Persons Subject to Criminal Liability

Article 15 of the Criminal Code of the Republic of Kazakhstan (CC RK) defines the circle of persons subject to criminal liability, establishing age and mental criteria, as well as the principle of equality before the law.

1. Age and Sanity as Conditions for Criminal Liability

According to Part 1 of Article 15 of the CC RK, a sane natural person who has reached the age of sixteen at the time of committing a criminal offense is subject to criminal liability. This means that the person must be capable of understanding the nature of their actions and controlling them, as well as having reached the legally established age.

However, Part 2 of Article 15 of the CC RK lowers the minimum age threshold to fourteen years for a number of particularly serious crimes, such as murder (Article 99), intentional infliction of grievous bodily harm (Article 106), rape (Article 120), and others. This is due to the increased public danger posed by such acts.

2. Mental Condition of Juvenile Offenders

Part 3 of Article 15 of the CC RK states that if a minor who has reached the age of criminal responsibility, due to a delay in mental development not associated with a mental disorder, was unable to fully comprehend the factual nature and public danger of their actions or control them, they shall not be subject to criminal liability. This provision is aimed at protecting individuals with intellectual disabilities who are unable to fully understand the consequences of their actions.

3. Principle of Equality Before the Law

Part 4 of Article 15 of the CC RK establishes that persons who have committed criminal offenses are equal before the law regardless of origin, social, official, and property status, gender, race, nationality, language, attitude toward religion, beliefs, membership in public associations, place of residence, or any other circumstances. This principle is also enshrined in the Constitution of the Republic of Kazakhstan and guarantees the fair application of the law to all citizens.

Judicial Practice and Regulatory Resolutions of the Supreme Court of the Republic of Kazakhstan

The Supreme Court of the Republic of Kazakhstan, in its Regulatory Resolution No. 6 dated April 11, 2002, "On Judicial Practice in Cases Involving Criminal Offenses Committed by Minors and Their Involvement in Criminal Offenses and Other Anti-Social Acts," clarifies the specifics of applying the law to juvenile offenders. In particular, it emphasizes the need to consider the mental development of a minor when determining their sanity and ability to understand the nature of their actions.

Additionally, the Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan No. 4 dated June 21, 2001, "On Judicial Practice in the Application of Article 68 of the Criminal Code of the Republic of Kazakhstan," addresses issues of exemption from criminal liability and punishment, which may be applicable to minors if the conditions prescribed by law are met.

Thus, Article 15 of the CC RK establishes clear criteria for holding individuals criminally liable, taking into account age, mental condition, and the principle of equality before the law, as confirmed by relevant judicial practice and clarifications of the Supreme Court of the Republic of Kazakhstan.

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