On amnesty in connection with the first anniversary of the new Constitution of the Republic of Kazakhstan

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The Law of the Republic of Kazakhstan dated July 15, 1996, No. 27-1.

In connection with the first anniversary of the new Constitution of the Republic of Kazakhstan, guided by the principles of humanism, this Law has been issued.

Article 1. To release convicted persons from punishment in the form of imprisonment or from punishment not related to imprisonment, regardless of the measure of punishment imposed.:

1) participants and invalids of the Great Patriotic War of 1941-1945, as well as persons equated to them;

2) widows of military personnel who died while performing military and international duty, women with husbands with war disabilities and persons equated to them;

3) women with children under the age of 16, children with disabilities of groups I and II, as well as pregnant women;

4) men over 60 years of age and women over 55 years of age;

5) disabled people of groups I and II;

6) minors who have not previously been held in educational and labor colonies;

7) military personnel sentenced to be sent to a disciplinary battalion.

Article 2. Release from punishment in the form of imprisonment minors who are not subject to Article 1 of this Law, sentenced to imprisonment for up to five years inclusive, who have served at least one third of the sentence.

Article 3. Release from punishment persons who are not covered by Article 1 of this Law, who were first sentenced to imprisonment for a term of up to three years inclusive.

Article 4. Release from punishment persons who are not subject to articles 1 and 3 of this Law, who were first sentenced to imprisonment for up to five years inclusive, and who have served at least one third of the sentence.

Article 5. Release from prison convicted persons who are not subject to articles 1-4 of this Law, and whose unserved part of their sentence is less than six months.

Article 6. Release from punishment convicted persons who are not subject to Articles 1-5 of this Law to imprisonment for up to three years inclusive, who have served at least one third of the sentence.

Article 7. Release from punishment convicted persons who are not subject to Articles 1-6 of this Law, transferred to penal colonies for persons who are firmly on the path of correction, who have served at least half of the sentence.

Article 8. Release from punishment persons sentenced to non-custodial measures if this punishment is applied as the main one and is not replaced by deprivation of liberty.

Article 9. Release from punishment in the form of exile and expulsion of convicts to whom this punishment has been applied in the form of primary or additional.

Article 10. Release from punishment persons convicted of negligent crimes who have served at least half of their sentence.

Article 11. Release from punishment persons who have committed the following crimes provided for in the Criminal Code of the Kazakh SSR: unauthorized absence (Article 232); unauthorized abandonment of a unit or place of service (Article 233); evasion from military service by self-mutilation or otherwise (Article 236).

Article 12. To reduce by half the unserved part of the sentence for minors who are not subject to release on the basis of Articles 1 and 2 of this Law, sentenced up to and including five years of imprisonment.

Article 13. To reduce by half the unserved part of the sentence to persons sentenced for the first time to imprisonment for up to five years inclusive, who are not subject to release on the basis of Articles 1 and 3-5 of this Law.

Article 14. To reduce by one third the unserved part of the sentence to persons who have previously been sentenced to imprisonment no more than once, who do not fall within the scope of Articles 1-11 of this Law, and who have served at least one third of the sentence.

Article 15. To reduce by half the unserved part of the punishment for persons who have committed crimes by negligence, which are not covered by Articles 1 and 10 of this Law.

Article 16. To terminate all criminal cases and cases not considered by the courts on crimes committed before the entry into force of this Law by persons listed in articles 1 and 11 of this Law, as well as in respect of persons held criminally liable for crimes for which a penalty of up to three years in prison or punishment is provided. not related to deprivation of liberty, and in relation to the persons listed in subparagraph 8) of Article 28 of this Law.

Article 17. To reduce by one third the unserved part of the sentence for minors and women who are not covered by articles 1-15 of this Law, who have served half of the sentence.

Article 18. Articles 1-16 of this Law do not apply to those convicted and held criminally liable for the following crimes provided for in the Criminal Code of the Kazakh SSR:

1) for particularly dangerous state crimes (Articles 50-59), banditry (Article 63), acts that disrupt the work of correctional labor institutions (Article 63-1), organization or leadership of a criminal group or criminal community (with the exception of participation in a criminal community (Article 63-2); smuggling (Article 64); manufacture or sale of counterfeit money or securities (Article 73); illegal transactions with currency valuables (Article 74); theft committed by a particularly dangerous repeat offender or on an especially large scale (part III of Article 76); aggravated robbery (parts II, III of Article 76-1); robbery (Article 76-2); fraud committed on a large and especially large scale (parts II, III of Article 76-3); extortion under aggravating circumstances (parts II, III of Articles 76-7) premeditated murder (Article 88) (with the exception of murder committed in a state of strong mental agitation (Article 89) or exceeding the limits of necessary defense (Article 90), intentional grievous bodily harm (Article 93) (with the exception of caused in a state of strong mental agitation unrest (article 95) or exceeding the limits of necessary defense (article 96); aggravated rape (parts II, III and IV of Article 101); receiving a bribe (article 146); encroachment on the life of an employee of the internal affairs bodies, a people's militia, a person conducting an inquiry, an investigator, a prosecutor, a judge or people's assessors (Article 173-1); especially malicious hooliganism if it is committed with the use or attempt to use firearms, gas weapons, knives, brass knuckles and other cold weapons, or other objects specially adapted for causing bodily harm (part II of Article 200); theft of firearms, ammunition or explosives (Article 203); theft of narcotic drugs (Article 213-1); illegal manufacture, acquisition, storage, transportation or transfer for the purpose of sale, as well as illegal sale of narcotic drugs (part IV of Article 214); for the same actions committed repeatedly or by prior agreement by a group of persons, or by a person who previously committed one of the crimes provided for in articles 213, 213-1, 213-2, part two articles 215-1 of the Criminal Code, or a particularly dangerous repeat offender, as well as if the subject of these actions were large-scale narcotic drugs (part V of Article 214); theft of vehicles under aggravating circumstances (parts II, III of Article 221); as well as for the following military crimes: disobedience (article 225); resisting a superior or forcing him to violate official duties under aggravating circumstances (paragraphs "b" and "c" of Article 227); violent acts against a superior (article 229); violation of the statutory rules of relations between military personnel in the absence of subordination relations between them (Article 231); desertion (Article 234); intentional destruction or damage of military property (Article 238); violation of the rules of combat duty, which entailed grave consequences (paragraphs "c" and "d" of Article 244);

2) recognized as particularly dangerous repeat offenders;

3) previously convicted more than twice for intentional crimes;

4) those who were previously released from punishment by way of pardon or amnesty and who again committed an intentional crime;

5) maliciously violating the regime while serving their sentence;

6) those who have not completed a full course of treatment for sexually transmitted diseases.

The footnote. Subparagraph 1 is supplemented with the words - by the Law of the Republic of Kazakhstan dated January 8, 1997 N 66-1.

Article 19. Article 17 of this Law does not apply to malicious violators of the regime, persons who were previously released from punishment by way of pardon or amnesty and who again committed intentional crimes, as well as women who have had the death penalty commuted to imprisonment by way of pardon and are recognized as particularly dangerous repeat offenders.

Article 20. To entrust the execution of this Law to:

1) bodies responsible for the execution of punishment - in relation to convicted persons in places of deprivation of liberty;

2) bodies of inquiry and preliminary investigation - in relation to persons whose cases and materials on crimes are in the production of these bodies;

3) the courts - in relation to:

persons whose cases and materials on crimes are in court proceedings and have not been considered before the entry into force of this Law, as well as in respect of persons whose cases on crimes have been considered but sentences have not entered into legal force.;

conditionally convicted persons in accordance with Article 40 of the Criminal Code of the Kazakh SSR and in respect of persons whose sentences have been suspended in accordance with the procedure provided for in Article 41-1 of the Criminal Code of the Kazakh SSR;

persons to whom a fine has been imposed as the main punishment, if no fine has been collected before the entry into force of this Law (the issue of applying amnesty is decided by the court that passed the sentence);

persons released from punishment on parole and persons to whom the unserved part of the punishment was replaced by a more lenient punishment before the entry into force of this Law (the issue of applying amnesty is decided by the court that issued a ruling on parole or the replacement of the unserved part of the punishment with a more lenient punishment);

4) internal affairs bodies - in relation to persons:

those sentenced to imprisonment, but not in custody, whose sentences have entered into legal force;

serving sentences in the form of exile, expulsion and correctional labor without imprisonment, deprivation of the right to hold certain positions or engage in certain activities;

5) the command of disciplinary battalions and the relevant military prosecutors - in relation to military personnel sentenced to be sent to a disciplinary battalion.

Article 21. The application of this Law is carried out by the decision of the head of the correctional labor institution, agreed with the supervisory commission under the relevant akims and authorized by the prosecutor, and in the disciplinary battalion - by the decision of the commander with the approval of the military prosecutor. The resolution referred to in this paragraph shall be accompanied by:

1) certificate of rewards and penalties;

2) the convict's personal file;

3) other documents necessary to resolve the issue of applying the amnesty.

Article 22. The participation of the prosecutor is mandatory in the application of this Law by the courts.

Article 23. The decision of the internal affairs body, as well as the body of inquiry and preliminary investigation on the termination of the case and the application of amnesty is approved by the prosecutor.

Article 24. To establish that the persons covered by articles 1 and 2 of this Law also include:

1) convicted persons who have been sentenced by a court to imprisonment with the application of Article 40 of the Criminal Code of the Kazakh SSR;

2) persons sentenced to imprisonment who, in accordance with Article 41-1 of the Criminal Code of the Kazakh SSR, have had their court sentence suspended.

Article 25. To establish that subparagraph 1) of Article 1 of this Law applies to:

1) participants of the Great Patriotic War:

military personnel who served in military units, headquarters and institutions that were part of the active army during the Great Patriotic War, as well as during other combat operations to protect the former USSR, partisans and underground fighters of the Great Patriotic War;

military personnel and civilian units and formations of the Armed Forces of the former Soviet Union who took part in the fighting against Japan in 1945;

military personnel, as well as persons commanding and enlisted personnel of the internal affairs and state security bodies of the former USSR who served in cities during the Great Patriotic War, whose participation in the defense is counted in the length of service for awarding pensions on preferential terms established for military units of the active army.;

personnel of the Soviet Army, Navy, troops and bodies of internal affairs and state security of the former USSR who held staff positions in military units, headquarters and institutions that were part of the active army during the Great Patriotic War or were in the corresponding periods in cities, participation in the defense of which is counted in the length of service for the appointment of pensions on preferential terms established for military units of the active army;

persons who, during the Great Patriotic War, were part of military units, headquarters, and institutions that were part of the active army and Navy as sons (pupils) of regiments and jungs;

persons who took part in military operations against Nazi Germany and its allies during the Second World War on the territory of foreign countries as part of partisan detachments, underground groups and other anti-fascist formations;

2) persons equated to the participants of the Great Patriotic War:

military personnel of the Soviet Army, Navy, State Security Committee, ordinary and commanding officers of the Ministry of Internal Affairs of the former USSR (including military specialists and advisers) who, in accordance with the decision of the state bodies of the former USSR, took part in hostilities on the territory of other states;

military conscripts who were called up for training camps and sent to Afghanistan during the period of hostilities;

military personnel of automobile battalions who were sent to Afghanistan to deliver goods to this country during the period of hostilities;

military flight personnel who flew combat missions to Afghanistan from the territory of the former Soviet Union;

workers and employees serving the Soviet military contingent in Afghanistan who were injured, concussed and maimed, or awarded orders and medals of the former USSR for their participation in providing combat operations;

Heroes of the Soviet Union and persons awarded the Order of Glory of three degrees, Heroes of Socialist Labor;

employees of special formations of the People's Commissariat of Railways, floating personnel of fishing and transport vessels and flight crew of fishing and transport vessels and flight crew of aviation. The People's Commissariat of the Fishing Industry, the marine and river fleets of the former USSR, the flight crew of the Glavsevmorput aviation, who were transferred to the position of military personnel during the Great Patriotic War and performed tasks in the interests of the active army and navy within the rear borders of the active fronts, operational areas of the fleets, as well as crew members of the transport fleet ships interned at the beginning of the Second World War. The Great Patriotic War in ports of other states;

former juvenile prisoners of concentration camps, ghettos and other places of forced detention created by the Nazis during the Second World War;

wives (husbands) of deceased invalids of the Great Patriotic War and equivalent invalids, as well as wives (husbands) of deceased war veterans, partisans and underground fighters, citizens who worked during the siege in Leningrad at enterprises and organizations of the city and were awarded the medal "For the Defense of Leningrad" and the badge "Resident of besieged Leningrad", recognized as disabled as a result of a common illness, labor injury, and other causes (with the exception of persons whose disability occurred as a result of illegal actions) who did not enter into another registered marriage;

citizens who worked during the siege in Leningrad at enterprises, institutions and organizations of the city and were awarded the medal "For the Defense of Leningrad", and persons awarded the badge "Resident of besieged Leningrad";

persons awarded orders and medals of the former USSR for selfless work and impeccable military service in the rear during the Great Patriotic War;

workers and employees who went to work in Afghanistan from December 1, 1979 to December 1989 and in other countries where military operations were conducted;

workers and employees of the State Security Committee of the former USSR who were temporarily stationed in Afghanistan and were not part of the limited contingent of Soviet troops;

citizens who suffered and became disabled as a result of the Chernobyl disaster and the explosions at the Semipalatinsk nuclear test site;

3) invalids of the Great Patriotic War and persons equated to them from among:

military personnel of the active army, partisans and underground fighters of the Great Patriotic War, as well as workers and employees of the relevant categories who became disabled as a result of injury, contusion, mutilation or disease received during the Great Patriotic War at the front, in the area of military operations, on frontline sections of railways, on the construction of defensive lines, naval bases, etc. airfields, and equated in terms of pension provision to military personnel;

military personnel and freelancers of the Armed Forces of the former USSR who became disabled as a result of injury, contusion, injury or illness sustained during the war with Japan in 1945;

military personnel who became disabled as a result of wounds, contusions, or injuries sustained in the defense of the former Soviet Union, while performing other military service duties during other periods, or as a result of illness associated with being at the front, as well as during military service in Afghanistan or other countries where military operations were conducted.;

commanding officers and enlisted personnel of the internal affairs and state security bodies of the former USSR who became disabled as a result of wounds, contusions, or injuries sustained in the performance of official duties or as a result of illness associated with being at the front or performing official duties in States where military operations were conducted;

workers and employees of the appropriate categories serving active military contingents in other countries who have become disabled as a result of injury, contusion, injury or illness sustained during the period of hostilities.

Article 26. To establish that subparagraph 2) of Article 1 of this Law applies to:

1) widows of military personnel of the Armed Forces, the National Security Committee, ordinary and commanding officers of the Ministry of Internal Affairs of the Republic of Kazakhstan, the Armed Forces and relevant bodies of the former USSR who died or went missing in the performance of military or official duty, and did not enter into another registered marriage;

2) wives of war invalids and persons equated to them.

Article 27. The basis for the application of amnesty in respect of persons listed in Articles 25 and 26 of this Law are documents confirming the right of these persons to benefits.

Article 28. This Law applies to:

1) subparagraph 3) of Article 1 applies to women who are not deprived of parental rights and have children, including those adopted or taken into custody, who have not reached the age of 16 on the date of entry into force of this Law, or children with disabilities of groups I and II, regardless of their age; women who are pregnant on date of entry into force of this Law;

2) Subparagraph 4) of Article 1 applies to men who are 60 years old or older and women who were 55 years old or older before the entry into force of this Law. In the absence of documents confirming the day and month of birth of persons who have reached the age specified in subparagraph 4) of Article 1 of this Law, men born before January 1, 1937, and women born before January 1, 1942 should be counted.;

3) Subparagraph 5) of Article 1 applies to persons with disabilities of groups I and II who were recognized as such in accordance with the established procedure prior to the entry into force of this Law.;

4) Subparagraph 6) of Articles 1 and 2 apply to male and female persons who, on the date of entry into force of this Law, have not reached the age of 18.;

5) Subparagraph 6) of article 1 applies to minors who, although convicted, were not held in an educational and labor colony.;

6) Article 2 applies to minors who have had no more than two previous convictions and have been held in educational and labor colonies. At the same time, persons who were previously held in educational and labor colonies cannot be considered.:

convicted in the past to non-custodial penalties;

persons sentenced to imprisonment in accordance with Article 40 of the Criminal Code of the Kazakh SSR or in respect of whom the execution of the sentence was postponed in accordance with Article 41-1 of the Criminal Code of the Kazakh SSR;

those who were in temporary detention facilities or in pre-trial detention facilities before the court verdict came into force;

7) Articles 3 and 4 also apply to persons who have previously been sentenced to non-custodial measures.;

8) for military personnel who have evaded service, including from the territory of the former republics of the USSR before December 31, 1994; military personnel who have committed the crimes listed in Article 11 of this Law after December 31, 1994 and have failed to report to their duty station, amnesty is applied if they are not later than six months after the entry into force of this Law, they will report to the nearest military administration bodies.

The footnote. In subparagraph 8), the words were replaced by the Law of the Republic of Kazakhstan dated January 8, 1997 No. 66-1.

Article 29. This Law does not apply to persons subjected to administrative punishment, including those brought to administrative responsibility with exemption from criminal liability in accordance with the procedure provided for in Articles 45, 45-3 of the Criminal Code of the Kazakh SSR.;

Articles 3 and 4 of this Law apply to persons previously sentenced to imprisonment with the application of articles 40 and 41-1 of the Criminal Code of the Kazakh SSR;

Article 8 of this Law applies to persons sentenced to imprisonment with the application of articles 40 and 41-1 of the Criminal Code of the Kazakh SSR;

Article 10 of this Law applies to persons who have been convicted collectively for a crime committed through negligence and for a crime committed intentionally.

The footnote. The figures in paragraphs three and four were replaced by the Law of the Republic of Kazakhstan dated January 8, 1997 No. 66-1 .

Article 30. To establish that the serving of a part of the sentence provided for in Articles 2, 4-7, 10, 12-14, 17 of this Law is calculated on the date of entry into force of the amnesty act.

Article 31. In the case of a combination of crimes, if one of them does not fall within the scope of this Law, amnesty is not applied.

Article 32. Persons subject to amnesty are exempt from both basic and additional punishment, if the latter has not been executed on the date of entry into force of this Law.

Article 33. The serving of a sentence in the form of correctional labor is terminated from the day the internal affairs body issues a resolution on the application of an amnesty act approved by the prosecutor.

Article 34. In accordance with articles 12-14, 17 of this Law, the part of the sentence that has not been served as of the date of entry into force of this Law is subject to reduction.

Article 35. When applying amnesty to persons whose sentence has been reduced by way of pardon or amnesty, one should proceed from the term of punishment established by these acts.

Article 36. Subparagraph 1) of Article 18 of this Law also applies to persons convicted under the following articles of the Criminal Code of the Kazakh SSR:

according to parts III, IV of Article 214 (as amended by Decrees of the Presidium of the Supreme Soviet of the Kazakh SSR dated February 21, 1975, December 29, 1982, July 30, 1987, the Law of the Kazakh SSR dated June 21, 1991), according to parts II, III, IV of Article 76-1 (as amended by Decrees of the Presidium of the Supreme Soviet Kazakh SSR dated July 21, 1961 and December 29, 1982);

according to Article 76-2 (as amended by Decrees of the Presidium of the Supreme Soviet of the Kazakh SSR dated July 21, 1961 and December 29, 1982);

according to Part III of Article 76-3 (as amended by Decrees of the Presidium of the Supreme Soviet of the Kazakh SSR dated July 21, 1961 and December 29, 1982);

according to article 76-5 (committed by theft)(as amended by the Decree of the Presidium of the Supreme Soviet of the Kazakh SSR dated July 21, 1961);

according to parts II, III of Articles 76-7 (as amended by the Decree of the Presidium of the Supreme Soviet of the Kazakh SSR dated October 21, 1989);

according to parts II, III, IV of Article 133 (as amended by Decrees of the Presidium of the Supreme Soviet of the Kazakh SSR dated December 29, 1982 and February 4, 1987);

according to Article 134 (as amended by the Decrees of the Presidium of the Supreme Soviet of the Kazakh SSR dated July 21, 1961 and December 29, 1982);

according to parts II, III of Article 135 (as amended by the Decree of the Presidium of the Supreme Soviet of the Kazakh SSR dated October 31, 1989);

according to Part III of Article 136 (as amended by Decrees of the Presidium of the Supreme Soviet of the Kazakh SSR dated July 21, 1961 and December 29, 1982).

The footnote. Article 36 - as amended by the Law of the Republic of Kazakhstan dated January 8, 1997 N 66-1.

Article 37. Subparagraph 4) of Article 18 of this Law applies to persons who were previously released from punishment (regardless of the removal or cancellation of a criminal record) ahead of schedule by way of pardon or on the basis of the following acts of amnesty:

1) dated April 26, 1985 "On amnesty in connection with the 40th anniversary of the Victory of the Soviet People in the Great Patriotic War of 1941-1945";

2) dated November 6, 1986 "On the release from prison of certain categories of convicted women";

3) of June 18, 1987, "On amnesty in connection with the 70th anniversary of the Great October Socialist Revolution," as well as the Decree of the Supreme Soviet of the USSR of November 29, 1989, "On amnesty for former servicemen of the Soviet troops in Afghanistan who committed crimes.";

4) dated February 16, 1991 "On amnesty in connection with the adoption of the Declaration on State Sovereignty of the Kazakh Soviet Socialist Republic";

5) of October 5, 1994, "On amnesty in connection with the International Year of the Family."

Article 38. Materials on persons subject to this Law who have been prescribed treatment for sexually transmitted diseases in accordance with the established procedure shall be reviewed during the period of implementation of this Law, and the decision to release them shall be enforced only after completion of the course of treatment. At the same time, the basis for recognizing the completed course of treatment of a sexually transmitted disease of a convicted person is an appropriate medical report.

Article 39. Malicious violators of the regime should be considered persons:

1) systematically violating the established discipline and order while serving their sentence. At the same time:

Systematic violation of discipline and order while serving a sentence is defined as actions for which the convicted person has been punished at least three times.;

If the convicted person has not been subjected to new penalties within a year from the date of imposition of the penalty, or the penalty has been lifted as a reward, then he is recognized as having no penalties.;

2) those who have committed an intentional crime while serving their sentence in places of deprivation of liberty, as well as exile, expulsion;

3) convicts held in penal settlements sent to correctional labor colonies of other types, if, after the ruling on their transfer to a correctional labor institution, they had been in custody for less than six months by the day of consideration of the materials on the application of the amnesty. In this case, the term is calculated from the date of the convicted person's detention.;

4) those conditionally convicted in accordance with Article 40 of the Criminal Code of the Kazakh SSR, if they committed a new intentional crime during the probation period or were sent to serve a sentence imposed on the grounds provided for in the same article of the Criminal Code of the Kazakh SSR, if less than six months have passed since the sentencing or court ruling;

5) in respect of whom the execution of the sentence was postponed in accordance with Article 41-1 of the Criminal Code of the Kazakh SSR, if they committed a new intentional crime during the period of postponement of the execution of the sentence or were sent to serve the imprisonment imposed by the sentence on the grounds provided for in the same article of the Criminal Code, if they were in custody for less than six months by the day of consideration materials on the application of amnesty;

6) those sentenced to correctional labor without deprivation of liberty, if they committed a new intentional crime before fully serving their sentence, or for maliciously evading serving their sentence, the unserved term of correctional labor was commuted to imprisonment by the court, if they had been in custody for less than six months by the day of consideration of the materials on the application of the amnesty.

Article 40. When applying the amnesty act, criminal records that have been removed or expunged in accordance with the procedure established by law, as well as criminal records for crimes excluded from the Criminal Code of the Kazakh SSR, are not taken into account.

Article 41. In cases where the issue of applying an amnesty arises after the expiration of a six-month period from the date of entry into force of this Law, it shall be executed in accordance with the procedure provided for in articles 20 and 44 of this Law.

Article 42. Local executive bodies should be assisted in:

1) employment of persons released from punishment under the amnesty;

2) accommodation of disabled and elderly persons who have been released from punishment under an amnesty and do not have relatives and relatives;

3) employment of minors released from punishment on the basis of this Law, and, if necessary, their placement in orphanages, boarding schools, vocational schools.

Article 43. This Law applies to crimes committed before its entry into force and to persons convicted by courts of the Republic of Kazakhstan, as well as military tribunals of the former USSR, who convicted persons for crimes committed on the territory of the Kazakh SSR.

Article 44. The issue of applying amnesty to persons convicted by the courts of the Republic of Kazakhstan, but serving time abroad, is decided by the courts of the Republic of Kazakhstan on the basis of international treaties of the Republic of Kazakhstan on the recommendation of the internal affairs body on whose territory the court verdict is being executed.

Article 45. This Law comes into force from the date of its signing and is subject to execution within six months.

President

Republic of Kazakhstan

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