Release from Punishment and Postponement of Serving a Sentence Due to Severe Circumstances

🔷 1. General Characteristics of Article 76

This provision constitutes an exception to the general procedure for the execution of sentences and is aimed at:

· implementing the principle of humanism (Article 3 of the Criminal Code of the Republic of Kazakhstan);· protecting the family and social interests of the convicted person and their relatives;· minimizing the consequences of natural and social disasters.

The nature of the norm is discretionary: the decision is made by the court taking into account the gravity of the crime, the personality of the convicted person, and the nature of the circumstances that have arisen.

🔷 2. Release from Punishment (Part 1)

✅ Conditions:

1. Category of the crime:

   • criminal misdemeanor;

   • minor or medium-gravity crime.

2. Circumstances that have caused severe consequences for the convict’s family:

   • fire, natural disaster (flood, earthquake, etc.);

   • serious illness or death of the sole breadwinner of the family;

   • other extraordinary circumstances (e.g., military actions, evacuation, epidemics, etc.).

📌 The court takes into account:

· the damage caused to the family;· the convict’s ability to provide assistance;· the presence of sincere remorse and positive character references.

🔷 3. Postponement of Serving a Sentence (Part 2)

✅ Conditions:

1. The person has been sentenced to imprisonment for a serious or especially serious crime.

2. Does not apply to persons convicted of:

   • terrorist crimes;

   • extremist crimes;

   • crimes committed as part of a criminal group;

   • crimes against the sexual inviolability of minors.

3. The court may postpone serving the sentence for up to 3 months if the circumstances specified in Part 1 arise (natural disaster, death of the breadwinner, etc.).

⚠️ Exception:

· Restrictions related to the category of crime do not apply to juvenile offenders if the crime was committed against a minor aged 14–18.

This means that even if a juvenile committed a crime against sexual inviolability, but against a person aged 14–18, postponement is permissible.

🔷 4. Judicial Practice

📍 Example 1: A man sentenced to 1 year of restriction of liberty for theft petitioned for release from punishment after the death of his wife—the sole breadwinner of a family with two disabled children. The court recognized the existence of extraordinary circumstances and released him from punishment.

📍 Example 2: A woman serving a sentence for fraud (a medium-gravity crime) requested postponement because her house burned down in a fire and her three minor children were left without supervision. The court granted a 3-month postponement so that she could resolve issues related to guardianship and housing.

📍 Example 3 (refusal): A man convicted of rape (an especially serious crime) was denied postponement due to his wife’s serious illness, as the offense fell under the exclusions provided in Part 2 of Article 76 of the Criminal Code of the Republic of Kazakhstan.

🔷 5. Related Legal Provisions

· Article 74 of the Criminal Code of the Republic of Kazakhstan – postponement of punishment for pregnant women and parents of young children;· Article 75 of the Criminal Code of the Republic of Kazakhstan – release or postponement of punishment due to illness;· Article 71 of the Criminal Code of the Republic of Kazakhstan – exemption from criminal liability due to expiration of the statute of limitations;· Article 164 of the Penal Enforcement Code of the Republic of Kazakhstan – procedure for executing postponements of punishment;· Articles 552–553 of the Criminal Procedure Code of the Republic of Kazakhstan – procedure for court consideration of petitions for postponement.

🔷 6. International Legal Standards

· International Covenant on Civil and Political Rights (UN) – the right of convicted persons to humane and respectful treatment (Article 10);· Kudła v. Poland (2000), European Court of Human Rights – the necessity of considering the social and physical condition of the convicted person;· UN Mandela Rules, paragraph 109 – consideration of circumstances where punishment becomes disproportionate.

🔷 7. Conclusion

Article 76 of the Criminal Code of the Republic of Kazakhstan ensures a balance between justice and humanism in criminal policy:

· it allows consideration of exceptional life circumstances significantly affecting the convict’s family;· it restricts the application of this measure in cases involving dangerous crimes, thereby preserving public safety;· with respect to juveniles, it maintains flexibility and prioritizes rehabilitation. 

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