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LAW OF THE REPUBLIC OF KAZAKHSTAN

of December 7, 2021 No. 81-VII ZRK

About amnesty in connection with the thirtieth anniversary of Independence of the Republic of Kazakhstan

Due to the thirtieth anniversary of Independence of the Republic of Kazakhstan, being guided by the principle of humanity, this Law is adopted.

Article 1. The concept used in this Law

For the purpose of this Law treat socially vulnerable persons:

veterans and other persons on whom operation of the Law of the Republic of Kazakhstan "On veterans" expatiates;

persons which did not reach eighteen-year age at the time of making of criminal offense;

women to whom fifty years were performed and are more senior, men who performed sixty years and are more senior on the date of enforcement of this Law;

women, pregnant women on the date of enforcement of this Law;

the women who are not deprived of the parent rights and having the children including adopted (adopted) or taken under guardianship and (or) guardianship, who did not reach eighteen-year age on the date of enforcement of this Law, or having at the time of making of criminal offense and condemnation dependent on the handicapped child (handicapped children), and also the disabled person (disabled people) since the childhood irrespective of their age;

the men who are not deprived of the parent rights and being on the date of enforcement of this Law by the single parent of the minor children including adopted (adopted), or having at the time of making of criminal offense and condemnation dependent on the handicapped child (handicapped children), and also the disabled person (disabled people) since the childhood irrespective of their age;

the disabled people of the first or second group recognized as those according to the procedure, established by the legislation of the Republic of Kazakhstan, before enforcement of this Law.

Article 2. Release from criminal liability or primary punishment

1. Are exempted from criminal liability or primary punishment:

1) persons who committed criminal offenses and (or) crimes of small weight;

2) persons who committed the crimes of average weight which did not entail damnification, or completely it compensated or on which the civil action is not made;

3) socially vulnerable persons who committed crimes of average weight regardless of availability of damage or the civil action.

2. Are exempted from primary punishment condemned for making of crimes of average weight, not having negative degree of behavior which on the date of enforcement of this Law needed to serve sentence no more than one year.

3. The cases on the criminal offenses specified in Item 1 of this Article which are in production are subject to the termination by the body conducting criminal procedure with release of persons from criminal liability.

4. On the cases on criminal offenses, crimes of small or average weight which are in production of courts for which making obligatory purpose of additional punishment is provided persons specified in Item 1 of this Article are exempted by court from primary punishment.

5. The convicts falling under action of Item 1 of this Article are subject to release from further serving only of primary punishment.

Article 3. Reducing terms or amount of primary punishment

1. To the persons who committed crimes of average weight, not falling under action of subitems 2) and 3) of Item 1 of article 2 of this Law, the term or the size of unexpired or unexecuted part of primary punishment is reduced by the one second part.

2. Terms or the sizes of unexpired or unexecuted part of primary punishment to socially vulnerable persons who serve sentence or still did not perform it, are reduced:

1) on serious crimes - on the one second part;

2) on especially serious crimes - on the one fourth part.

3. Terms or the sizes of unexpired or unexecuted part of primary punishment to persons, except for socially vulnerable persons who serve sentence or still did not perform it, in case of full recovery of the damage caused by criminal offense and the claims imposed to them or in case of their absence are reduced:

1) on serious crimes - on the one third part;

2) on especially serious crimes - on the one fifth part.

4. Terms or the sizes of unexpired or unexecuted part of primary punishment to persons which are not falling under action of Item 3 of this Article are reduced:

1) on serious crimes - on the one fifth part;

2) on especially serious crimes - on the one sixth part.

5. To the persons condemned for making of heavy and especially serious crimes, who do not have negative degree of behavior which on the date of enforcement of this Law needed to serve sentence no more than one year the size of unexpired part of primary punishment is reduced.

Article 4. Persons to whom amnesty is not applied

Operation of this Law does not extend to persons:

1) committed terrorist crimes;

2) committed the extremist crimes or crimes containing extremism signs;

3) made tortures;

4) penalty to which is imposed in case of recurrence or dangerous recurrence of crimes;

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

6) committed crimes as a part of criminal group, organized group, the criminal organization, criminal society, transnational organized group, the transnational criminal organization, transnational criminal society, terrorist group, extremist group, gang or illegal paramilitary force;

Concerning which 7) punishment is performed and served sentence;

8) made criminal offenses in case of which set one of them does not fall under operation of this Law;

9) made the criminal offenses entering cumulative sentences, one of which does not fall under operation of this Law;

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