Establishment of Special Requirements for the Conduct of a Person Who Has Committed a Criminal Offense

📘 GENERAL CHARACTERISTICS

Article 98-3 of the Criminal Code of the Republic of Kazakhstan introduces a special criminal-legal measure aimed at controlling the offender's behavior without imprisonment and without imposing a criminal sentence. It serves as:

• an alternative to punishment;
• a restrictive protective measure for the victim (including in cases of domestic and family violence);
• a tool for resocialization and prevention.

🔹 This measure may be applied:

• when imposing a sentence;
• when releasing from criminal liability;
• when terminating a case due to reconciliation between the parties.

📑 ARTICLE-BY-ARTICLE ANALYSIS

🔹 Part 1. Establishing special requirements by the court

“…at the court’s initiative or at the request of the parties…”

🔸 The court may impose obligations on the offender to comply with certain restrictions, even if they are released from criminal liability or punishment.

📌 Possible restrictions include:

• prohibition of contact with the victim;
• prohibition on carrying weapons;
• prohibition on alcohol or drug use;
• obligation to undergo psychological counseling.

📎 Purpose — to protect the victim, prevent recidivism, and restore social justice.

🔹 Part 2. Eviction from shared housing

“...in exceptional cases… prohibition on living in the same dwelling as the victim…”

📌 This measure applies:

• in violent crimes (including domestic violence);
• for up to 30 days;
• may apply to jointly owned property.

🔹 Example: A person commits battery (Art. 108-1) against a spouse. Upon the victim’s request and psychologist’s conclusion, the court may issue an order temporarily prohibiting cohabitation.

🔹 Parts 3–4. Obligation to appear at the police

“…for preventive conversations from one to four times a month…”

📌 This measure:

• is an element of administrative supervision;
• is allowed even after case dismissal due to reconciliation, if the offense was violent.

📎 Internal affairs bodies are obligated to:

• register such individuals;
• conduct preventive conversations;
• assess the risk of re-offending.

🔹 Part 5. Procedure under the Code of Criminal Procedure (CCP)

“…in accordance with Article 165 of the CCP of the RK…”

📌 According to Article 165 of the CCP, when dismissing a case due to reconciliation, the court may:

• issue an order imposing restrictions;
• specify the duration, content, and enforcement methods.

📎 Mandatory:

• victim’s consent;
• consideration of the nature of the act and the offender's personality.

⚖️ PRACTICAL CASE

Case No. 1-544/2024, KostanayA citizen was found guilty of making death threats (Art. 115 of the CC) but was released from liability due to reconciliation.The court imposed special requirements:

• no approach to the victim;
• alcohol prohibition;
• obligation to appear at the police station twice a month.

Violation of the restrictions was recorded — the court revoked the dismissal and imposed punishment.

📚 RELATED PROVISIONS

🔸 Criminal Code (CC) of the RK:

• Art. 15 — classification of offenses;
• Arts. 98-1 to 98-2 — compensation measures;
• Arts. 108-1, 109-1 — domestic and family violence;
• Art. 44 — probation supervision (analogous mechanism).

🔸 Criminal Procedure Code (CPC) of the RK:

• Art. 165 — dismissal of the case due to reconciliation;
• Art. 387-1 — application of additional restrictions;
• Art. 385 — court rulings on dismissal and consequences.

🌍 INTERNATIONAL STANDARDS

Measures similar to Art. 98-3 of the CC of the RK are widely used in countries with developed legal systems:

📌 In these jurisdictions, such measures are flexible, individualized, and subject to judicial control.

✅ CONCLUSION

Article 98-3 of the CC RK is:

• a tool for personalized legal influence;
• an important institution for victim protection, especially in the context of domestic violence;
• a means of prevention and resocialization, not involving isolation.

It ensures a balance between:

• humanizing criminal policy,
• protecting victims’ rights, and
• effectively monitoring offenders' behavior.

Let me know if you’d like a formatted version as a Word or PDF document.

Attention!   

       Law and Law Law Law draws your attention to the fact that this document is basic and does not always meet the requirements of a particular situation. Our lawyers are ready to assist you in legal advice, drawing up any legal document suitable for your situation.  

 For more information,  please contact a Lawyer / Attorney by phone: +7 (708) 971-78-58; +7 (700) 978 5755, +7 (700) 978 5085. 

Attorney at Law Almaty Lawyer Legal Services Legal Advice Civil Criminal Administrative Cases Disputes Protection Arbitration Law Firm Kazakhstan Law Office  Court Cases