LAW OF THE KAZAKH SOVIET SOCIALIST REPUBLIC

of February 16, 1991 N492-XII

About amnesty in connection with adoption of the Declaration on the state sovereignty of the Kazakh Soviet Socialist Republic

Due to the acceptance by the Supreme Council of the Kazakh SSR of the Declaration on the state sovereignty of the Kazakh Soviet Socialist Republic, proceeding from the principles of humanity, the Supreme Council of the Kazakh Soviet Socialist Republic DECIDES:

1. Exempt from serving sentence in the form of the imprisonment or punishment which are not connected with imprisonment irrespective of the appointed term of punishment, convicts:

a) being involved in fighting on protection of the Soviet Homeland;

b) awarded with awards and medals of the USSR;

c) disabled people of 1 and 2 groups;

d) the women having minor children, and also expectant mothers;

e) 60 years are more senior than men, 55 years are more senior than women.

2. Exempt from serving sentence of women, for the first time convicts to imprisonment for a period of up to five years inclusive and served at least one third of the appointed punishment sentence, and also women of convicts to the punishment which is not connected with imprisonment.

3. Exempt from punishment of the minors who served at least one third of the appointed sentence of custodial sanction and also the minors condemned to the punishment which is not connected with imprisonment.

4. Reduce by one third part of custodial sanction, unexpired by day of entry into force of this Law, condemned for the crimes committed on imprudence.

5. Exempt the convicts listed in articles 1 and 2 of the Law from serving of additional punishment in the form of the reference and dispatch.

6. Stop production all investigative cases and cases which are not considered by courts before entry into force of this Law on the crimes committed by persons listed in articles 1 and 2 of the Law.

7. Not apply amnesty to persons:

a) condemned for especially dangerous high treasons; gangsterism; actions, dezorganiziruyushchy work of correctional institutions; production or sale of counterfeit papers or securities; abuse of regulations about currency transactions, and also speculation in currency values;

b) recognized as especially dangerous recidivists;

c) condemned for premeditated murder (except for the murder committed and condition of strong shower nervousness or in case of excess of limits of justifiable defense); intentional heavy bodily harm (except for the heat passion caused in condition or in case of excess of limits of justifiable defense); infringement of life of the employee of militia or national combatant; rape in case of aggravating circumstances; kidnapping; plunder of the state-owned or public property in especially large sizes; plunder of the state-owned or public property by theft with penetration into the room or other storage; theft with penetration into the dwelling; robbery in case of aggravating circumstances; robbery; taking of a bribe, bribery or mediation, in bribery, made in case of aggravating circumstances; speculation in case of aggravating circumstances; the racketing made in case of aggravating circumstances; especially malicious hooliganism; involvement of minors in criminal activities; plunder of firearms, ammunition or explosives; plunder of drugs; inducement to consumption of drugs; illegal manufacture, acquisition, storage, transportation, transfer or sale of drugs; the organization or content of brothels for consumption of drugs or provision of rooms for these purposes; control of vehicles in state of intoxication;

d) earlier more than two times the offender to imprisonment for intentional crimes;

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

e) it is malicious breaking the mode during punishment stay;

g) not completed full course of treatment about alcoholism, drug addiction or venereal diseases.

8. This Law is applied to persons condemned by courts of the Kazakh SSR becomes effective from the date of its acceptance and is subject to execution within four months.

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