On amnesty in connection with the celebration of Independence Day of the Republic of Kazakhstan

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The Law of the Republic of Kazakhstan dated January 9, 2006 No. 113.

 In connection with the celebration of Independence Day 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;

 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) disabled people of groups I and II;

 4) women and men who have reached retirement age.

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

Article 3. Release from imprisonment persons listed in Article 1 of this Law who have been convicted of serious crimes if they have served at least

 one third of the prescribed sentence.

Article 4. Release from punishment persons who are not subject to Articles 1, 2, 3 of this Law, sentenced for the first time to imprisonment for serious crimes, if they have served at least half of the prescribed sentence.

Article 5. Release from punishment persons who are not subject to Articles 1, 2, 3, 4 of this Law, sentenced to imprisonment, who have less than one year left to serve their sentences during the period of execution of the amnesty act established by Article 19 of this Law.

Article 6. This Law covers:

 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;

 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, 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 prior to the enactment of this Law, if they turn themselves in to the nearest local military administration bodies, military investigative bodies, military prosecutor's offices or military police no later than six months after the enactment of this Law. The police;

 4) persons sentenced to non-custodial punishments, if this punishment is applied as the main one.

Article 7. 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, 2, 3, 4, 5, 6 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;

 3) convicted of particularly serious crimes, if they have served at least two thirds of the prescribed sentence.

Article 8. To refuse to institute criminal proceedings and to terminate all criminal cases and cases not considered by the courts on crimes committed before the introduction of

 entry into force of this Law, for which a penalty of up to five years in prison or a non-custodial sentence is provided.

Article 9. Establish that:

 1) the persons specified in subparagraph 1) of Article 1 of this Law include 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 day of the enactment of this Law, or children with disabilities of groups I and II, regardless of their age, women who are pregnant on the day of the enactment of this Law;

 3) the persons specified in subparagraph 3) of Article 1 of this Law include persons with disabilities of groups I and II who were recognized as such in accordance with the procedure established by law prior to the entry into force of this Law.;

 4) the persons specified in subparagraph 4) of Article 1 of this Law include women and men who have reached retirement age in accordance with the legislation of the Republic of Kazakhstan before the entry into force of this Law. In the absence of documents confirming the day and month of birth of these persons, women born before January 1, 1947, and men born before January 1, 1942, should be considered as such.

Article 10. 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, as well as to whom life imprisonment has been imposed;

 3) convicted of particularly serious crimes, except for the persons listed in subparagraph 3) of Article 7 of this Law;

 4) having a criminal record for committing particularly serious crimes, except for the persons listed in the sub-paragraphs 1), 2), 3), 4) Article 1 of this Law;

 5) those who have again committed an intentional crime, to whom amnesty or pardon was previously applied, with the exception of persons whose previous criminal record has been expunged or withdrawn in accordance with the procedure established by law.;

 6) recognized as malicious violators of the established procedure for serving a sentence or who committed intentional crimes while serving a sentence on the day of the enactment of this Law in accordance with the legislation of the Republic of Kazakhstan.;

7) 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); sabotage (Article 55); propaganda of war (article 57); violation of national, racial and civil equality depending on their attitude to religion (part three of Article 60); mercenary activities (part two of article 62-2); banditry (article 63); actions that disrupt 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 (part three of Article 76-1); robbery (Article 76-2); fraud (part three of Article 76-3); theft of other people's property by misappropriation or embezzlement or by abuse of official position (part three of Article 76-4); extortion (part three of Article 76-7); intentional destruction or damage of other people's property (Article 82); premeditated murder (Article 88); intentional grievous bodily harm (part two of Article 93); knowingly putting another person at risk of contracting the AIDS disease and contracting the AIDS disease (part two of Article 100-1); rape (parts two, three and four of Article 101); sodomy (part two of Article 104); taking or holding a person hostage (Article 115-1); kidnapping (Article 116); receiving a bribe (parts two and three of 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 lay judges (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 (parts two and three of Article 203); theft of narcotic drugs (parts two and three of Article 213-1); inducement to consume narcotic drugs (part two of Article 213-2); illegal manufacture, acquisition, storage, transportation, transfer or sale of narcotic drugs (parts 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); threatening the boss (paragraph "c" of Article 228); 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); unauthorized abandonment of a unit or place of service (paragraph "d" of Article 233); desertion (paragraphs "b" and "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); intentional destruction or damage to military property (paragraph "c" of Article 238); violation of the rules for handling weapons, as well as substances and objects that pose an increased danger to others (paragraph "b" of Article 238-1); violation of the rules of flight or preparation for them (Article 240); violation of the rules of navigation (Article 241); 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); unauthorized abandonment of the battlefield or refusal to use weapons (Article 250); voluntary surrender (Article 251); looting (Article 253); violence against the population in the area of military operations (Article 254); as well as robbery (parts 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);

 8) 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 two 107 ); coercion to remove human organs or tissues for transplantation or other use (parts two and three of Article 113 ); infection with the human immunodeficiency virus (HIV/AIDS) (part three of Article 116 ); rape (parts two and three of article 120 8) 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 two 107); coercion to remove human organs or tissues for transplantation or other use (parts two and three of Article 113 ); infection with the human immunodeficiency virus (HIV/AIDS) (part three of Article 116 ); rape (parts two and three of article 120 ); violent ent acts of a sexual nature (parts two and three of Article 121); kidnapping (article 125 ); unlawful imprisonment (part three of Article 126 ); recricle 162 );

attack on persons or organizations enjoying international protection (Article 163 ); incitement of social, national, tribal, racial or religious hatred (part three of Article 164 ); high treason (Article 165 ); espionage (Article 166 ); encroachment on the life of the President of the Republic of Kazakhstan (Article 167 ); violent seizure of power or forcible retention of power or the exercise by representatives of a foreign State or a foreign organization of powers within the competence of authorized bodies and officials of the Republic of Kazakhstan ( Article 168 ); armed rebellion ( Article 169 ); sabotage ( article 171 ); evasion of conscription (Part two Article 174 ); theft (part three of Article 175 ); embezzlement or embezzlement of entrusted property (part three of Article 176 ); fraud (part three of Article 177 ); robbery (part three of Article 178 ); robbery (Article 179 ); theft of items of special value ( Article 180 ); extortion (parts two and three of Article 181 ); illegal possession of a car or other vehicle without the purpose of theft (parts three and four of Article 185 ); intentional destruction or damage to other people's property (part three of Article 187); manufacture or sale of counterfeit money or securities (parts two and three of Article 206 ); economic smuggling (part three of Article 209); terrorism (Article 233 ); propaganda of terrorism or public calls to commit an act of terrorism ( Article 233-1); creation of, leadership of a terrorist group and participation in its activities ( Article 233-2 ); financing of extremism or terrorist activities ( Article 233-3 ); hostage - taking ( Article 234 ); creation and leadership of an organized criminal group or a criminal community (criminal organization), participation in a criminal community (Article 235); organization of an illegal paramilitary group (part one of Article 236); banditry (Article 237 ); seizure of buildings, structures, communications and communication facilities (parts two and three of Article 238); hijacking, as well as the seizure of an aircraft or a water vessel or railway rolling stock ( Article 239 ); piracy ( Article 240 ); mass riots (parts one and two articles 241 ); violation of safety rules at nuclear power facilities (part two 244 ); theft or extortion of radioactive materials (part three of Article 248 ); smuggling of items withdrawn from circulation or items whose circulation is restricted (part three of Article 250 ); illegal acquisition, transfer, sale, storage, transportation or carrying of weapons, ammunition, explosives and explosive devices (part three of Article 251 ); illegal manufacture of weapons (parts three and four of Article 252 ); theft or extortion of weapons, ammunition, explosives and explosive devices (parts two, three and four of Article 255); hooliganism (part three of Article 257); illegal manufacture, acquisition, storage, transportation, transfer or sale of narcotic drugs or psychotropic substances (parts two, three and four of Article 259); theft or extortion of narcotic drugs or psychotropic substances (parts two and three of Article 260 ); inducement to consume narcotic drugs or psychotropic substances (parts two and three of Article 261 ); illegal cultivation of plants prohibited for cultivation containing narcotic substances (part two 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 two, three and four of Article 263 ); organization or maintenance of dens for the consumption of narcotic drugs or psychotropic substances (part two Article 264 ); intentional deterioration of vehicles or communication routes (part three of Article 299 ); abuse of official authority (parts three and four of Article 307 ); abuse of power or official authority (parts three and four of Article 308 ); receiving a bribe (parts two, three, four of Article 311 ); use of violence against a government official (part two article 321 ); encroachment on the life of a person administering justice or a preliminary investigation ( article 340 ); threat or violent acts in connection with the administration of justice or the conduct of a preliminary investigation (part four of article 341 ); bringing an obviously innocent person to criminal responsibility (part two article 344 ); knowingly unlawful detention, detention or detention in custody (part three of article 346 ); the imposition of a knowingly unlawful sentence, decision or other judicial act (part two 350 ); knowingly false denunciation (part three of Article 351 ); bribery or coercion to give false testimony or evasion from giving evidence, false imprisonment or incorrect translation (part four of Article 354 ); escape from places of imprisonment, from arrest or from custody (part two article 358 ); malicious disobedience to the 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 three and five 367 ); resisting the boss or forcing him to violate his official duties (parts two and three of Article 368 ); violent acts against the boss (parts two and three of Article 369 ); violation of the statutory rules of relations between military personnel in the absence of subordination relations between them (part three of Article 370 ); unauthorized abandonment of a unit or place of service (parts five and six of Article 372 ); desertion (parts two and three of Article 373 ); violation of the rules of combat duty (parts two and three of Article 375 ); violation of the statutory rules of the guard (watch) service (part two 377 ); abuse of power, excess or omission of power (parts two and three of Article 380 ); Abandonment of a dying warship (part two 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 three of Article 386 ); violation of flight rules or preparation for them ( article 392 ); violation of the rules of navigation ( Article 393 ).

 Subitems 7) and 8) of this Article do not apply to the persons listed in Article 5 of this Law.

Article 11. Availability of documents confirming the status of the persons listed in the sub-paragraphs 1), 2), 3), 4) Article 1 of this Law is mandatory for the application of amnesty in respect of them.

Article 12. To establish that the serving of a part of the sentence provided for in Articles 2, 3, 4, 7 of this Law is calculated on the day of the enactment of this Law.

Article 13. In the case of a combination of crimes, if one of the crimes does not fall within the scope of this Law, amnesty is not applied.

Article 14. Persons subject to amnesty are exempt from both basic and additional punishment, if the latter has not been executed on the day of the enactment of this Law.

Article 15. This Law applies to persons who have an outstanding or outstanding conviction to imprisonment for crimes for which criminal liability has been eliminated by the new criminal law (decriminalization of the corpus delicti).

 From the persons listed in articles 1, 2, 3 According to the present Law, when an amnesty is applied to them, their criminal record is removed simultaneously with their release from punishment. The specified category of persons who have served their sentence or were released from further serving it before the enactment of this Law, shall have their previous convictions for minor and moderate crimes removed.

Article 16. To entrust the execution of this Law to:

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

 2) penal enforcement inspections executing punishments against those serving sentences in the form of deprivation of the right to hold a certain position or engage in certain activities in accordance with Article 41 of the Criminal Code of the Republic of Kazakhstan, community service in accordance with Article 42 of the Criminal Code of the Republic of Kazakhstan, correctional labor in accordance with Article 43 of the Criminal Code of the Republic of Kazakhstan, restrictions on freedom in accordance with article 45 of the Criminal Code of the Republic of Kazakhstan, conditionally convicted persons in accordance with article 63 of the Criminal Code of the Republic of Kazakhstan, as well as in respect of persons whose sentences have been suspended in accordance with article 72 of the Criminal Code of the Republic of Kazakhstan.;

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

 4) commanders of military units in relation to military personnel sentenced to restriction of military service or to detention in disciplinary military units;

 5) courts in relation to:

 persons whose cases and materials on crimes are pending before the courts and have not been reviewed prior to the enactment of this Law, as well as in respect of persons whose crimes have been reviewed but sentences have not entered into legal force.;

serving sentences in the form of community service in accordance with Article 42 of the Criminal Code of the Republic of Kazakhstan, correctional labor in accordance with article 43 of the Criminal Code of the Republic of Kazakhstan, deprivation of the right to hold a certain position or engage in a certain activity in accordance with Article 41 of the Criminal Code of the Republic of Kazakhstan, restriction of freedom in accordance with Article 45 of the Criminal Code of the Republic of Kazakhstan, conditionally convicted in accordance with Article 63 of the Criminal Code of the Republic of Kazakhstan, as well as in relation to persons, the execution of sentences has been postponed in accordance with article 72 of the Criminal Code of the Republic of Kazakhstan. The courts consider the materials at the place of serving the sentence of the convicted person without isolation from society;

 persons to whom a fine has been imposed as the main punishment, if no fine has been collected before the enactment 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 commuted to a more lenient punishment before the enactment of this Law (an amnesty is applied by the court in whose territory the person is registered).

Article 17. 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, the penal enforcement inspectorate or the commander of the disciplinary military unit and the guardhouse:

 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 18. Amnesty shall not be applied if the person against whom the amnesty may be applied objects to it.

Article 19. The bodies listed in Article 16 shall ensure the implementation of this Law within six months from the date of its entry into force.

Article 20. The issue of applying amnesty to persons convicted by the courts of the Republic of Kazakhstan, but serving their sentences outside its borders, is decided by the courts of the Republic of Kazakhstan on the basis of international treaties to which the Republic of Kazakhstan is a party, upon presentation by the competent authority of the State in whose territory the court verdict is being executed.

 Amnesty is applied to persons transferred to the Republic of Kazakhstan from foreign countries with which the Republic of Kazakhstan has not concluded relevant international treaties for further serving of a custodial sentence only with the consent of the competent authorities of the States that transferred such persons.

Article 21. The Government of the Republic of Kazakhstan, akims of regions, cities of Almaty and Astana to 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 transfer them, if necessary, to orphanages, boarding schools or other educational organizations;

 3) ensuring control over the continuation of treatment of tuberculosis patients released from prison.

Article 22. This Law shall enter into force from the date of its official publication.

President

Republic of Kazakhstan

President

Republic of Kazakhstan

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