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LAW OF THE REPUBLIC OF KAZAKHSTAN

of October 5, 1994 No. 174-XIII

About amnesty in connection with the International year of family

As the presidential decree of the Republic of Kazakhstan of the valid law "About Acts of the Supreme Council of the Republic of Kazakhstan" of March 23, 1995 it is recognized using the force and having legal from the date of enforcement.

Due to the carrying out in 1994 the International year of family and being guided by the principles of humanity, the Supreme Council of the Republic of Kazakhstan DECIDES:

1. Exempt from custodial sanction or from the punishment which is not connected with imprisonment, minors:

a) earlier not containing in educational and labor colonies, irrespective of the appointed punishment term;

b) the items "and" of this Article which are not getting under action condemned for a period of up to three years of imprisonment inclusive.

2. Exempt from custodial sanction or from the punishment which is not connected with imprisonment of women irrespective of the appointed punishment term;

a) the having children aged up to 16 years, handicapped children of I and II groups, and also expectant mothers;

b) the widows of the military personnel who died in case of accomplishment of military and international duty, having husbands - disabled veterans and persons equated to them;

3. Exempt from custodial sanction or from the punishment which is not connected with imprisonment and irrespective of the appointed punishment measure:

a) participants and disabled people of the Great Patriotic War of 1941-1945, and also persons equated to them;

b) 60 years are more senior than men, 55 years are more senior than women;

c) disabled people of I and II groups;

d) the men having children aged up to 16 years which mother died or it is deprived of the parent rights.

4. Exempt from places of detention of the convicts who are not getting under operation of articles 1-3 of this Law, unexpired part of punishment at which constitutes less than six months.

5. Exempt from punishment of the convicts who are not getting under operation of articles 1-3 of this Law transferred to colonies settlements for persons who firmly followed way of correction if on the date of the introduction of this Law in force they served half of sentence of punishment.

6. Exempt from punishment in the form of the reference and expulsion of convicts to whom this punishment is applied in the form of the main or additional.

7. Exempt from punishment of persons condemned to the punishment measures which are not connected with imprisonment if this punishment is applied in the form of the basic and is not replaced with imprisonment.

8. Cut by half unexpired part of punishment to the persons which are not getting under operation of articles 1-3 of this Law, condemned for the crimes committed on imprudence.

9. Cut by half unexpired part of punishment to the persons for the first time condemned for a period of up to three years of imprisonment inclusive and who are not subject to release based on articles 1-3 of this Law.

10. Reduce by one third unexpired part of punishment to the convicts who left one third of punishment in the correctional institutions previously convicted to imprisonment no more once and articles 1-3 of this Law which are not getting under action.

11. Cut by half unexpired part of punishment to minors aged from 14 up to 16 years, not getting under operation of article 1 of this Law, condemned for the crimes provided by Articles 132, of 133, 200 UK.

12. Stop production all investigative cases and cases which are not considered by courts on the crimes committed to the introduction of this Law in force by persons listed in articles 1-3 of the Law.

13. Operation of articles 1-10, 12 of this Law does not extend to convicts and brought to trial:

a) for the crimes provided by Articles 50-75-1, parts 3, 4 Articles 76, parts 2, of 3, 4 Articles 76-1, Articles 76-2, 76-5, 76-7, 88, of 93, 101; parts 3, 4 Articles 132, parts 2, 3, 4 Articles 133, Articles 134, 135, 146, 146-1, 147, 173-1, part 2 Articles 183, part 2 Articles 200, Article 203, part 2 of Article 212-1, Articles 213, 213-1, 213-2; parts 2, 3, 4 Articles 214, Articles 214-1, 221, Article Items and "v" 227, Article 229; Article 231 Items and "v"; Article 234; Article 238 Item; Item "in" of article 244 of the Criminal code of the Kazakh SSR;

b) recognized as especially dangerous recidivists;

c) previously convicted more than two times for intentional crimes;

d) earlier exempted from punishment according to the procedure of pardon or amnesty and again committed intentional crime;

e) not completed full course of treatment for alcoholism, drug addiction or venereal diseases;

e) it is malicious breaking the mode during serving of term of punishment.

14. Operations of this Law extends to persons condemned by courts of the Republic of Kazakhstan and military tribunals of USSR for the crimes committed in the territory of the republic.

15. This Law becomes effective from the date of its publication and is performed within six months.

 

President

Republic of Kazakhstan N. Nazarbayev

 

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