About the amnesty

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About the amnesty

The Law of the Republic of Kazakhstan dated November 2, 2022 No. 152-VII SAM

Guided by the principle of humanism, this Law has been adopted.

Article 1. Persons subject to amnesty

This Law applies to persons who have committed in the territory of the Republic of Kazakhstan from January 4 to January 7, 2022, criminal offenses related to mass riots, or during their suppression, provided for in the following articles of the Criminal Code of the Republic of Kazakhstan dated July 3, 2014:

Article 102 (Murder committed while exceeding the limits of necessary defense);

Article 103 (Murder committed in excess of the measures necessary to detain the person who committed the crime);

Article 104 (Causing death by negligence);

the first and second parts of Article 106 (Intentional infliction of serious harm to health);

Article 107 (Intentional infliction of moderate harm to health);

Article 112 (Causing serious harm to health if exceeding the limits of necessary defense);

Article 113 (Causing serious harm to health during the arrest of a person who has committed a crime);

Article 114 (Reckless injury to health);

Article 115 (Threat);

Article 119 (Abandonment in danger);

Article 131 (Insult);

Article 132 (Involvement of a minor in the commission of criminal offenses);

Article 149 (Violation of the inviolability of the home);

Article 155 (Obstruction of the organization, holding or participation in a peaceful assembly);

Article 157 (Coercion to participate in a strike or refusal to participate in a strike);

Article 187 (Petty theft);

Article 188 (Theft);

Article 191 (Robbery);

Article 196 (Acquisition or sale of property knowingly obtained by criminal means);

Article 200 (Illegal possession of a car or other vehicle without the purpose of theft);

Article 202 (Intentional destruction or damage of other people's property);

Article 204 (Careless destruction or damage of someone else's property);

Article 207 (Disruption of the information system or telecommunications networks);

Article 252 (Abuse of authority by employees of private security services);

Article 269-1 (Illegal entry into a protected object);

the first part of Article 272 (Mass riots), if this act was committed by a minor;

parts two and three of article 272 (Mass riots);

Article 273 (Knowingly false reporting of an act of terrorism);

Article 274 (Dissemination of deliberately false information);

Article 287 (Illegal acquisition, transfer, sale, storage, transportation or carrying of weapons, ammunition, explosives and explosive devices);

Article 288 (Illegal manufacture of weapons);

Article 291 (Theft or extortion of weapons, ammunition, explosives and explosive devices);

Article 293 (Hooliganism);

Article 294 (Vandalism);

Article 345 (Violation of traffic rules or operation of vehicles by persons driving vehicles);

Article 350 (Intentional deterioration of vehicles or communication routes);

Article 371 (Negligence);

Article 378 (Insulting a government official);

Article 379 (Disobedience to a representative of authority);

Article 380 (Use of violence against a government official);

Article 381 (Obstruction of the prosecutor's activities and failure to comply with his legal requirements);

Article 384 (Illegal seizure of documents, theft, destruction, damage or concealment of documents, stamps, seals);

Article 389 (Arbitrariness);

Article 400 (Violation of the procedure for organizing and holding peaceful assemblies);

Article 401 (Leading a prohibited strike, obstructing the work of an organization during wartime or a state of emergency);

Article 402 (Actions provoking continued participation in a strike declared illegal by a court);

Article 414 (Knowingly unlawful detention, detention or detention);

Article 415 (Coercion to testify);

Article 432 (Concealment of a crime);

Article 433 (Concealment of a criminal offense);

Article 434 (Failure to report a crime);

Article 441 (Unauthorized abandonment of a unit or place of service);

Article 453 (Negligent attitude to service).

Article 2. Persons who are not subject to amnesty

This Law does not apply to persons:

1) those who have committed terrorist crimes;

2) those who have committed extremist crimes;

3) those who have committed torture;

4) who have committed crimes against the sexual integrity of minors, with the exception of the case of such a crime committed by a minor in relation to a minor aged from fourteen to eighteen years;

5) those who committed high treason;

6) those who have committed corruption crimes;

7) those who have committed the organization of mass riots, except in the case of the commission of this crime by a minor;

8) the punishment imposed in case of a relapse of crimes or a dangerous relapse of crimes.

Article 3. Conditions, procedure for the application of amnesty and measures for the implementation of this Law

1. Criminal cases on criminal offenses, minor and moderate crimes against persons subject to amnesty, which are under investigation, shall be terminated by the body conducting the criminal proceedings in respect of the criminal offenses specified in Article 1 of this Law, with the release of these persons from criminal liability.

2. Convicted persons subject to amnesty are exempt from punishment (basic and additional) or further serving it for committing criminal offenses, crimes of minor or moderate gravity specified in Article 1 of this Law.

3. For persons subject to amnesty, the basic punishment imposed by a court for committing serious crimes specified in article 1 of this Law shall be reduced by three quarters, and for especially serious crimes – by half.

At the same time, if the convicted person has no more than one year left to serve his sentence on the day of the enactment of this Law, the basic sentence shall be reduced by his entire unserved term.

4. Persons subject to amnesty who have served sentences for minor or moderate crimes specified in article 1 of this Law, or who have been released from further service, shall have their criminal record removed.

5. The bodies conducting criminal proceedings, as well as institutions and bodies executing punishment, in accordance with the procedure established by the legislation of the Republic of Kazakhstan, shall take measures to ensure the implementation of this Law within six months from the date of its entry into force.

6. The Government of the Republic of Kazakhstan and local executive bodies of regions, cities of republican significance and the capital are taking measures to ensure the employment of able-bodied persons released from institutions, to provide them with social and other assistance in accordance with the legislation of the Republic of Kazakhstan, as well as to place people who have no fixed place of residence exempt from punishment under the amnesty in centers for the re-socialization of persons who find themselves in a difficult life situation.

Article 4. Procedure for the enactment of this Law

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

President of the Republic of Kazakhstan

K. TOKAEV

President

Republic of Kazakhstan

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