young offenders;
- reducing prosecution for old offenses;
- preventing excessive criminalization of youth.
This provision aligns with Kazakhstan’s international obligations in the field of juvenile justice and should be applied in conjunction with other rehabilitative and probationary measures.
Attention!
Law and Law Law Law draws your attention to the fact that this document is basic and does not always meet the requirements of a particular situation. Our lawyers are ready to assist you in legal advice, drawing up any legal document suitable for your situation.
For more information, please contact a Lawyer / Attorney by phone: +7 (708) 971-78-58; +7 (700) 978 5755, +7 (700) 978 5085.
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