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Home / RLA / Article 53. Circumstances mitigating criminal liability and punishment The Criminal Code of the Republic of Kazakhstan, the Criminal Code of the Republic of Kazakhstan

Article 53. Circumstances mitigating criminal liability and punishment The Criminal Code of the Republic of Kazakhstan, the Criminal Code of the Republic of Kazakhstan

АMANAT партиясы және Заң және Құқық адвокаттық кеңсесінің серіктестігі аясында елге тегін заң көмегі көрсетілді

Article 53. Circumstances mitigating criminal liability and punishment  The Criminal Code of the Republic of Kazakhstan, the Criminal Code of the Republic of Kazakhstan

 

Circumstances mitigating criminal liability and punishment are recognized as:

     1) committing for the first time a criminal offense or for the first time a crime of minor or moderate gravity due to an accidental combination of circumstances;

     2) the minor of the perpetrator;

     3) pregnancy;

     4) the presence of minor children of the perpetrator;

     5) providing medical or other assistance to the victim immediately after the commission of a criminal offense, regardless of the consequences of such assistance;

     6) voluntary compensation for property damage caused as a result of a criminal offense, making amends for moral and other harm caused by a criminal offense;

     7) the commission of a criminal offense due to a combination of difficult personal, family or other circumstances, or motivated by compassion;

     8) the commission of a criminal offense as a result of physical or mental coercion or by virtue of material, official or other dependence;

     9) committing a criminal offense in violation of the conditions of legality of necessary defense, extreme necessity, detention of the person who committed the offense, reasonable risk, execution of an order or instruction, during the implementation of operational search, counterintelligence measures or secret investigative actions;

     10) illegality or immorality of the victim's behavior, which was the reason for the criminal offense;

     11) sincere repentance, confession, active assistance in uncovering a criminal offense, exposing other accomplices in a criminal offense, and searching for property obtained as a result of a criminal offense.

2 When imposing a punishment, circumstances not provided for in the first part of this article may also be taken into account as mitigating factors.

3 If a mitigating circumstance is provided for by the relevant article of the Special Part of this Code as a sign of a criminal offense, it cannot in itself be taken into account again when imposing punishment.

 

 

 

President    

Republic of Kazakhstan     

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If there is a circumstance mitigating criminal liability and punishment that is not provided for as a sign of a committed crime, and there are no aggravating circumstances, the term and amount of punishment for committing a serious crime may not exceed two thirds of the maximum term or amount of the most severe type of punishment.

If there is a circumstance mitigating criminal liability and punishment that is not provided for as a sign of a committed crime, and there are no aggravating circumstances, th...

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