Forced payments to the Victims Compensation Fund

Compulsory payment in the criminal law of the Republic of Kazakhstan is the obligation of a person who has committed a criminal offense to pay a fixed amount of money, which is collected on the basis of a court verdict. These funds are transferred to the Victims Compensation Fund in accordance with the legislation on the Victims Compensation Fund.

Key characteristics of a forced payment:

1. Legal nature: A compulsory payment is a financial obligation imposed on a guilty person as one of the measures of punishment or additional punishment in the framework of a criminal case.

2. The basis for the imposition: A compulsory payment is imposed on the basis of a court decision issued during the consideration of a criminal case, by the verdict of which the person is found guilty of committing a criminal offense.

3. Fixed amount: The amount of payment is fixed, which means that it is pre-determined in the legislation and does not depend on the specifics of the case or the amount of damage caused to the victim.

4. Purpose: The main purpose of compulsory payment is to compensate victims of crime through the state mechanism. This money goes to the Victims Compensation Fund, which provides compensation for those who have suffered from crimes.

Paragraph 26-1 of Article 3 of the Criminal Code of the Republic of Kazakhstan introduces the concept of "compulsory payment", which is the obligation of a person who has committed a criminal offense to pay a fixed amount of money. This payment is collected by a court verdict and sent to the Victims Compensation Fund in accordance with the legislation of the Republic of Kazakhstan.

Comments and explanations:

1. Forced payment

  Forced payment is a form of financial penalty that is introduced as a measure of compensation to victims for damage caused by a crime. This payment is imposed on a person found guilty of committing a criminal offense, regardless of whether there is a civil claim. The payment is fixed, which means that the amount is set in accordance with legal norms and does not depend on the severity or specific circumstances of the crime.

2. Legislation on the Victims Compensation Fund

  The compulsory payment is charged in accordance with the legislation on the "Victims Compensation Fund", which was established to ensure the rights of victims to receive financial compensation in the event of harm caused to them as a result of a crime. The legislative framework for this fund is regulated by special acts:

  - The Law of the Republic of Kazakhstan "On the Victims Compensation Fund" — this law establishes the mechanism for the creation and functioning of the fund, the procedure for contributions to it, as well as the categories of victims who can claim compensation.

  - Article 98-1. Compulsory payment of the Criminal Procedure Code of the Republic of Kazakhstan

 - Article 98-2. The amount of compulsory payment of the Criminal Procedure Code of the Republic of Kazakhstan

The articles describe the procedure for collecting a compulsory payment from a convicted person.

3. Purpose of the compulsory payment

  Forced payment performs two key functions:

  - Compensation — providing financial support to victims affected by criminal acts, if other compensation measures cannot be effectively used.

  - Punitive — an additional measure of punishment for a person who has committed a crime, in the form of financial penalties.

 4. Judicial practice and decisions of the Supreme Court

  Judicial practice confirms that the appointment of a compulsory payment is possible in cases where victims cannot receive compensation for damage in any other way. The Supreme Court of the Republic of Kazakhstan clarifies the application of these norms:

  - Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan dated December 25, 2006 No. 9. On the application by the courts of the Republic of Kazakhstan of legislation on court costs in civil cases

— explains the procedure for applying the rules on forced payments and their recovery in the framework of the judicial process. This ruling also defines the role of the court in determining the amount of the compulsory payment and the procedure for its recovery.

The Law of the Republic of Kazakhstan on Payments and Payment Systems

5. Connection with other laws

  The compulsory payment is also related to the provisions:

  - The Civil Code of the Republic of Kazakhstan (especially with regard to property liability for damage caused).

  - Code of Administrative Offences — in case of additional fines for administrative offences related to criminal offences.

Conclusion:

Forced payment is an important form of financial responsibility aimed at providing compensation to victims of crimes. It operates within the framework of a legislative system that supports the rights of victims, and is enforced in strict accordance with the law and court verdicts.

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