Torture of a Woman

1. General Characteristics of the Elements of the Offence

Article 110 of the Criminal Code of the Republic of Kazakhstan establishes criminal liability for torture, namely, the infliction of physical or mental suffering through violent acts committed with particular cruelty or humiliation, for the purpose of causing torment to the victim, provided that the act does not result in grievous bodily harm or bodily harm of medium severity.

Under the current wording of Part 1 of Article 110 of the Criminal Code, the penalties include corrective labour in an amount of up to 1,000 monthly calculation indices (MCI), community service for a period of up to 600 hours, or imprisonment for a term of up to three years.

Part 2 of Article 110 provides for an aggravated offence, in particular where torture is committed:

1. against a person known to be a minor, or a person in a helpless state or in a position of material or other dependence on the perpetrator, as well as a person who has been abducted or taken hostage;
2. against two or more persons;
3. against a woman whose pregnancy is known to the perpetrator;
4. for hire;
5. on the grounds of social, national, racial, or religious hatred or enmity.

Part 2 of Article 110 provides for imprisonment for a term of four to seven years. (Zakon i Pravo)

Accordingly, the legally correct designation of the aggravated offence under consideration is “torture committed against a woman whose pregnancy is known to the perpetrator.”

The fact that the victim is female does not, in itself, constitute the aggravated offence under point 3) of Part 2 of Article 110 of the Criminal Code. If the female victim is not pregnant, qualification under this provision is not possible solely on the basis of her sex.

However, other aggravating circumstances under Part 2 of Article 110 may apply where the victim is a woman. For example:

• the woman is in a helpless state;
• the woman is materially or otherwise dependent on the perpetrator;
• two or more victims are subjected to torture;
• the offence is committed for hire;
• the offence is committed on the grounds of social, national, racial, or religious hatred or enmity.

Therefore, when qualifying the offence, it is necessary to establish not only the victim's sex but also the entire factual mechanism of the violence.

2. The Immediate Object of the Offence

The primary immediate object is the body of social relations protected by criminal law that ensures:

• the physical inviolability of a person;
• psychological inviolability;
• health;
• personal dignity;
• freedom from cruel treatment;
• the right of a person to protection against torment and treatment degrading to human dignity.

Depending on the circumstances of the particular case, the additional object may include:

• family safety;
• the protection of motherhood;
• the health of a pregnant woman;
• the health of the fetus as an actual consequence of violent conduct;
• the normal functioning of family relations;
• a woman's right to personal liberty and security.

At the same time, the application of Article 110 of the Criminal Code does not require the existence of family relations between the perpetrator and the victim.

The perpetrator may be:

• a spouse;
• a former spouse;
• a cohabiting partner;
• a relative;
• an employer;
• an acquaintance;
• a neighbour;
• any other individual.

Where family or domestic relations exist between the parties, the special mechanisms for the prevention of domestic violence also apply.

Legislation on the prevention of domestic violence provides for physical, psychological, sexual, and economic violence, as well as a range of individual preventive measures. (Zakon i Pravo)

3. The Objective Element of Torture

The objective element consists of the following components:

1. violent acts;
2. the infliction of physical and/or mental suffering;
3. particular cruelty or humiliation;
4. conduct directed towards causing torment to the victim;
5. the absence of grievous bodily harm or bodily harm of medium severity as a consequence covered by Part 1 of Article 110.

It is particularly important that, following the amendments introduced in 2024, proof of the systematic infliction of beatings alone is not required to establish the elements of the offence under Article 110.

Regulatory Resolution No. 1 of the Supreme Court of the Republic of Kazakhstan dated 11 May 2007, as supplemented by the clarification introduced in 2024, expressly states that the mandatory elements of the offence include intentional violent acts committed with particular cruelty or humiliation, causing physical and mental suffering, and with the purpose of causing torment to the victim.

Torture may take the form of prolonged and repeated conduct, as well as other violent acts, including beatings, the infliction of minor bodily harm, biting, pricking, pulling out hair, setting an animal on a person, depriving a person of food, water or warmth, and other similar acts.

At the same time, beatings and the infliction of minor bodily harm are covered by the elements of torture and do not require additional qualification under Articles 108-1 or 109-1 of the Criminal Code. (Adilet)

This is of fundamental importance in legal practice.

For example, the following approach is incorrect:

“Each incident of beating must be separately qualified under Article 109-1 of the Criminal Code.”

Where it is established that the beatings formed part of a single course of intentional conduct directed towards causing torment to the victim, and the other elements of Article 110 are present, those acts may be covered by the offence of torture.

4. Physical Suffering

Physical suffering may be expressed through:

• prolonged pain;
• repeated blows;
• the infliction of multiple injuries;
• tying or binding the victim;
• strangulation;
• pinching;
• biting;
• pulling out hair;
• applying force to sensitive areas of the body;
• inflicting pain with various objects;
• deprivation of food;
• deprivation of water;
• deprivation of the ability to keep warm;
• other acts that objectively cause prolonged or intense suffering.

The offence under Article 110 does not require the presence of significant bodily injury.

On the contrary, if it is established that the violence resulted in grievous bodily harm or bodily harm of medium severity, the question of qualification under the relevant articles governing bodily injury must be examined.

This follows directly from the wording of Part 1 of Article 110, which excludes cases involving grievous bodily harm or bodily harm of medium severity.

5. Mental Suffering

A distinctive feature of Article 110 is that physical suffering is not the only possible form of suffering.

The law also provides for mental suffering.

Accordingly, the following circumstances may have evidentiary significance:

• threats;
• intimidation;
• systematic humiliation;
• coercion;
• psychological pressure;
• degrading or humiliating treatment;
• actions intended to create a state of constant fear;
• threats to harm children;
• death threats;
• forcing a person to witness violence against others;
• prolonged deprivation of sleep;
• depriving a person of the opportunity to seek assistance;
• confining a person to premises;
• other acts directed towards causing torment.

At the same time, rudeness or a domestic dispute, in itself, does not constitute the offence under Article 110.

It is necessary to prove the specific elements that are legally relevant to criminal liability:

intentional violence + suffering + particular cruelty/humiliation + the purpose of causing torment.

6. Particular Cruelty and Humiliation

The concepts of “particular cruelty” and “humiliation” must be assessed in light of the totality of the specific circumstances.

In judicial practice concerning violent offences, the Supreme Court associates particular cruelty with acts directed towards causing pain, torment, and suffering, as well as the conscious acceptance of physical or moral suffering. (Zakon i Pravo)

For the purposes of Article 110, merely establishing the fact that a blow was delivered is insufficient.

The investigator and the court must answer the following questions:

• by what means did the accused act;
• how long did the violence continue;
• was it repeated;
• what acts were committed;
• did the accused understand the nature of the suffering being caused;
• did the accused intend to cause torment;
• were the acts humiliating;
• did the accused exploit the victim's helpless condition;
• did the victim attempt to stop the violence;
• did the accused continue the violence despite the victim's obvious suffering?

7. The Purpose of Causing Torment

This is one of the most important subjective elements of the offence.

Article 110 is structured in such a way that it is necessary to establish not only the intentional nature of the violence but also the specific purpose underlying the conduct, namely, the purpose of causing torment to the victim.

For example, if a person accidentally causes pain to a woman or causes harm through negligence, Article 110 does not apply.

If a person intentionally delivers a single blow during a conflict, but there is no evidence establishing the purpose of causing torment, that situation does not automatically constitute torture.

A different assessment is required where a person:

• repeatedly beats the victim;
• continues the violence after the victim asks them to stop;
• deliberately inflicts pain;
• humiliates the victim while subjecting her to physical violence;
• deprives the victim of the opportunity to obtain medical assistance;
• ties up or confines the victim;
• exploits the victim's pregnancy as a circumstance that intensifies her suffering.

In each case, the purpose must be established on the basis of objective circumstances rather than mere assumptions by the court.

8. The Special Aggravating Circumstance of the Victim's Pregnancy

Point 3) of Part 2 of Article 110 of the Criminal Code applies where the victim is a woman whose pregnancy is known to the perpetrator.

Two circumstances must be proved.

First

The victim was actually pregnant at the time the offence was committed.

Second

The accused knew about the pregnancy.

The words “known to the perpetrator” have independent legal significance.

Consequently, the objective fact of pregnancy alone is insufficient.

For example, if a woman was at a very early stage of pregnancy, had not informed the accused of it, her pregnancy was not externally apparent, and there is no other evidence confirming the accused's awareness, the application of point 3) of Part 2 of Article 110 requires particularly careful proof.

9. How Awareness of the Pregnancy Is Established

The following evidence may be used:

• correspondence between spouses;
• SMS messages;
• messages exchanged through WhatsApp, Telegram, and other messaging applications;
• audio recordings;
• video recordings;
• medical records;
• messages sent to relatives;
• testimony from relatives;
• testimony from medical professionals;
• information concerning visits to a women's health clinic;
• documents confirming registration for antenatal care;
• photographs;
• information concerning the purchase of pregnancy tests or medication;
• conversations between the accused and the victim;
• the accused's own statements admitting the offence;
• other evidence.

Correspondence in which the victim directly informed the accused of her pregnancy before the offence was committed may constitute particularly strong evidence.

For example:

“I am pregnant. Please do not touch me.”

If the person continues the violence after receiving such a message, the fact that the person was aware of the pregnancy may be directly confirmed by documentary evidence.

However, the absence of a written message does not preclude proof through other forms of evidence.

10. An Important Distinction: A Woman and a Pregnant Woman

This distinction is of fundamental importance in an advocate's practice.

It is incorrect to automatically state:

“Point 3 of Part 2 of Article 110 of the Criminal Code — torture of a woman.”

The legally correct formulation is:

“Torture committed against a woman whose pregnancy is known to the perpetrator.”

If the female victim is not pregnant, it is necessary to examine whether any other aggravating circumstances under Part 2 of Article 110 are present.

For example:

the woman was the accused's spouse, was financially dependent on him, and was subjected to prolonged violence.

In such circumstances, point 1) of Part 2 of Article 110 may be considered, provided that material or other dependence is established. Point 3) would not apply.

11. The Subject of the Offence

The subject of the offence is a sane natural person who has attained the age of criminal responsibility established by the Criminal Code.

As a general rule, Article 110 does not require a special subject.

The exception arises not from the general requirements concerning the subject of the offence, but from the distinction between torture under Article 110 and torture under Article 146 of the Criminal Code.

The Supreme Court has specifically clarified that Article 146 of the Criminal Code constitutes a special provision in relation to the corresponding aggravated offence under Article 110 where the elements of torture are present, including a special subject and a specific purpose of torture. (Zakon i Pravo)

12. Distinguishing Between Articles 110 and 146 of the Criminal Code

This is one of the most important issues in the legal classification of the offence.

Torture under Article 110 and torture under Article 146 of the Criminal Code are not identical offences.

According to Regulatory Resolution No. 7 of the Supreme Court of the Republic of Kazakhstan dated 28 December 2009, where all the elements of the offence of torture under Article 146 of the Criminal Code are present, the act must be qualified under Article 146 and does not require additional qualification as torture under Article 110. (Zakon i Pravo)

The following elements are of particular importance:

• a special subject;
• the purpose of torture;
• obtaining information or a confession;
• punishing a person for an act;
• intimidation;
• coercion;
• a discriminatory motive.

At the same time, the Supreme Court expressly states that every act constituting cruel or degrading treatment must receive a legal assessment. (Zakon i Pravo)

13. Distinguishing Article 110 from Articles 108-1 and 109-1 of the Criminal Code

Following the 2024 reform of criminal legislation, it is necessary to take into account the revised structure of Article 110.

The Supreme Court's regulatory resolution expressly clarifies that beatings and the infliction of minor bodily harm may be covered by the elements of torture.

Therefore, where the elements of Article 110 are present, additional qualification under Articles 108-1 or 109-1 is not required. (Adilet)

The principal distinction lies in the subjective purpose and the nature of the violence.

Where only the fact of beating has been established, the relevant offence must be considered.

Where it has been proved that the violence constituted a means of causing torment and satisfied the elements of Article 110, Article 110 applies.

14. Distinguishing Torture from the Infliction of Bodily Harm of Medium Severity or Grievous Bodily Harm

Part 1 of Article 110 expressly provides:

“if the act has not resulted in grievous bodily harm or bodily harm of medium severity.”

Accordingly, where such harm has occurred, Articles 106 and 107 of the Criminal Code must be examined.

In particular, it is important to prevent grievous bodily harm from being subsumed within the offence of torture without proper legal assessment.

If prolonged violence results in grievous bodily harm, the legal classification must be determined on the basis of the actual consequences and the applicable rules governing the concurrence of offences.

15. Torture in the Family and Domestic Context

Where an offence is committed by a husband against his wife, by a former spouse, by a cohabiting partner, or by another person falling within the statutory definition of family and domestic relations, the criminal proceedings operate alongside the system for the prevention of domestic violence.

The Law on the Prevention of Domestic Violence provides for:

• preventive interviews;
• bringing a person to the police authorities;
• a protective order;
• administrative detention;
• special requirements imposed on a person's behaviour;
• administrative measures;
• procedural coercive measures;
• measures to ensure victims' safety;
• measures imposed pursuant to a court judgment. (Zakon i Pravo)

Consequently, the existence of a protective order does not, in itself, replace criminal prosecution.

It may also constitute important evidence confirming previous violent conduct and the need to ensure the victim's safety.

16. Protective Order

Article 20 of the Law on the Prevention of Domestic Violence provides for a protective order.

It may prohibit the following conduct:

• committing domestic violence;
• searching for the victim;
• stalking or pursuing the victim;
• visiting the victim against her will;
• making telephone calls;
• engaging in negotiations or conversations;
• establishing contact by other means, including through minor or legally incapacitated family members. (Zakon i Pravo)

The protective order remains in force for 30 days from the date on which it is served on the person against whom it was issued.

Violation of a protective order entails separate administrative liability.

For criminal proceedings under Article 110, the existence of a previously issued protective order may have considerable evidentiary significance, as it may confirm:

• the existence of previous violence;
• the person's awareness that contact was prohibited;
• the continuation of unlawful conduct;
• the nature of the relationship between the parties;
• the need for safety measures.

17. Jurisdiction

Under Article 306 of the Criminal Procedure Code of the Republic of Kazakhstan, district courts and courts equated to them are courts of first instance.

They have jurisdiction over all criminal cases except those assigned by the Criminal Procedure Code to specialised courts. (Zakon i Pravo)

Accordingly, in the absence of special circumstances, an ordinary criminal case under Article 110 of the Criminal Code is heard by a district court or a court equated to it.

An inter-district specialised criminal court may hear a case where grounds provided for under the rules of jurisdiction exist, particularly where criminal cases are joined and one of the offences falls within that court's jurisdiction.

In its commentary on Article 306, the Supreme Court separately notes that district courts hear the majority of criminal cases at first instance unless such cases are assigned by law to specialised jurisdiction. (Zakon i Pravo)

18. Allocation of Jurisdiction

The term “subject-matter jurisdiction” must be used cautiously in this context.

The issue primarily concerns criminal jurisdiction and the allocation of cases between courts, as regulated by the Criminal Procedure Code.

The criminal prosecution authorities include:

• the police authorities;
• the prosecutor's office;
• inquiry and investigative authorities acting within the limits of their competence.

The court administers justice.

Where a civil claim for compensation for harm is also brought, it may be considered directly within the criminal proceedings.

The victim also retains the possibility of bringing the relevant civil-law claims under civil procedure in cases provided for by law.

19. Pre-Trial Procedure

There is no mandatory “pre-trial procedure” in the civil-law sense for criminal proceedings under Article 110.

However, procedural specifics apply depending on which part of Article 110 is involved.

Article 32 of the Criminal Procedure Code classifies:

• Part 1 of Article 110 as an offence subject to private-public prosecution;
• Part 2 of Article 110 as an offence subject to public prosecution. (Zakon i Pravo)

This distinction is of exceptional practical importance.

20. Part 1 of Article 110 — Private-Public Prosecution

Under Part 3 of Article 32 of the Criminal Procedure Code, offences under Part 1 of Article 110 are subject to private-public prosecution.

As a general rule, proceedings are initiated upon the victim's complaint.

However, Part 4 of Article 32 of the Criminal Procedure Code provides that the prosecutor may initiate or continue proceedings without the victim's complaint where the offence affects the interests of a person who:

• is in a helpless state;
• is in a position of dependence; or
• is otherwise unable, for other reasons, to exercise their rights independently.

This is particularly important in domestic violence cases.

For example, a woman may refrain from filing a complaint because she:

• is financially dependent on the accused;
• fears the accused;
• lives with the accused;
• has children in common with the accused;
• is subjected to psychological pressure;
• has been deprived of independent access to documents and money;
• fears further violence.

In such cases, the possibility of continuing criminal prosecution despite the victim's failure to take an active position independently must be considered in light of Part 4 of Article 32 of the Criminal Procedure Code. (Zakon i Pravo)

 21. Part 2 of Article 110 — Public Prosecution

The qualified offense under Article 110, including the torture of a woman known to be pregnant, falls under public prosecution.

Consequently, criminal proceedings do not depend on whether the victim has filed a complaint.

This is particularly important in situations where the victim:

• has withdrawn her statement;
• has refused to testify;
• has declared that the parties have reconciled;
• is under the influence of the accused;
• fears retaliation;
• is economically dependent on the accused.

The victim's withdrawal of her complaint does not, in itself, automatically terminate public criminal prosecution.

This issue is resolved in accordance with the provisions of the Criminal Procedure Code and the Criminal Code governing the termination of criminal proceedings.

22. Reconciliation Between the Parties

For Part 1 of Article 110, the issue of reconciliation is of fundamental importance.

Article 68 of the Criminal Code provides for the release from criminal liability of a person who has committed a criminal misdemeanor or a crime of minor or medium gravity not associated with causing death, provided that the following two conditions are simultaneously met:

1. Reconciliation between the parties.
2. Reparation of the harm caused.

(Law and Legal Practice)

Part 1 of Article 110 concerns a crime of minor gravity.

Therefore, Article 68 of the Criminal Code may be applied if the conditions prescribed by law are met.

23. The Specific Features of Part 2 of Article 110 and a Pregnant Victim

Part 2 of Article 110 provides for a serious crime.

However, Article 68 of the Criminal Code establishes a special rule for certain categories of persons who have committed a serious crime for the first time, provided that the crime is not associated with death or serious bodily harm.

These categories include, in particular:

• minors;
• pregnant women;
• women who have or are raising a young child;
• men raising a young child on their own;
• women aged 58 and older;
• men aged 63 and older.

Accordingly, it is necessary to distinguish between a pregnant victim and a pregnant accused person.

Subparagraph 3) of Part 2 of Article 110 protects a pregnant victim.

Part 2 of Article 68 of the Criminal Code, by contrast, applies to certain categories of offenders, including pregnant women.

These are entirely different legal constructs.

(Law and Legal Practice)

24. Can a Criminal Case Involving the Torture of a Pregnant Woman Be Terminated Due to Reconciliation?

This issue requires a comprehensive examination.

If the charge is brought under subparagraph 3) of Part 2 of Article 110, the offense constitutes a serious crime.

In theory, the question of applying Part 2 of Article 68 of the Criminal Code may arise only if the statutory conditions are met, including:

• the commission of a serious crime for the first time;
• the absence of death;
• the absence of serious bodily harm;
• the accused person's membership in one of the special categories listed in Part 2 of Article 68;
• reconciliation between the parties;
• reparation of the harm caused.

However, the application of Part 2 of Article 68 is discretionary rather than automatically mandatory. The Supreme Court expressly states this in its regulatory resolution on the application of Article 68.

(Law and Legal Practice)

25. The Inadmissibility of Formal Reconciliation

The Supreme Court requires the genuine and voluntary nature of reconciliation to be verified.

A statement such as:

"I have no claims"

is not always sufficient.

It is necessary to establish:

• whether the parties have genuinely reconciled;
• whether the harm has been repaired;
• whether the victim expressed her will freely;
• whether any pressure was exerted;
• whether any threats exist;
• whether the victim was compelled to withdraw her claims;
• how the harm was compensated.

The Supreme Court expressly states that a victim's statement of reconciliation submitted under coercion cannot serve as grounds for release from criminal liability.

(Law and Legal Practice)

26. Evidence

The principal evidence in a torture case may include the following.

26.1. The Victim's Testimony

This is one of the central sources of evidence.

However, a conviction must not be based mechanically and exclusively on the victim's testimony.

The Supreme Court explains that testimony must be verified, compared with other evidence, and assessed in its entirety.

(Law and Legal Practice)

26.2. Witness Testimony

The testimony of the following persons may be particularly significant:

• children;
• relatives;
• neighbors;
• friends;
• colleagues;
• medical professionals;
• police officers;
• employees of crisis centers.

26.3. Medical Records

These include:

• medical certificates;
• medical discharge summaries and extracts;
• outpatient medical records;
• examination results;
• photographs of injuries;
• CT/MRI results;
• hospitalization records;
• medical opinions.

26.4. Forensic Medical Examination

A forensic medical examination may establish:

• the nature of the injuries;
• the mechanism by which they were inflicted;
• their approximate age;
• the degree of severity of the harm to health;
• whether the injuries are consistent with the mechanism described.

Regulatory Resolution No. 16 of the Supreme Court of the Republic of Kazakhstan, dated November 26, 2004, establishes procedural rules governing the appointment and assessment of expert examinations.

(Law and Legal Practice)

27. Forensic Psychological Examination

In cases involving psychological abuse, a psychological examination may be of particular importance.

It may examine:

• the person's mental state;
• individual psychological characteristics;
• the ability to perceive events accurately;
• the consequences of psychological influence;
• the presence of signs of psychological trauma.

However, the following distinction must be maintained:

An expert establishes factual circumstances requiring specialized knowledge, whereas the legal classification of the conduct is carried out by the investigator and the court.

An expert must not be asked:

"Is the accused guilty under Article 110 of the Criminal Code?"

Such a question falls outside the expert's competence.

28. Video and Audio Recordings

Audio and video recordings may be of substantial evidentiary significance.

These may include:

• recordings made on a mobile phone;
• surveillance camera footage;
• intercom recordings;
• vehicle dashcam footage;
• recordings from cameras installed in building entrances;
• recordings made by neighbors;
• messages in messaging applications;
• voice messages.

The Supreme Court expressly permits the use of audio and video recordings as evidence, provided that they are relevant, admissible, and reliable.

(Law and Legal Practice)

It is necessary to establish:

• the source of the recording;
• the identity of the person who made it;
• the date and time;
• the integrity of the file;
• the absence of editing or any indications of editing;
• the connection between the recording and the specific incident.

29. Correspondence

Correspondence is particularly important in cases involving the torture of a pregnant woman.

It may simultaneously confirm:

1. the fact of violence;
2. the relationship between the parties;
3. the accused person's awareness of the pregnancy;
4. threats;
5. the intention to cause suffering;
6. the accused person's subsequent conduct.

For example, messages such as:

"I know you are pregnant."

or:

"I don't care that you are pregnant."

may have independent evidentiary significance in establishing the qualifying element of the offense.

30. The Evidentiary Significance of a Protective Order

A protective order does not automatically prove guilt under Article 110 of the Criminal Code.

However, it may confirm:

• that the victim previously made a report;
• the circumstances of the conflict;
• the occurrence of previous domestic violence;
• the need to ensure the victim's safety;
• that the accused person was warned;
• subsequent violations of imposed restrictions.

The court must assess the protective order together with the other evidence.

31. The Evidentiary Significance of Medical Records in the Absence of Serious Injuries

The absence of serious injuries does not automatically mean that no torture occurred.

Since Article 110 covers psychological and physical suffering, the evidence may be comprehensive in nature.

For example:

• numerous bruises;
• no fractures;
• medical treatment after each incident;
• messages sent to relatives;
• video recordings;
• witness testimony;
• correspondence.

Taken together, these items may establish the occurrence of torture.

32. Standard of Proof

The court must establish the circumstances of the criminal offense on the basis of lawfully obtained evidence.

The Supreme Court states that evidence must be assessed according to the following criteria:

• relevance;
• admissibility;
• reliability.

The body of evidence must be assessed for its sufficiency.

(Law and Legal Practice)

The court may not base a conviction on evidence obtained in violation of the law.

The Supreme Court separately emphasizes that evidence obtained in violation of procedural law has no legal force.

(Law and Legal Practice)

33. Persons Participating in the Proceedings

The principal participants are as follows.

Prosecution:

• prosecutor;
• investigator;
• inquiry officer;
• victim;
• victim's representative;
• civil claimant;
• representative of the civil claimant.

Defense:

• suspect;
• accused person;
• defendant;
• defense counsel;
• civil defendant;
• representative of the civil defendant.

The following persons may also participate:

• witness;
• expert;
• specialist;
• interpreter;
• legal representative;
• mediator;
• other participants in the proceedings.

Article 71 of the Criminal Procedure Code sets out the victim's rights in detail, including the right to:

• submit evidence;
• file motions;
• have a representative;
• reconcile in cases prescribed by law;
• support the prosecution;
• examine case materials;
• appeal decisions;
• seek compensation for harm.

(Law and Legal Practice)

34. The Victim's Civil Claim

The victim may seek:

• compensation for material damage;
• reimbursement of medical treatment expenses;
• reimbursement of medication costs;
• reimbursement of expenses incurred to restore her health;
• reimbursement of representative's fees;
• reimbursement of other directly related expenses;
• compensation for moral harm.

The Supreme Court's regulatory resolution on civil claims in criminal proceedings requires the following to be established:

• the grounds for the claim;
• the type of harm;
• the nature of the harm;
• the amount of harm;
• the degree of harm;
• the person to whom the harm was caused;
• the identity of the civil claimant;
• the person liable to compensate for the harm;
• the financial circumstances of the accused person or civil defendant.

(Law and Legal Practice)

35. State Duty

As of January 1, 2026, the new Tax Code of the Republic of Kazakhstan, dated July 18, 2025, No. 214-VIII, applies.

Article 668 of the new Tax Code provides for exemption from state duty, in particular, for claimants bringing:

• claims for compensation for harm caused by injury or other damage to health;
• claims for recovery of material damage caused by a criminal offense.

(LawPravo Mail)

Therefore, when a civil claim is brought for compensation for material damage directly caused by torture, the victim is exempt from paying state duty pursuant to Article 668 of the Tax Code.

The rules governing state duty must be examined separately when an independent civil claim is brought for compensation for moral harm, since the legal nature of such a claim differs from that of a claim for compensation for pecuniary damage.

The Supreme Court explains that a claim for compensation for moral harm is an independent claim and that, as a general rule, the statute of limitations does not apply to claims concerning the protection of intangible benefits and personal non-property rights.

(Law and Legal Practice)

36. Limitation Period for Criminal Prosecution

It is necessary to distinguish between:

the limitation period for criminal prosecution

and

the limitation period for a civil claim.

These are different legal institutions.

Under Article 71 of the Criminal Code, the limitation periods are as follows:

• criminal misdemeanor — 1 year;
• crime of minor gravity — 2 years;
• crime of medium gravity — 5 years;
• serious crime — 10 years;
• especially serious crime — 15 years.

The period is calculated from the date the criminal offense was committed until the court judgment enters into legal force.

(Law and Legal Practice)

37. Limitation Period Under Part 1 of Article 110

Part 1 of Article 110 provides for a maximum sentence of up to three years of imprisonment and concerns crimes of minor gravity.

Consequently, the general limitation period is two years.

However, the rules governing the suspension and interruption of the limitation period must also be taken into account.

38. Limitation Period Under Part 2 of Article 110

Part 2 of Article 110 provides for imprisonment for a term of four to seven years and concerns serious crimes.

The general limitation period is ten years.

If the accused evades the investigation or the court, the running of the limitation period is suspended.

In cases prescribed by law, the limitation period may be interrupted if the person commits another serious or especially serious crime.

(Law and Legal Practice)

39. “Restoration” of the Limitation Period in a Criminal Case

It is incorrect to use the term "restoration of an expired or missed deadline" in relation to the limitation period under criminal law.

The limitation period established by Article 71 of the Criminal Code is not a procedural deadline that the victim may have restored upon application.

It:

• is calculated in accordance with the law;
• may be suspended;
• may be interrupted;
• is not applied at all in certain circumstances.

Therefore, in criminal proceedings, the appropriate terms are calculation, suspension, and interruption of the limitation period for criminal prosecution.

40. Limitation Period for a Civil Claim

If the victim brings a separate civil claim, the provisions of the Civil Code must be applied.

The general limitation period is three years.

(Law and Legal Practice)

However, Article 187 of the Civil Code establishes exceptions.

The limitation period does not apply, in particular, to:

• claims concerning the protection of intangible benefits and personal non-property rights;
• claims for compensation for harm caused to a person's life or health.

At the same time, if a claim for compensation for harm caused to life or health is brought after the expiration of the limitation period, compensation may be awarded for no more than the three years preceding the filing of the claim.

(Law and Legal Practice)

 Below is the full English translation of Sections 41–60, preserving the original structure, numbering, legal terminology, and substantive content without abridgment.

41. Restoration of the Limitation Period

Unlike the limitation period for criminal prosecution, civil legislation provides for the possibility of restoring the limitation period for bringing a claim.

Article 185 of the Civil Code permits such restoration in exceptional circumstances where the reason for missing the limitation period is related to the claimant personally:

• serious illness;
• a helpless condition;
• illiteracy;
• other similar circumstances.

At the same time, the valid reasons must have existed during the last six months of the limitation period if that period exceeds six months. (Law and Law)

This may have practical significance in domestic violence cases.

For example, the victim may have objectively lacked the opportunity to apply to a court due to:

• prolonged violence;
• a serious physical or psychological condition;
• dependence on the accused;
• hospitalization in a medical institution;
• a helpless condition.

However, restoration of the limitation period must not be presumed automatically.

It is necessary to prove the specific circumstances that prevented the timely filing of the claim.

42. Measures of Procedural Compulsion

In torture cases, various measures of procedural compulsion and preventive measures may be applied.

These include:

• detention;
• an undertaking to appear;
• a written undertaking not to leave the place of residence and to ensure proper conduct;
• personal surety;
• bail;
• house arrest;
• remand in custody;
• other measures provided for by the Criminal Procedure Code.

The choice of a measure is determined not only by the seriousness of the criminal charge but also by the circumstances of the particular case.

43. Remand in Custody

Article 147 of the Criminal Procedure Code provides for remand in custody where the grounds prescribed by law exist and a less restrictive measure cannot be applied.

The general rule concerns crimes punishable by imprisonment for a term exceeding five years.

At the same time, the article provides for exceptions in relation to crimes for which the maximum penalty does not exceed five years, where special circumstances are present. (Law and Law)

Since Part 2 of Article 110 provides for a penalty of up to seven years' imprisonment, the question of remand in custody may arise under the general procedure established by Article 147, provided that the grounds prescribed by law exist.

44. Practice in Applying Preventive Measures in Domestic Violence Cases

In domestic violence cases, the following factors are significant:

• the likelihood of continued violence;
• threats against the victim;
• the presence of children;
• cohabitation;
• previous incidents of violence;
• violation of a protective order;
• attempts to exert pressure on the victim;
• destruction of evidence;
• the possibility of absconding.

When selecting a preventive measure, the court must assess the specific risks.

It is impermissible to remand a person in custody automatically solely because the charge falls under Article 110.

However, it is equally impermissible to ignore a genuine risk of repeated violence.

45. Measures to Ensure the Safety of the Victim

The victim has the right to safety measures.

Where threats exist, protective measures provided for by the Criminal Procedure Code may be applied.

The following measures are particularly important:

• prohibition of contact;
• ensuring safety;
• restricting access to personal information;
• measures to protect witnesses and victims;
• a protective order in the field of domestic violence.

The Law on the Prevention of Domestic Violence expressly includes measures of procedural compulsion and measures to ensure victims' safety among the measures of individual prevention. (Law and Law)

46. Supreme Court Practice: Evidence

One of the most important normative resolutions is Regulatory Resolution No. 4 of the Supreme Court of the Republic of Kazakhstan dated April 20, 2006, On Certain Issues Concerning the Assessment of Evidence in Criminal Cases.

The Supreme Court requires that the following be done:

• each piece of evidence must be assessed;
• its relevance must be verified;
• its admissibility must be verified;
• its reliability must be verified;
• the body of evidence must be assessed as a whole;
• the reasons for accepting certain evidence and rejecting other evidence must be substantiated. (Law and Law)

Particularly important is the position that a conviction cannot be based solely on the testimony of the victim or the defendant if such testimony has not been verified and compared with other evidence, except in special procedures provided for by law.

For cases under Article 110, this means that the court must analyze the entire body of evidence.

47. Supreme Court Practice: Judgment

Regulatory Resolution No. 4 of the Supreme Court of the Republic of Kazakhstan dated April 20, 2018, On the Judicial Judgment, requires the court to specify:

• which evidence forms the basis of the judgment;
• which circumstances are confirmed by that evidence;
• why the evidence has been recognized as reliable;
• why other evidence has been rejected. (Law and Law)

This is particularly important in cases under Article 110 where contradictions exist between:

• the victim's testimony;
• the accused's testimony;
• medical documents;
• video recordings;
• witness testimony;
• expert opinions.

48. Appellate Court Practice

The appellate court may examine:

• the correctness of the legal classification;
• the completeness of the examination of evidence;
• the admissibility of evidence;
• the soundness of the court's conclusions;
• the sentence imposed;
• the application of Article 68 of the Criminal Code;
• the determination of the civil claim;
• violations of procedural law.

The Supreme Court explains that an appellate court has the right to exclude inadmissible evidence and, under the conditions prescribed by law, examine evidence that was not properly assessed by the court of first instance. (Law and Law)

49. Cassation Court Practice

Since July 1, 2025, a new Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan dated May 29, 2025, No. 1, On the Application of Legislation Governing the Consideration of Criminal Cases in Cassation Proceedings, has been in force. (Law and Law)

For legal practice involving Article 110, this means that it is necessary to clearly distinguish between:

• errors in establishing the facts;
• substantial violations of criminal procedural law;
• incorrect application of criminal law;
• incorrect legal classification;
• inconsistency between the court's conclusions and the factual circumstances of the case;
• the unjustified nature of the sentence.

50. Recent Judicial Practice in 2026: Torture of a Pregnant Wife

An example published in September 2026 concerning a case in the North Kazakhstan Region is particularly illustrative.

The court of first instance found the person guilty of torturing a woman who was knowingly pregnant under Article 110, Part 2, Paragraph 3, of the Criminal Code and sentenced the person to four years' imprisonment.

The appellate court upheld the judgment without amendment.

The court also left the judicial decisions unchanged during cassation proceedings.

According to the published information, the body of evidence included:

• the victim's testimony;
• eyewitness testimony;
• a video recording;
• medical documents;
• forensic expert opinions;
• confirmation of the fact of pregnancy. (Timjournal)

This example is particularly important for analyzing Article 110.

It demonstrates that courts may establish a qualifying element not through a single piece of evidence but through a body of evidence from multiple sources.

At the same time, it illustrates the practical importance of proving that the accused was actually aware of the pregnancy.

51. Practical Evidentiary Algorithm for a Pregnant Victim

In a criminal case, it is advisable to organize the evidence into four separate categories.

Category 1. The Fact of Pregnancy Itself

• medical records;
• a medical certificate;
• ultrasound examination results;
• a doctor's opinion;
• records confirming registration for pregnancy monitoring;
• other medical documents.

Category 2. The Accused's Awareness

• correspondence;
• voice messages;
• witness testimony;
• joint visits to a doctor;
• messages sent to relatives;
• the accused's admission.

Category 3. The Fact of Torture Itself

• video recordings;
• audio recordings;
• photographs;
• medical documents;
• witness testimony;
• calls to the police;
• a protective order;
• correspondence;
• surveillance camera footage.

Category 4. The Specific Purpose

It is necessary to establish:

• intent;
• particular cruelty or abuse;
• the infliction of suffering;
• the purpose of causing torment.

52. A Typical Error by the Prosecution

The error consists of the following reasoning:

"The accused beat a pregnant woman; therefore, Article 110 automatically applies."

This is insufficient.

All elements of the offence must be proven.

In particular:

violence → suffering → particular cruelty/abuse → purpose of causing torment → pregnancy → knowing awareness of the pregnancy.

Each element in this chain must be supported by evidence.

53. A Typical Error by the Defence

The defence is sometimes based exclusively on the argument:

"There are no serious bodily injuries."

This argument, by itself, is insufficient.

Article 110 specifically covers situations in which torture has not resulted in serious or moderately serious harm to health.

Therefore, the absence of a serious injury does not exclude the elements of the offence.

The defence must challenge specific elements of the offence:

• absence of violent acts;
• absence of suffering;
• absence of particular cruelty;
• absence of abuse;
• absence of a specific purpose;
• absence of intent;
• failure to prove the pregnancy;
• failure to prove the accused's awareness of the pregnancy;
• inadmissibility of individual pieces of evidence;
• contradictions between the evidence.

54. A Typical Error in Classifying the Pregnancy Element

The following statements must not be confused:

"The accused knew that the victim was pregnant"

and

"The accused should have guessed that she was pregnant."

For Article 110, Part 2, Paragraph 3, the legislature uses the term "knowingly."

Consequently, the prosecution must prove actual knowledge.

55. Forensic Examination and Proof of the Severity of Harm

If injuries result from violence, a forensic medical examination is of great importance.

An expert may determine:

• the nature of the injuries;
• their degree of severity;
• the mechanism by which they were caused;
• how long ago they occurred;
• whether they could have arisen under the circumstances of the incident as described.

Regulatory Resolution No. 16 of the Supreme Court provides for the possibility of ordering:

• an additional examination;
• a repeat examination;
• a commission examination;
• a comprehensive examination.

Where there are substantial violations of the procedure for ordering or conducting an examination, its findings may be recognized as inadmissible evidence. (Law and Law)

56. Civil Claim for Moral Harm

By its very nature, torture is capable of causing substantial moral harm.

The following factors may be taken into account when determining the amount of compensation:

• the duration of the violence;
• the intensity of the suffering;
• the victim's pregnancy;
• family relationships;
• the presence of children;
• public humiliation;
• psychological consequences;
• the need for treatment;
• the duration of recovery;
• the perpetrator's conduct after the crime.

The Supreme Court explains that physical suffering is understood as physical pain experienced by a person in connection with violence or harm caused to their health. (Law and Law)

57. International Standards

When considering cases of violence against women, Kazakhstan's international obligations must be taken into account.

The key document is the United Nations Convention on the Elimination of All Forms of Discrimination against Women (CEDAW).

Kazakhstan acceded to the Convention in 1998. (Law and Law)

Article 2 of CEDAW establishes the state's obligation to ensure legal protection of women's rights and effective protection against discriminatory acts.

The requirement to provide effective legal protection mechanisms is of particular importance.

58. International Standards Against Ill-Treatment

Kazakhstan is a party to the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. (Law and Law)

Article 16 of the Convention establishes the state's obligation to prevent other acts of cruel, inhuman or degrading treatment that do not fall within the definition of torture.

For this reason, Article 110 of the Criminal Code is significant not only as a national criminal law provision but also as an element of the state's implementation of its international obligations to protect human dignity.

59. International Protection of Women

The Optional Protocol to CEDAW was ratified by Kazakhstan under Law No. 220 dated July 4, 2001.

The Protocol provides for the possibility of submitting individual communications to the United Nations Committee on the Elimination of Discrimination against Women, subject to compliance with the established admissibility requirements. (Law and Law)

This constitutes an additional international protection mechanism but does not replace domestic criminal proceedings.

60. Hierarchy of Regulatory Legal Acts

When analyzing Article 110, it is necessary to take into account the hierarchy of regulatory legal acts.

Article 10 of the Law of the Republic of Kazakhstan On Legal Acts establishes that the Constitution has the highest legal force.

The following acts are arranged below it:

1. Laws introducing amendments to the Constitution;
2. Constitutional laws;
3. Codes;
4. Laws;
5. Regulatory resolutions of Parliament;
6. Regulatory decrees of the President;
7. Regulatory resolutions of the Government;
8. Regulatory orders of ministers and other central bodies;
9. Regulatory acts of departments and agencies;
10. Regulatory decisions of local authorities.

Acts at a lower level must not contradict acts at a higher level. (Law and Law)

At the same time, regulatory resolutions of the Constitutional Court and the Supreme Court fall outside the above hierarchy, as expressly provided for in Article 10 of the Law On Legal Acts. (Law and Law)

 Below is the complete English translation, preserving the original structure, numbering, legal references, and meaning without omissions or shortening.

61. Main Regulatory Legal Acts

For practical work under Article 110 of the Criminal Code of the Republic of Kazakhstan, the following legal acts should be used first and foremost.

1. Constitution of the Republic of Kazakhstan

The fundamental provisions concerning human dignity, the right to judicial protection, and human rights and freedoms.

2. Criminal Code of the Republic of Kazakhstan

The main provisions are:

• Article 3 — basic concepts;
• Article 4 — application of criminal law;
• Article 6 — retroactive effect;
• Article 10 — categories of criminal offenses;
• Article 11 — categories of crimes;
• Article 52 — general principles of sentencing;
• Article 54 — aggravating circumstances;
• Article 68 — reconciliation;
• Article 71 — limitation periods;
• Article 79 — criminal record;
• Article 106 — intentional infliction of serious harm to health;
• Article 107 — intentional infliction of moderate harm to health;
• Articles 108-1 and 109-1 — the relevant elements of offenses involving acts of physical violence;
• Article 110 — torture;
• Article 115 — threats;
• Article 146 — torture.

3. Criminal Procedure Code of the Republic of Kazakhstan

The following provisions are of particular importance:

• Article 32;
• Article 71;
• the articles concerning evidence;
• Article 105;
• Article 106;
• the articles concerning detention;
• the articles concerning preventive measures;
• Article 147;
• Article 192;
• Article 306;
• the articles concerning appeals;
• the provisions governing cassation proceedings.

4. Law on the Prevention of Domestic Violence

The following provisions are of particular importance:

• Article 4 — types of domestic violence;
• Article 17 — individual preventive measures;
• Article 18 — grounds for applying the measures;
• Article 20 — protective order;
• Article 22 — special requirements concerning behavior.

The legislation on the prevention of domestic violence provides for a comprehensive system of protection for victims. (Law and Law)

5. Tax Code of the Republic of Kazakhstan dated July 18, 2025, No. 214-VIII

Article 668, in particular, is important as a provision concerning exemption from payment of state duties. (ZakonPravo Mail)

6. Civil Code of the Republic of Kazakhstan

The following provisions are particularly important:

• Article 178 — limitation periods for claims;
• Article 179 — application of the limitation period;
• Article 180 — commencement of the limitation period;
• Article 185 — restoration of the limitation period;
• Article 187 — claims to which the limitation period does not apply;
• the articles concerning compensation for damage;
• Articles 951–952 concerning non-pecuniary damage.

7. Law on Forensic Expert Activities

This law regulates the activities of forensic experts.

8. Law on Legal Acts

This law establishes the hierarchy of regulatory legal acts. (Law and Law)

62. Key Regulatory Resolutions of the Supreme Court of the Republic of Kazakhstan

The following acts are the most important in relation to Article 110.

Regulatory Resolution No. 1 of the Supreme Court of the Republic of Kazakhstan dated May 11, 2007

“On the Qualification of Certain Criminal Offenses Against Human Life and Health.”

The new paragraph 31-2, particularly concerning the elements of torture, is important. (Adilet)

Regulatory Resolution No. 7 of the Supreme Court of the Republic of Kazakhstan dated December 28, 2009

On the application of criminal and criminal procedure legislation concerning the following matters:

• personal liberty;
• dignity;
• torture;
• violence;
• cruel treatment.

The paragraphs concerning the distinction between Article 146 and Article 110 of the Criminal Code are particularly important. (Law and Law)

Regulatory Resolution No. 4 of the Supreme Court of the Republic of Kazakhstan dated April 20, 2006

Concerning the assessment of evidence. (Law and Law)

Regulatory Resolution No. 4 of the Supreme Court of the Republic of Kazakhstan dated April 20, 2018

Concerning judicial judgments. (Law and Law)

Regulatory Resolution No. 16 of the Supreme Court of the Republic of Kazakhstan dated November 26, 2004

Concerning forensic examinations in criminal cases. (Law and Law)

Regulatory Resolution No. 4 of the Supreme Court of the Republic of Kazakhstan dated June 21, 2001

Application of Article 68 of the Criminal Code — reconciliation. (ZakonPravo)

Regulatory Resolution No. 1 of the Supreme Court of the Republic of Kazakhstan dated June 20, 2005

Concerning the consideration of civil claims in criminal proceedings. (Law and Law)

Regulatory Resolution No. 1 of the Supreme Court of the Republic of Kazakhstan dated May 29, 2025

Concerning the consideration of criminal cases under the cassation procedure. (Law and Law)

63. Practical Qualification Scheme

To qualify an act correctly, the following algorithm should be followed.

Question 1

Were intentional acts of physical violence committed?

If not, the elements of an offense under Article 110 are absent.

Question 2

Did those acts cause physical or psychological suffering?

If not, the elements of the offense have not been established.

Question 3

Was there particular cruelty or humiliation and mockery?

If not, the possibility of a different criminal-law classification must be examined.

Question 4

Was there a purpose of inflicting suffering?

If not, Article 110 may not apply.

Question 5

Was serious or moderate harm to health inflicted?

If yes, Articles 106 and 107 of the Criminal Code must be examined.

Question 6

Was the victim pregnant?

If not, subparagraph 3) of Part 2 of Article 110 of the Criminal Code does not apply.

Question 7

Did the accused know about the pregnancy?

If such knowledge has not been proven, the application of subparagraph 3) of Part 2 of Article 110 requires additional justification.

Question 8

Are there any other qualifying circumstances?

The following must be examined:

• helplessness;
• dependency;
• multiple victims;
• commission for hire;
• motive of hatred.

64. Practical Scheme for Proving the Case on Behalf of the Victim

The optimal structure for collecting evidence is as follows:

1. Filing a report with the police

↓

2. Documenting bodily injuries

↓

3. Forensic medical examination

↓

4. Preserving photographs and video recordings

↓

5. Preserving correspondence

↓

6. Identifying witnesses

↓

7. Obtaining medical records

↓

8. Confirming the pregnancy

↓

9. Confirming the accused's knowledge of the pregnancy

↓

10. Checking previous reports filed with the police

↓

11. Checking protective orders

↓

12. Checking calls to emergency number 102

↓

13. Checking surveillance cameras

↓

14. Checking messages sent to relatives

↓

15. Comprehensive assessment of the evidence.

65. Practical Scheme for the Defense

The defense must analyze the case in four areas.

First — the incident

Did the violence occur at all?

Second — qualification

Does the act correspond specifically to Article 110?

Third — qualifying circumstance

Has the following circumstance been proven:

“the perpetrator was knowingly aware that the victim was pregnant”?

Fourth — procedure

Was the evidence obtained by lawful means?

Particular attention must be paid to the following matters:

• procedural records;
• the timing of investigative actions;
• participation of defense counsel;
• the procedure for seizure of a telephone;
• examination of correspondence;
• obtaining video recordings;
• ordering expert examinations;
• admissibility of audio recordings.

66. Separate Judicial Rulings

When significant violations of the law are identified, a court may issue a separate ruling.

The Supreme Court's regulatory resolution concerning separate judicial rulings states that courts of first instance, appellate courts, and cassation courts may issue such rulings where the grounds provided for in the Criminal Procedure Code exist. (Law and Law)

In domestic violence cases, this may be important where the following circumstances are identified:

• failure of the police to take appropriate action;
• violation of the victim's rights;
• procedural violations;
• deficiencies in the investigation;
• causes and circumstances that contributed to the violence.

67. Specific Features of Proceedings Before a Court of First Instance

The court of first instance must establish:

1. the occurrence of the crime;
2. the identity of the person who committed the act;
3. the form of guilt;
4. the motive;
5. the purpose;
6. the nature of the violence;
7. the consequences;
8. qualifying circumstances;
9. the admissibility of the evidence;
10. circumstances affecting sentencing;
11. the grounds for the civil claim;
12. whether grounds for terminating the proceedings exist.

The judgment must clearly indicate how the court reached its conclusion that each mandatory element of Article 110 is present.

68. Specific Features of Filing an Appeal

In an appeal under Article 110, it is advisable to divide the arguments into separate sections.

Section 1. Incorrect application of criminal law

For example:

the court incorrectly found that the pregnancy-related element had been established or that the accused had actual knowledge of the pregnancy.

Section 2. Inconsistency between the court's conclusions and the factual circumstances

For example:

the court found that the purpose of inflicting suffering had been established even though the evidence did not confirm that purpose.

Section 3. Inadmissible evidence

For example:

a video recording was obtained and admitted into the case despite significant procedural violations.

Section 4. Incompleteness of the judicial investigation

For example:

the court failed to examine the medical records.

Section 5. Sentencing

The following must be analyzed separately:

• the circumstances in which the act was committed;
• the personal characteristics of the accused;
• the consequences;
• mitigating circumstances;
• aggravating circumstances.

69. Practical Significance of the Victim's Pregnancy in Sentencing

Pregnancy may have two different meanings in this context.

The first is a qualifying circumstance, where the accused was knowingly aware of the pregnancy: subparagraph 3) of Part 2 of Article 110 of the Criminal Code.

The second is an actual circumstance characterizing the degree of public danger of the specific act, which the court may assess when sentencing in accordance with the general principles of the Criminal Code.

However, the same circumstance must not automatically be taken into account twice in a manner contrary to the principles of criminal law.

Where the legislature has incorporated a circumstance into the elements of an offense as a qualifying feature, caution must be exercised before taking that same circumstance into account again as an aggravating circumstance.

70. Significance of the 2024 Law

For acts committed after June 16, 2024, the new version of Article 110 introduced by Law No. 72-VIII of the Republic of Kazakhstan dated April 15, 2024, must be taken into account.

The Supreme Court specifically noted that the amendments apply from June 16, 2024, and that criminal legislation worsening a person's position has no retroactive effect. (Adilet)

This is extremely important for earlier cases.

If the act was committed before June 16, 2024, the new version of Article 110, insofar as it worsens the accused's position, must not be applied automatically.

The version of the law in force at the time of the act must be compared with subsequent versions.

71. Specific Features of Cases Involving Prolonged Violence

Where violence has occurred over an extended period, the lawyer must establish:

• the date of each episode;
• the nature of each episode;
• whether there was a single continuing intent or separate intentions;
• the consequences;
• the evidence relating to each episode;
• the victim's age;
• whether the victim was pregnant during the relevant period;
• when the accused learned about the pregnancy.

It is particularly important not to automatically attribute a pregnancy that existed during one period to all subsequent or preceding episodes.

The qualifying circumstance must exist at the time the specific act was committed.

72. Qualification Example No. 1

A husband systematically beats his wife.

The wife is not pregnant.

The following circumstances have been established:

• multiple blows;
• infliction of pain;
• humiliation;
• prolonged violence;
• a purpose of inflicting suffering.

Qualification:

Part 1 of Article 110 of the Criminal Code, provided that none of the qualifying circumstances specified in Part 2 are present.

The fact that the victim is a woman does not, by itself, automatically place the case under Part 2.

73. Qualification Example No. 2

A husband knows that his wife is pregnant.

He strikes her several times, strangles her, ties her up, and continues the violence despite her requests to stop.

The following circumstances have been established:

• pregnancy;
• the husband's knowledge of the pregnancy;
• acts of physical violence;
• physical suffering;
• particular cruelty;
• a purpose of inflicting suffering.

Where no circumstances precluding the application of Article 110 are present, the following provision may apply:

Subparagraph 3) of Part 2 of Article 110 of the Criminal Code.

74. Qualification Example No. 3

A husband beats his pregnant wife.

However, the prosecution has not proven that he knew about the pregnancy.

The medical records confirm the pregnancy, but:

• the pregnancy is at an early stage;
• the woman did not tell her husband;
• there are no witnesses confirming that she informed him;
• there is no correspondence;
• the accused denies knowing about the pregnancy.

In such circumstances, the fact of pregnancy alone does not establish that the element of the accused being “knowingly aware” of the pregnancy has been proven.

The court must assess the body of evidence specifically in relation to the question of the accused's knowledge.

75. Qualification Example No. 4

The accused knew about the pregnancy.

During an argument, he struck the woman once.

The injury is minor.

At the same time, there is no evidence of:

• torture;
• humiliation and mockery;
• particular cruelty;
• a specific purpose of inflicting suffering.

The fact of pregnancy alone does not automatically transform a single act of physical violence into torture.

The possibility of a different, appropriate legal classification must be considered.

76. Qualification Example No. 5

For several hours, the accused ties up a pregnant woman, causes her pain, deprives her of water, threatens and humiliates her, and prevents her from seeking medical assistance.

In this case, the totality of the circumstances is more characteristic of the elements of torture.

If the pregnancy and the accused's knowledge of it are proven, the application of subparagraph 3) of Part 2 of Article 110 of the Criminal Code may be considered.

If other independent criminal offenses are established at the same time — for example, unlawful deprivation of liberty, threats, or other crimes — the issue of the aggregate of criminal offenses must be resolved.

77. Supreme Court Practice — A Binding Guideline

In its regulatory resolutions, the Supreme Court consistently emphasizes the need for:

• strict compliance with criminal law;
• individualized legal qualification;
• examination of every element of the offense;
• assessment of evidence in its entirety;
• exclusion of evidence obtained in violation of the law;
• correct differentiation between similar criminal offenses.

Therefore, when preparing a legal position under Article 110, it is insufficient to refer only to the text of the article.

It is necessary to use the regulatory resolution concerning crimes against life and health, the resolution on the assessment of evidence, the resolution concerning judicial judgments, and the resolution on reconciliation.

78. Final Legal Framework

To qualify the torture of a pregnant woman, the following combination of circumstances must be established.

Object of the crime

→ a person's physical and psychological inviolability.

Objective elements

→ intentional acts of physical violence;

→ infliction of physical and/or psychological suffering;

→ particular cruelty or humiliation and mockery;

→ acts directed at inflicting suffering.

Consequences

→ under Part 1, no serious or moderate harm to health is inflicted.

Subjective elements

→ intent;

→ a specific purpose of inflicting suffering.

Special qualifying circumstance

→ the victim is a pregnant woman;

→ the accused is knowingly aware of the pregnancy.

Final qualification

→ subparagraph 3) of Part 2 of Article 110 of the Criminal Code of the Republic of Kazakhstan.

79. Table of Qualification Issues

80. Key Sources on ZakonPravo.kz

For practical work, I recommend directly using the following materials.

Article 110 of the Criminal Code of the Republic of Kazakhstan — “Torture”: Article 110 of the Criminal Code — Torture

Article 32 of the Criminal Procedure Code of the Republic of Kazakhstan — private, private-public, and public prosecution: Article 32 of the Criminal Procedure Code

Article 71 of the Criminal Procedure Code of the Republic of Kazakhstan — the victim: Article 71 of the Criminal Procedure Code

Article 68 of the Criminal Code of the Republic of Kazakhstan — reconciliation: Article 68 of the Criminal Code

Article 71 of the Criminal Code of the Republic of Kazakhstan — limitation period for criminal prosecution: Article 71 of the Criminal Code

Article 306 of the Criminal Procedure Code of the Republic of Kazakhstan — criminal cases falling within the jurisdiction of district and equivalent courts: Article 306 of the Criminal Procedure Code

Article 147 of the Criminal Procedure Code of the Republic of Kazakhstan — detention in custody: Article 147 of the Criminal Procedure Code

Article 668 of the Tax Code — exemption from payment of state duties: Article 668 of the Tax Code of the Republic of Kazakhstan

Article 178 of the Civil Code of the Republic of Kazakhstan — limitation periods for claims: Article 178 of the Civil Code

Article 185 of the Civil Code of the Republic of Kazakhstan — restoration of the limitation period: Article 185 of the Civil Code

Article 187 of the Civil Code of the Republic of Kazakhstan — claims to which the limitation period does not apply: Article 187 of the Civil Code

Article 20 of the Law on the Prevention of Domestic Violence — protective order: Article 20 — Protective Order

Article 17 of the Law on the Prevention of Domestic Violence: Article 17 — Individual Preventive Measures

Regulatory Resolution No. 1 of the Supreme Court of the Republic of Kazakhstan dated May 11, 2007 — crimes against life and health: Regulatory Resolution No. 1 of the Supreme Court — Qualification of Crimes Against Life and Health

Regulatory Resolution No. 7 of the Supreme Court of the Republic of Kazakhstan dated December 28, 2009 — torture, violence, and human dignity: Regulatory Resolution No. 7 of the Supreme Court — Torture, Violence, and Cruel Treatment

Regulatory Resolution No. 4 of the Supreme Court of the Republic of Kazakhstan dated April 20, 2006 — assessment of evidence: Regulatory Resolution No. 4 of the Supreme Court — Assessment of Evidence in Criminal Cases

Regulatory Resolution No. 4 of the Supreme Court of the Republic of Kazakhstan dated April 20, 2018 — judicial judgments: Regulatory Resolution No. 4 of the Supreme Court — On Judicial Judgments

Regulatory Resolution No. 16 of the Supreme Court of the Republic of Kazakhstan dated November 26, 2004 — forensic examinations: Regulatory Resolution No. 16 of the Supreme Court — Forensic Examinations in Criminal Cases

Regulatory Resolution No. 4 of the Supreme Court of the Republic of Kazakhstan dated June 21, 2001 — application of Article 68 of the Criminal Code: Regulatory Resolution No. 4 of the Supreme Court — Judicial Practice on Reconciliation

Regulatory Resolution No. 1 of the Supreme Court of the Republic of Kazakhstan dated May 29, 2025 — cassation proceedings in criminal cases: Regulatory Resolution No. 1 of the Supreme Court dated May 29, 2025

Article 10 of the Law on Legal Acts — hierarchy of regulatory legal acts: Article 10 of the Law on Legal Acts

81. Conclusion

The most important legal conclusion is that “torture against a woman” and “torture against a pregnant woman” are not the same concept.

Where the victim is a woman who is not pregnant, or where the pregnancy-related qualifying circumstance does not apply, Part 1 or the relevant provision of Part 2 of Article 110 of the Criminal Code may apply if other qualifying circumstances are present.

Where the victim is a pregnant woman, the special qualifying circumstance provided for in subparagraph 3) of Part 2 of Article 110 of the Criminal Code applies. However, the accused's knowing awareness of the pregnancy must be proven.

From June 16, 2024, the structure of Article 110 changed significantly: the legislature abandoned the mandatory connection between the elements of the offense and the systematic commission of beatings and instead formulated the offense in terms of intentional acts of physical violence, particular cruelty, humiliation and mockery, physical or psychological suffering, and the purpose of inflicting suffering. The Supreme Court subsequently provided a specific interpretation of this structure. (Adilet)

For a criminal case, the most important factor is the body of evidence as a whole. The victim's testimony must be compared with medical records, expert examinations, video recordings, audio recordings, correspondence, witness testimony, police materials, and other sources. This approach follows from the Supreme Court's regulatory resolution concerning the assessment of evidence. (Law and Law)

In cases involving pregnancy, it is particularly important to distinguish between proving the pregnancy itself and proving that the accused was knowingly aware of it.

From a procedural perspective, Part 1 of Article 110 of the Criminal Code falls under private-public prosecution, whereas Part 2 falls under public prosecution. Therefore, criminal proceedings concerning the torture of a pregnant woman do not depend on whether the victim supports the prosecution. (Law and Law)

The issue of reconciliation must also be considered separately under Article 68 of the Criminal Code. Under Part 1, reconciliation may result in exemption from criminal liability if the conditions established by law are satisfied. Under Part 2, the application of Part 2 of Article 68 depends on the special status of the perpetrator and other conditions established by law.

Finally, in domestic and family violence cases, criminal proceedings must not be considered in isolation. A protective order, special requirements concerning behavior, previous reports to the police, and other preventive measures may serve both as means of protecting the victim and as materials of evidentiary significance when establishing the circumstances of the case. (Law and Law)

For legal practice, the key formula concerning subparagraph 3) of Part 2 of Article 110 of the Criminal Code of the Republic of Kazakhstan is as follows:

Intentional acts of physical violence + physical/psychological suffering + particular cruelty or humiliation and mockery + the purpose of inflicting suffering + the absence of a need for a different classification based on the severity of harm to health + the victim's pregnancy + proof that the perpetrator was knowingly aware of the pregnancy.

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