Imposition of Punishment for an Incomplete Crime

🔷 General Overview

Article 56 of the Criminal Code of the Republic of Kazakhstan (CC RK) regulates the specifics of imposing punishment for an incomplete crime, that is, for preparation for a crime and attempt to commit a crime. These provisions are aimed at individualizing criminal liability and implementing the principle of justice, since the degree of public danger of an incomplete act is generally lower than that of a completed crime.

🟦 Legal Nature of an Incomplete Crime

In accordance with Article 24 of the CC RK, two forms of an incomplete crime are distinguished:

1. Preparation for a crime — creating conditions for committing a crime (the criminal encroachment has not yet begun).
2. Attempt to commit a crime — actions directly aimed at committing a crime, which were not brought to completion due to circumstances beyond the control of the person.

🟩 Commentary on the Clauses of Article 56 of the CC RK

🔹 Clause 1 — Taking into Account the Reasons Why the Crime Was Not Completed

The court is obliged to take into account:

· the nature and degree of implementation of criminal intent;· the stage at which the actions were terminated;· the voluntariness of refusal (if present — see Article 25 of the CC RK);· the reasons why the crime was not completed (intervention of third parties, technical impossibility, etc.).

📌 Example: if a person voluntarily refuses to commit a crime, they may be fully exempt from criminal liability, provided that the refusal is voluntary and final.

🔹 Clause 2 — Preparation: Maximum of One Half of the Maximum Punishment

· The term or amount of punishment must not exceed one half of the maximum punishment provided for a completed crime.· This provision establishes a formal limit for mitigation in the absence of exceptional circumstances.

📌 Example: if up to 10 years of imprisonment is provided for a completed crime, then for preparation — no more than 5 years.

🔹 Clause 3 — Attempt: Maximum of Three Quarters of the Maximum Punishment

· The term or amount of punishment may not exceed three quarters of the maximum punishment provided for a completed crime.

📌 Example: if the maximum punishment for a completed crime is 12 years, then for an attempt — no more than 9 years.

🔹 Clause 4 — Exception: Life Imprisonment

· Life imprisonment may not be imposed for preparation for a crime or attempt to commit a crime.· This corresponds to international standards and the principle of proportionality of punishment.

⚖️ Relevant Judicial Practice

🔹 Example from case law: In a case concerning an attempt to commit murder (Articles 24 and 99 of the CC RK), the trial court sentenced the accused to 9 years of imprisonment. The Supreme Court reduced the sentence to 7 years, noting that the crime was not completed and that the punishment may not exceed three quarters of 10 years (the maximum under Part 1 of Article 99 of the CC RK).

📚 Related Articles of the CC RK

· Article 24 — Concept of preparation for and attempt to commit a crime;· Article 25 — Voluntary refusal to commit a crime;· Article 55 — Imposition of a more lenient punishment;· Article 52 — General principles of sentencing.

🌍 International Standards

🔹 International Covenant on Civil and Political Rights (ICCPR):· Part 2 of Article 15 establishes the requirement of foreseeability and fairness of punishment.

🔹 UN Human Rights Committee Standards:· Punishment must be proportionate to the actual act committed and the degree of its completion.

🔹 ECtHR Case Law:· The Court emphasizes the importance of taking into account the actual danger of the act, not only its legal classification.

🟨 Conclusion

Article 56 of the CC RK is aimed at humanizing criminal policy, preventing excessive repression in cases of incomplete crimes while maintaining criminal liability. It:

· ensures flexibility in sentencing;· complies with international human rights standards;· requires a balanced and well-reasoned approach by the court in each specific case.

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