On amnesty in connection with the tenth anniversary of the adoption of the Declaration on State Sovereignty of the Republic of Kazakhstan

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The Law of the Republic of Kazakhstan dated December 29, 2000 No. 134-II.

 In connection with the tenth anniversary of the adoption of the Declaration on State Sovereignty of the Republic of Kazakhstan, guided by the principles of humanism, this Law has been adopted.

Article 1. Release from punishment those convicted of minor and moderate crimes:

 1) minors, as well as persons who were minors at the time of the commission of the crime;

 2) women with minor children or children with disabilities of groups I and II who are dependent on them, as well as pregnant women;

 3) women over 55 years of age and men over 60 years of age;

 4) participants and invalids of the Great Patriotic War of 1941-1945, as well as persons equated to them;

 5) disabled people of groups I and II.

Article 2. Release from punishment persons who do not fall within the scope of Article 1 of this Law, who were first sentenced to imprisonment for minor and moderate crimes for a term of up to three years inclusive.

Article 3. Release from imprisonment those convicted of minor and moderate crimes that do not fall within the scope of articles 1 and 2 of this Law if they have served at least one third of the prescribed sentence.

Article 4. Release from imprisonment persons listed in Article 1 of this Law who are not subject to articles 1-3 of this Law if they have served at least half of the prescribed sentence.

Article 5. Release from punishment persons who do not fall within the scope of Articles 1-4 of this Law, sentenced for the first time to imprisonment for up to six years inclusive, if they have served at least half of the prescribed sentence.

Article 6. Release from punishment persons sentenced to non-custodial penalties, if this punishment is applied in the form of the main one.

Article 7. Release from punishment military personnel who have committed military crimes, as well as those liable for military service who have evaded conscription.

Article 8. To reduce by half the unserved part of the punishment for persons sentenced to imprisonment who are not subject to release from punishment on the basis of Articles 1-7 of this Law.:

 1) convicted of minor and moderate crimes;

 2) convicted of serious crimes, if they have served at least half of the prescribed sentence.

Article 9. To terminate all criminal cases and cases not considered by the courts on crimes committed before the entry into force of this Law by persons listed in Articles 1 and 7 of this Law, as well as in respect of persons held criminally liable for crimes for which a penalty of up to five years in prison or punishment is provided, not related to imprisonment.

Article 10. Establish that:

 1) the persons specified in subparagraph 1) of Article 1 of this Law include minors, that is, persons who at the time of the commission of the crime had not reached the age of eighteen;

 2) the persons specified in subparagraph 2) of Article 1 of this Law include women who are not deprived of parental rights and have children, including adopted or taken into custody, who have not reached the age of eighteen on the date of entry into force of this Law, or children with disabilities of groups I and II, regardless of their age, women who are pregnant on the date of entry into force of this Law;

 3) the persons specified in subparagraph 3) of Article 1 of this Law include women who are 55 years old and older, and men who are 60 years old and older, before the entry into force of this Law. At the same time, in the absence of documents confirming the day and month of birth of these persons, women born before January 1, 1945, and men born before January 1, 1940 should be considered as such.;

 4) the persons specified in subparagraph 4) of Article 1 of this Law include participants and invalids of the Great Patriotic War and persons equated to them.:

 military personnel who served in military units, headquarters and institutions that were part of the active army during the Great Patriotic War, as well as during other combat operations to protect the former USSR, partisans and underground fighters of the Great Patriotic War;

 military personnel and freelancers of units and formations of the Armed Forces of the former USSR who took part in the fighting against Japan in 1945;

 military personnel, as well as persons commanding and enlisted personnel of the internal affairs and state security bodies of the former USSR who served in cities during the Great Patriotic War, whose participation in the defense is counted in the length of service for awarding pensions on preferential terms established for military units of the active army.;

 persons of the civilian staff of the Soviet Army, Navy, troops and internal affairs bodies, state security of the former USSR who held staff positions in military units, headquarters and institutions that were part of the active army during the Great Patriotic War or who were in cities during the corresponding periods, whose participation in the defense is counted in the length of service for the appointment of pensions on preferential terms established for military units of the active army;

 persons who, during the Great Patriotic War, were part of military units, headquarters, and institutions that were part of the active army and Navy as sons (pupils) of regiments and jungs;

 persons who took part in military operations against Nazi Germany and its allies during World War II on the territory of foreign countries as part of partisan detachments, underground groups and other anti-fascist formations;

 military personnel of the Soviet Army, Navy, State Security Committee, ordinary and commanding officers of the Ministry of Internal Affairs of the former USSR (including military specialists and advisers) who, in accordance with the decision of the state bodies of the former USSR, took part in hostilities on the territory of other states;

 military conscripts who were called up for training camps and sent to Afghanistan during the period of hostilities;

 military personnel of automobile battalions sent to Afghanistan to deliver goods to this country during the period of hostilities;

 military flight personnel who flew combat missions to Afghanistan from the territory of the former Soviet Union;

 workers and employees who served the Soviet military contingent in Afghanistan, who were injured, concussed and maimed, or awarded orders and medals of the former USSR for their participation in providing combat operations;

 Heroes of the Soviet Union and persons awarded Orders of Glory of three degrees, Heroes of Socialist Labor;

 employees of the special formations of the People's Commissariat of Railways, the floating personnel of fishing and transport vessels and the flight crew of fishing and transport vessels, the flight crew of aviation, the People's Commissariat of the Fishing Industry, the Marine and River Fleet of the former USSR, the flight crew of Glavsevmorput aviation, transferred during the Great Patriotic War to the position of military personnel and performed tasks in the interests of the active army and navy within the rear borders of the active fronts, operational areas of the fleets, as well as crew members of the transport fleet ships interned at the beginning of the Great Patriotic War in ports of other states.;

 former underage prisoners of concentration camps, ghettos and other places of forced detention created by the Nazis during the Second World War;

 citizens who worked during the siege in Leningrad at enterprises, institutions and organizations of the city and were awarded the medal "For the Defense of Leningrad", as well as persons awarded the badge "Resident of besieged Leningrad";

 persons awarded orders and medals of the former USSR for selfless work and impeccable military service in the rear during the Great Patriotic War;

 workers and employees who went to work in Afghanistan between December 1, 1979 and December 1989 and in other countries where military operations were conducted;

 workers and employees of the State Security Committee of the former USSR who were temporarily stationed in Afghanistan and were not part of the limited contingent of Soviet troops;

 citizens who suffered and became disabled as a result of the Chernobyl disaster and the explosions at the Semipalatinsk nuclear test site;

 military personnel of the active army, partisans and underground fighters of the Great Patriotic War, as well as workers and employees of the relevant categories who became disabled as a result of wounds, contusions, mutilation or disease received during the Great Patriotic War at the front, in the area of military operations, on frontline sections of railways, on the construction of defensive lines, naval bases, etc. airfields, and equated in terms of pension provision to military personnel;

 military personnel and freelancers of the Armed Forces of the former USSR who became disabled as a result of injury, contusion, injury or illness sustained during the war with Japan in 1945;

military personnel who became disabled as a result of wounds, contusions, or injuries sustained in the defense of the former Soviet Union, while performing other military service duties during other periods, or as a result of illness associated with being at the front, as well as during military service in Afghanistan or other States in which military operations were conducted;

 persons commanding and enlisted personnel of the internal affairs and state security bodies of the former USSR who became disabled as a result of injury, contusion, injury sustained in the performance of official duties or as a result of illness associated with being at the front or performing official duties in the States where military operations were conducted;

 workers and employees of the relevant categories who served active military contingents in other countries and became disabled as a result of injury, contusion, injury or illness sustained during the period of hostilities;

 5) the persons specified in subparagraph 5) of Article 1 of this Law include persons with disabilities of groups I and II who were recognized as such in accordance with the established procedure before the entry into force of this Law.

Article 11. The following are subject to this Law::

 1) convicted persons who have been sentenced by a court to imprisonment with the application of Article 63 of the Criminal Code of the Republic of Kazakhstan (Article 40 of the Criminal Code of the Kazakh SSR);

 2) pregnant women and women with young children sentenced to imprisonment who, in accordance with article 72 of the Criminal Code of the Republic of Kazakhstan (Article 41-1 of the Criminal Code of the Kazakh SSR), have had their court sentence suspended.;

 3) persons liable for military service who have evaded conscription and military personnel who have committed crimes of minor or moderate gravity before the entry into force of this Law, if they turn themselves in to the nearest military commissariats, military investigative bodies, military prosecutor's offices or military police no later than six months after the entry into force of this Law.

Article 12. This Law does not apply to persons:

 1) recognized by a court verdict as particularly dangerous repeat offenders, as well as those who have committed a relapse of crimes recognized as dangerous or especially dangerous;

 2) convicted persons to whom the death penalty has been commuted by way of pardon to imprisonment;

 3) those who have two or more convictions for serious and especially serious crimes, as well as for persons who have previously been granted amnesties or pardons and who have again committed an intentional crime;

 4) who committed malicious violations of the established procedure for serving their sentence or committed intentional crimes while serving their sentence;

 5) convicted of the following crimes provided for in the Criminal Code of the Kazakh SSR: treason (Article 50); espionage (Article 51); terrorist act (Article 52); terrorist act against a representative of a foreign state (Article 53); sabotage (Article 54); propaganda of war (Article 57); violation of national racial equality (part 3 of article 60); mercenary activities (part two of article 62-2); banditry (article 63); acts disrupting the work of correctional labor institutions (article 63-1); organization or leadership of a criminal group or criminal community, participation in a criminal community (part two of Article 63-2); smuggling (parts two, three and four of Article 64); riots (Article 65); hijacking or seizure of railway rolling stock, aircraft, sea or river vessel (parts two and three of Article 72-1); manufacture or sale of counterfeit money or securities (part two of Article 73); theft (part three of Article 76); robbery (parts two and three of Article 76-1); robbery (Article 76-2); fraud (part three of Article 76-3); theft of other people's property by embezzlement or embezzlement, or by abuse of official position (part three of Articles 76-4); extortion (parts two and three of Articles 76-7); intentional destruction or damage to other people's property (Article 82); premeditated murder (Article 88); intentional grievous bodily harm (Article 93); knowingly supplying another persons at risk of contracting AIDS and contracting AIDS (part two of Articles 100-1); rape (Article 101); sodomy (part two of Article 104); taking or holding a person hostage (Article 115-1); kidnapping (Article 116); abuse of power or official authority (part two of Article 144); receiving a bribe (Article 146); encroachment on the life of an employee of the internal affairs bodies, a national vigilante, a person conducting an inquiry, an investigator, a prosecutor, a judge or people's assessors (Article 173-1); bribery or coercion of a witness, victim, expert or interpreter to give false testimony (part three of Article 187-1); making a knowingly unlawful sentence, decision, ruling or resolution (part two of Article 191); threatening a person conducting an inquiry, investigator, prosecutor, judge or people's assessor (Article 191-2); malicious disobedience to the requirements of the administration of a correctional labor institution (part two of Article 199-2); hooliganism (part two of Article 200); theft of firearms, ammunition or explosives (Article 203); theft of narcotic drugs (parts two and three of Article 213-1); inducement to use narcotic drugs (part two of Article 213-2); illegal manufacture, acquisition, storage, transportation, transfer or sale of narcotic drugs (parts two, three, four and five of Article 214); maintenance of brothels and pandering (part five of Article 215-1); theft of vehicles (parts two and three of Article 221); disobedience (paragraph "c" of Article 225); failure to comply with an order (paragraph "c" of Article 226); resisting the boss or forcing him to violate official duties (paragraphs "b" and "c" of Article 227); violent acts against a superior (paragraph "b" of Article 229); violation of the statutory rules of relations between military personnel in the absence of subordination relations between them (paragraph "c" of article 231); desertion (paragraph "d" of article 234); unauthorized abandonment of a unit in a combat situation (article 235); evasion from military service by self-mutilation or otherwise (paragraph "b" of Article 236); violation of the statutory rules of guard duty (paragraph "e" of Article 242); violation of the rules of combat duty (paragraphs "c" and "d" of Article 244); disclosure of military secrets or loss of documents containing military secrets (paragraph "c" of Article 246); abuse of power, excess or omission of power (paragraphs "b" and "c" of Article 247); surrender or abandonment of means of warfare to the enemy (Article 248); abandonment of a sinking warship (Article 249); voluntary surrender (article 251); looting (article 253); violence against the population in the area of military operations (Article 254); as well as robbery (parts two, three and four of Article 133), robbery (Article 134), extortion (parts two and three of Article 135), intentional destruction or damage to property (part two of Article 141) of the Criminal Code of the Kazakh SSR as amended before May 12, 1995;

6) convicted and held criminally liable for the following crimes provided for in the Criminal Code of the Republic of Kazakhstan: murder (Article 96); intentional infliction of serious harm to health (Article 103); torture (part 2 of Article 107); coercion to remove human organs or tissues for transplantation or other use (parts 2 and 3 113); infection with the human immunodeficiency virus (HIV-AIDS) (part 3 of Article 116); rape (article 120); sexual violence (parts 2 and 3 of Article 121); kidnapping (article 125); unlawful imprisonment (part 3 of Article 126); recruitment of people for exploitation (part 3 of Article 128); involvement of a minor in criminal activities (parts 3 and 4 of Article 131); trafficking in minors (Article 133); planning, preparation, launching or waging aggressive war (Article 156); production or distribution of weapons mass destruction (Article 158); use of prohibited means and methods of warfare (Article 159); genocide (article 160); ecocide (article 161); mercenary activity (article 162); attack on persons or organizations enjoying international protection (Article 163); high treason (article 165); espionage (article 166); encroachment on the life of a State or public figure (article 167); violent seizure of power or forcible retention of power (article 168); armed rebellion (article 169); sabotage (article 171); theft (part 3 of Article 175); embezzlement or embezzlement of entrusted property (part 3 of Article 176); fraud (part 3 of Article 177); robbery (parts 2 and 3 of Article 178); robbery (Article 179); theft of items of special value (Article 180); extortion (parts 2 and 3 of Article 181); illegal possession of a car or other vehicle without the purpose of theft (parts 2, 3 and 4 of Article 185); intentional destruction or damage to other people's property (part 3 of Article 187); manufacture or sale of counterfeit money or securities (parts 2 and 3 of Article 206); economic smuggling (part 3 of Article 209); terrorism (Article 233); hostage-taking (Article 234); creation and leadership of an organized criminal group or criminal community (criminal organization), participation in a criminal community (Article 235); organization of an illegal paramilitary group (part 1 of Article 236); banditry (Article 237); seizure of buildings, structures, communications and communication facilities (parts 2 and 3 of Article 238); hijacking, as well as the seizure of aircraft or watercraft or railway rolling stock (Article 239); piracy (Article 240); riots (parts 1 and 2 of Article 241); theft or extortion of radioactive materials (parts 2 and 3 of Article 248); smuggling of items withdrawn from circulation or items whose circulation is restricted (parts 2 and 3 of Article 250); illegal acquisition, transfer, sale, storage, transportation or carrying of weapons, ammunition, explosives and explosive devices (parts 2 and 3 of Article 251); illegal manufacture of weapons (parts 2, 3 of Article 252); theft or extortion of weapons, ammunition, explosives and explosive devices (Article 255); hooliganism (part 3 of Article 257); illegal manufacture, acquisition, storage, transportation, transfer or sale of narcotic drugs or psychotropic substances (parts 2, 3 and 4 of Article 259); theft or extortion of narcotic drugs or psychotropic substances (Article 260); inducement to consume narcotic drugs or psychotropic substances (parts 2 and 3 of Article 261); illegal cultivation prohibited for cultivation of plants containing narcotic substances (part 2 of Article 262); illegal trafficking of toxic substances, as well as substances, tools or equipment used for the manufacture or processing of narcotic drugs, psychotropic or poisonous substances (parts 2, 3 and 4 of Article 263); organization or maintenance of dens for the consumption of narcotic drugs or psychotropic substances (part 2 of Article 264); abuse of official authority (Part 3 article 307); abuse of power or official authority (part 3 of Article 308); receiving a bribe (Article 311); use of violence against a government official (part 2 of Article 321); encroachment on the life of a person administering justice or preliminary investigation (Article 340); threat or violent acts in connection with the administration of justice or the conduct of a preliminary investigation (part 4 of Article 341); bringing an obviously innocent person to criminal responsibility (part 2 of Article 344); knowingly unlawful detention, detention or detention (part 3 of Article 346); coercion to give evidence (part 2 of Article 347); the imposition of a knowingly unlawful sentence, decision or other judicial act (part 2 of Article 350); knowingly false denunciation (part 3 of Article 351); bribery or coercion to give false testimony or evade giving evidence, to false imprisonment or to incorrect translation (part 4 of Article 354); escape from places of imprisonment, from arrest or from custody (part 2 of Article 358); malicious disobedience requirements of the administration of a penal institution (Article 360); disorganization of the normal activities of institutions providing isolation from society (Article 361); disobedience or other non-fulfillment of an order (parts 3 and 5 of Article 367); resisting a superior or forcing him to violate his official duties (parts 2 and 3 of Article 368); violent acts against a superior (parts 2 and 3 of Article 369); violation of the statutory rules of relations between military personnel in the absence of subordination relations between them (part 3 of Article 370); unauthorized abandonment of a unit or place of service (parts 5 and 6 of Article 372); desertion (parts 2 and 3 of Article 373); evasion from military service by self-mutilation or otherwise (parts 2 and 3 of Article 374); violation of the rules of combat duty (parts 2 and 3 of Article 375); violation of the statutory rules of guard duty (part 2 of Article 377); abuse of power, excess or omission of power (parts 2 and 3 of Article 380); abandonment of a sinking warship (part 2 of Article 382); surrender or abandonment of means of warfare to the enemy (Article 383); voluntary surrender (article 384); looting (Article 385); disclosure of classified military information or loss of documents containing classified military information (part 3 of Article 386).

Article 13. The basis for applying amnesty to the persons listed in subitems 2), 4) and 5) of Article 10 of this Law are documents confirming the right of these persons to benefits.

Article 14. To establish that the serving of a part of the sentence provided for in Articles 3-5, 8 of this Law is calculated on the date of entry into force of the amnesty act.

Article 15. In the case of a combination of crimes, if one of them does not fall within the scope of this Law, amnesty is not applied.

Article 16. Persons subject to amnesty are exempt from both basic and additional punishment, if the latter has not been executed on the date of entry into force of this Law.

Article 17. In accordance with article 8 of this Law, the part of the sentence that has not been served as of the date of entry into force of this Law is subject to reduction.

Article 18. When applying the amnesty act, criminal records that have been removed or expunged in accordance with the procedure established by law, as well as criminal records for crimes for which responsibility is excluded by law, are not taken into account.

Article 19. This Law applies to persons who committed crimes before its entry into force, convicted by courts of the Republic of Kazakhstan (Kazakh SSR), as well as military tribunals of the former USSR for crimes committed on the territory of the Kazakh SSR.

Article 20. To entrust the execution of this Law to:

 1) bodies executing punishments in relation to convicted persons in places of deprivation of liberty;

 2) bodies of inquiry and preliminary investigation in respect of persons whose cases and materials on crimes are under the jurisdiction of these bodies;

 3) courts in relation to:

 persons whose cases and materials on crimes are in court proceedings and have not been considered before the entry into force of this Law, as well as in respect of persons whose cases on crimes have been considered but sentences have not entered into legal force.;

 conditionally convicted persons in accordance with Article 63 of the Criminal Code of the Republic of Kazakhstan (Article 40 of the Criminal Code of the Kazakh SSR) and in respect of persons whose sentences have been suspended in accordance with Article 72 of the Criminal Code of the Republic of Kazakhstan (Article 41-1 of the Criminal Code of the Kazakh SSR) (amnesty is applied by the court that passed the sentence);

 persons to whom a fine has been imposed as the main punishment, if no fine has been collected before the entry into force of this Law (an amnesty is applied by the court that passed the sentence);

 persons released from punishment on parole and persons to whom the unserved part of the punishment was replaced by a more lenient punishment before the entry into force of this Law (an amnesty is applied by a court that has issued a decision on parole or commutation of the unserved part of the sentence with a more lenient punishment);

 4) internal affairs bodies in relation to persons:

 persons sentenced to imprisonment, but not in custody, whose sentences have entered into legal force;

 serving sentences in the form of correctional labor, deprivation of the right to hold certain positions or engage in certain activities;

 5) commanders of disciplinary military units in relation to military personnel sentenced to detention in disciplinary military units.

In case of non-fulfillment or improper fulfillment of this Law, the relevant officials of the bodies listed in this article shall bear the responsibility established by the legislative acts of the Republic of Kazakhstan.

Article 21. This Law is applied on the basis of a resolution of an authorized body (official) authorized by the prosecutor, as well as on the basis of a court order.

 The participation of the prosecutor is mandatory in the application of this Law by the courts.

 The following documents are attached to the decision of the head of the correctional institution or the commander of the disciplinary military unit:

 1) certificate of rewards and penalties;

 2) the convict's personal file;

 3) other documents necessary to resolve the issue of applying the amnesty.

 The serving of a sentence is terminated from the date of the prosecutor's approval of the decision of the authorized body (official) or from the date of entry into force of the court's decision on the application of the amnesty act.

Article 22. Amnesty is not applied if the accused or the defendant objects to it.

Article 23. The bodies listed in article 20 shall ensure the implementation of this Law within six months from the date of its entry into force.

 In cases where the issue of applying an amnesty arises after the expiration of a six-month period from the date of entry into force of this Law, it shall be executed in accordance with the procedure provided for in articles 20 and 24 of this Law.

Article 24. The issue of applying amnesty to persons convicted by the courts of the Republic of Kazakhstan, but serving sentences outside its borders, is decided by the courts of the Republic of Kazakhstan on the basis of international treaties ratified by the Republic of Kazakhstan, on the recommendation of the competent authority of the State in whose territory the court verdict is being executed.

Article 25. The Government of the Republic of Kazakhstan, the akims of the regions, the cities of Astana and Almaty should take measures to:

 1) placement in special boarding schools for the disabled and elderly who have been released from punishment under an amnesty and have no relatives or relatives;

2) transfer of released minors under the supervision of parents, guardianship and guardianship authorities or, if necessary, their referral to orphanages, boarding schools or other educational institutions; 3) ensuring control over the continuation of treatment of tuberculosis patients released from prison. Article 26. This Law shall enter into force from the date of publication. President of the Republic of Kazakhstan (Specialists: Umbetova A.M., Sklyarova I.V.)

President

Republic of Kazakhstan

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