Types of Punishments Imposed on Juveniles

Legal Commentary on Article 81 of the Criminal Code of the Republic of Kazakhstan“Types of Punishments Imposed on Juveniles”

1. General Characteristics

Article 81 establishes an exhaustive list of types of punishments that may be imposed on persons recognized as juveniles at the time the crime was committed (aged 14 to 18 years, according to Article 80 of the Criminal Code of the Republic of Kazakhstan).

This provision implements a special humanistic approach of criminal law toward adolescents. It also reflects international standards, including the provisions of the Convention on the Rights of the Child and the Beijing Rules (the United Nations Standard Minimum Rules for the Administration of Juvenile Justice).

2. List of Punishments and Analysis by Paragraphs

1) Deprivation of the right to engage in certain activities

• Imposed for a period of one to two years.

• Most often applied to older teenagers already involved in professional activities (for example, a driver, athlete, instructor, etc.).

• Example: a teenager who drove a car and caused a road accident with serious consequences may be prohibited by the court from driving vehicles.

2) Fine

• May be imposed only if the juvenile has independent income or property.

• Amount: from 5 to 100 monthly calculation indices (MCI).

• Specific feature: the court must determine the possibility of enforcement; otherwise this type of punishment cannot be applied.

3) Corrective labor

• Also imposed only if the juvenile has earnings or income.

• Amount: from 5 to 100 MCI.

• Unlike a fine, corrective labor involves monthly deductions from the offender’s income in favor of the state (see the Penal Enforcement Code of the Republic of Kazakhstan).

4) Community service

• A humane measure and one of the most frequently applied punishments.

• Duration: 10 to 75 hours.

• Performed during free time from studies, with the following limits:

  • up to 2 hours per day for persons under 16;

  • up to 3 hours per day for persons aged 16–18.

• In practice, it is widely applied to juveniles who commit non-violent crimes (for example, petty theft, vandalism, hooliganism).

5) Restriction of liberty

• Maximum term: up to 2 years.

• It may also be imposed as a replacement for the remaining part of a prison sentence.

• During restriction of liberty, probation supervision and certain prohibitions are applied (for example, not leaving the place of residence without permission).

6) Imprisonment

• The most severe measure.

• Term:

  • up to 10 years in general;

  • up to 12 years in cases of aggravated murder or terrorism.

• Imprisonment cannot be imposed if:

  • the crime is of minor or medium gravity, and

  • it did not result in death.

• The sentence is served in specialized medium-security institutions for juveniles (see the Penal Enforcement Code of the Republic of Kazakhstan).

3. Limitations and Humanization

Punishments for juveniles are based on the principles of:

• justice,

• expediency,

• the possibility of rehabilitation without isolation from society.

The court must take into account:

• living conditions;

• the level of psychosocial development;

• the possibility of rehabilitation without isolation;

• the impact of punishment on further socialization.

The Constitutional Court of the Republic of Kazakhstan and the Supreme Court of the Republic of Kazakhstan have repeatedly emphasized that punishment for juveniles must have a preventive and educational character rather than a repressive one.

4. International Standards

Convention on the Rights of the Child (Article 37):

• Deprivation of liberty should be used only as a measure of last resort and for the shortest appropriate period of time.

Beijing Rules (UN Standard Minimum Rules for the Administration of Juvenile Justice):

• Preference should be given to alternatives to detention;

• Measures of social rehabilitation rather than repression are recommended.

5. Judicial Practice

According to the Supreme Court of the Republic of Kazakhstan, in summaries of judicial practice for 2021–2023:

• about 70% of juveniles are sentenced to measures not related to imprisonment;

• judges follow the principle of “the least harm” when determining punishment.

Example from practice:

• A teenager who participated in group hooliganism was sentenced to 60 hours of community service, considering the minor harm caused and his positive character references.

6. Related Provisions

Criminal Code of the Republic of Kazakhstan:

• Article 80 – Concept of a juvenile

• Article 82 – Compulsory educational measures

• Articles 83–89 – Specific rules on release from punishment, parole, and others

Penal Enforcement Code of the Republic of Kazakhstan:

• Articles 79–85 – Execution of punishments for juveniles

Code on Marriage (Matrimony) and Family:

• Applied when determining the legal status of parents, guardians, and their obligations regarding the execution of educational measures.

7. Conclusion

Article 81 of the Criminal Code of the Republic of Kazakhstan establishes a special regime of criminal liability for juveniles, where punishments are determined taking into account the offender’s age, the degree of danger of the crime, and the prospects for rehabilitation.

The main emphasis is placed on education rather than repression, which corresponds to international human rights standards and the practice of developed legal systems. 

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