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LAW OF THE REPUBLIC OF KAZAKHSTAN

of January 9, 2006 No. 113-III ZRK

About amnesty in connection with the celebration of the Independence Day of the Republic of Kazakhstan

Due to the celebration of the Independence Day of the Republic of Kazakhstan, being guided by the principles of humanity, this Law is adopted.

Article 1. Exempt from punishment of convicts for crimes of small and average weight:

1) minors;

2) the women having minor children or handicapped children of I and II groups which are in their dependence and also expectant mothers;

3) disabled people of I and II groups;

4) the women and men who reached retirement age.

Article 2. Exempt from custodial sanction of the convicts for crimes of small and average weight who are not falling under operation of article 1 of this Law if they served at least one third of the appointed punishment sentence.

Article 3. Exempt from custodial sanction of the persons listed in article 1 of this Law condemned for serious crimes if they served at least one third of the appointed punishment sentence.

Article 4. Exempt from punishment of persons which are not falling under operation of articles 1, of 2, 3 presents of the Law, convicts for the first time to imprisonment for serious crimes if they served at least a half of the appointed punishment sentence.

Article 5. Exempt from punishment of the persons which are not falling under operation of articles 1, of 2, of 3, 4 presents of the Law, condemned to imprisonment which during execution of the act of amnesty, the stipulated in Clause 19 these Laws, it was necessary to serve sentence less than one year.

Article 6. Fall under operation of this Law:

3) the persons liable for call-up who evaded from appeal on military service and the military personnel who committed crimes of small or average weight before enforcement of this Law if they no later than six months after enforcement of this Law plead guilty in the nearest local authorities of military management, military investigating bodies, bodies of military prosecutor's office or military police;

4) persons condemned to the punishment types which are not connected with imprisonment if this punishment is applied in the form of the basic.

Article 7. Cut by half unexpired part of punishment to persons condemned to imprisonment who are not subject to release from punishment based on Articles 1, of 2, of 3, of 4, of 5, 6 these Laws:

1) condemned for crimes of small and average weight;

2) condemned for serious crimes if they served at least a half of the appointed punishment sentence;

3) condemned for especially serious crimes if they served at least two thirds of the appointed punishment sentence.

Article 8. Refuse initiation of legal proceedings and stop production all criminal cases and cases which are not considered by courts on the crimes committed before enforcement of this Law for which punishment up to five years of imprisonment or the punishment which is not connected with imprisonment is prescribed.

Article 9. Determine that:

1) persons which at the time of crime execution did not reach eighteen-year age concern persons specified in the subitem 1) of article 1 of this Law;

2) the women who are not deprived of the parent rights and having the children including adopted or taken under guardianship, who did not reach eighteen-year age on the date of enforcement of this Law or handicapped children of I and II groups irrespective of their age, the women having pregnancy on the date of enforcement of this Law treat persons specified in the subitem 2) of article 1 of this Law;

3) the disabled people of I and II groups recognized in the procedure established by the legislation as those before enforcement of this Law treat persons specified in the subitem 3) of article 1 of this Law;

4) women and men who reached retirement age according to the legislation of the Republic of Kazakhstan before introduction of this Law in action treat persons specified in the subitem 4) of article 1 of this Law. In the absence of the documents confirming day and month of the birth of these persons those should be considered the women who were born till January 1, 1947 and the men who were born till January 1, 1942.

Article 10. Operation of this Law does not extend to persons:

1) recognized according to the court verdict as especially dangerous recidivists, and also made the recurrence of crimes recognized dangerous or especially dangerous;

2) convicts to whom capital punishment is replaced according to the procedure of pardon with imprisonment and also which appoints lifelong imprisonment;

3) especially serious crimes condemned for making, except persons listed in the subitem 3) of article 7 of this Law;

4) especially serious crimes having criminal record for making, except persons listed in subitems 1), 2), 3), 4) of article 1 of this Law;

5) again committed intentional crime to which amnesty or pardon, except for persons whose former criminal record in the procedure established by the legislation was extinguished or removed were applied earlier;

6) recognized on the date of enforcement of this Law according to the legislation of the Republic of Kazakhstan by malicious violators of established procedure of serving sentence or committed intentional crimes in term of imprisonment;

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