Categories of Crimes
Article 11 of the Criminal Code of the Republic of Kazakhstan (hereinafter referred to as the CC RK) defines categories of crimes based on their social danger and the sanctions provided by law. This classification is important for:
Sentencing (taking into account the degree of public danger of the crime).
Determining the statute of limitations for criminal prosecution (Article 61 of the CC RK).
Application of amnesty and pardon (Article 75 of the CC RK).
Recidivism of crimes (Article 14 of the CC RK).
1. Classification of Crimes by Severity
Part 1 of Article 11 of the CC RK identifies four categories of crimes:
Minor offenses.
Offenses of medium gravity.
Serious crimes.
Particularly serious crimes.
Each category depends on:
The maximum penalty prescribed for the act.
The form of guilt (intentional or negligent).
2. Minor Offenses
Criteria (Part 2 of Article 11 of the CC RK)
This category includes:
Intentional crimes punishable by no more than 2 years of imprisonment.
Negligent crimes punishable by no more than 5 years of imprisonment.
Examples of Minor Offenses (CC RK)
Article 109 – Infliction of harm to health by negligence.
Article 131 – Insult.
Article 188-1 – Petty theft (if the damage does not exceed 50 MRP).
Judicial Practice
The Supreme Court of the Republic of Kazakhstan has explained that when imposing a sentence for minor offenses, imprisonment should not be applied if other measures can achieve the objectives of criminal punishment.
3. Offenses of Medium Gravity
Criteria (Part 3 of Article 11 of the CC RK)
This category includes:
Intentional crimes punishable by no more than 5 years of imprisonment.
Negligent crimes punishable by more than 5 years of imprisonment.
Examples of Offenses of Medium Gravity (CC RK)
Article 192 – Fraud in a significant amount.
Article 300 – Illegal possession of drugs without intent to sell (in a significant amount).
Article 345 – Violation of traffic rules resulting in death by negligence.
Judicial Practice
In one case, a court found a driver guilty of causing a fatal accident. Since the offense was committed by negligence, it was classified as a medium-gravity offense, and the court imposed a sentence of restriction of freedom instead of actual imprisonment.
4. Serious Crimes
Criteria (Part 4 of Article 11 of the CC RK)
Only intentional crimes.
Maximum penalty of up to 12 years of imprisonment.
Examples of Serious Crimes (CC RK)
Article 106 – Intentional infliction of grievous bodily harm.
Article 192 Part 3 – Fraud in a large amount.
Article 297 – Illegal drug trafficking in a large amount.
Judicial Practice
A court found an individual guilty of illegal drug distribution in a large amount (Article 297 of the CC RK). The crime was classified as serious, which resulted in an extended statute of limitations for criminal prosecution (10 years instead of 5).
5. Particularly Serious Crimes
Criteria (Part 5 of Article 11 of the CC RK)
Only intentional crimes.
Maximum penalty of more than 12 years of imprisonment or life imprisonment.
Examples of Particularly Serious Crimes (CC RK)
Article 99 – Murder.
Article 125 Part 3 – Kidnapping resulting in death.
Article 261 – Organization of a criminal community.
Judicial Practice
The Supreme Court reviewed a case of intentional murder under aggravating circumstances. The court sentenced the perpetrator to life imprisonment as the crime was classified as particularly serious.
6. Importance of Crime Classification
1. Impact on the Statute of Limitations (Article 61 of the CC RK)
Minor offenses – 3 years.
Medium-gravity offenses – 5 years.
Serious crimes – 10 years.
Particularly serious crimes – 15 years (or no statute of limitations).
2. Impact on Crime Recidivism (Article 14 of the CC RK)
Recidivism is possible only for medium-gravity offenses, serious crimes, and particularly serious crimes.
3. Impact on Parole Eligibility (Article 72 of the CC RK)
Stricter conditions apply to serious and particularly serious crimes.
7. Connection with Other Regulatory Acts
Constitution of the Republic of Kazakhstan
Guarantees proportionality of punishment (Article 39).
Law of the Republic of Kazakhstan "On Crime Prevention"
Provides for preventive measures depending on crime severity.
Regulatory Resolutions of the Supreme Court of the Republic of Kazakhstan
Explain the application of penalties based on crime severity.
Conclusion
Article 11 of the CC RK clearly differentiates crimes based on their degree of public danger, which affects sentencing, the statute of limitations, recidivism, and other legal consequences. This classification ensures fair criminal prosecution and an individualized approach to punishment.
Attention!
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