Explanation of the draft provisions of the Law on humanization of criminal and criminal procedure law

05 July 2018 Версия для печатиВерсия для печатиPDFPDF

In pursuance of the order of the Head of State given in the January Message "New Opportunities for Development in the Context of the Fourth Industrial Revolution", as well as the Plan of Nation, the General Prosecutor's Office drafted the Law "On Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Improving Criminal, Criminal Procedure legislation and the law enforcement and special bodies activities "

Today, this bill draft has been adopted by the Parliament of the Republic of Kazakhstan and will be submitted for signing by the President of the country.

The main provisions of the draft Law are aimed at further humanization and reducing the repressiveness of the criminal process.

Consistently conducted comprehensive reform of the criminal legal system shifted the emphasis from the punitive-repressive and accusatory bias to the human rights direction.

The criminal situation has changed. Annually crime is reduced by 7-10%.

Thanks to systemic measures, Kazakhstan in the Prison Population Index rose to 78th place among over 220 states.

In places of deprivation of liberty there are 34 thousand prisoners against 100 thousand in the early 90's. The draft law concerns two areas.

The first is strengthening the protection of the constitutional rights of citizens and the humanization of law enforcement.

To this end, the Criminal Code amended 255 Articles, in the Criminal Procedure Code - in 16 and the Penal Code - in 6 Articles.

The Law reduced by a third the minimum size of the pledge, and its upper limit is established for acts of small and medium gravity.

 The investigating authorities and the court are now obliged to consider the possibility of applying milder measures and to justify the reasons why their application is impossible.

It is prohibited to separate a criminal case into a separate proceeding against persons with whom a procedural agreement has been concluded in the form of a plea bargain.

Public works are being introduced for committing crimes of small and medium gravity, where a fine is provided as one of the punishment. This amendment does not apply to criminal acts that entailed the death of a person. 

 According to 19 crimes, courts can impose a restriction of freedom, including 11 grave convictions (theft, embezzlement, fraud, negligence, etc.).

The limits of the fine are more than 2 times lower, as well as the correction of the term of arrest for misdemeanors, with compliance with the hierarchy of sanctions of administrative and criminal law.

For crimes against property, in the sphere of economy and some others, the thresholds for significant, large and especially large amounts of damage necessary for the onset of criminal responsibility are increased twofold.

For 36 crimes, the upper limit of deprivation of liberty is reduced.

The limitation period for bringing to criminal responsibility for grave (from 15 to 10 years) and especially grave (from 20 to 15 years) crimes decrease for 5 years.

 A number of amendments are aimed at the broad application of the release on parole of convicted persons and the replacement of their punishment by milder ones.

A court's refusal to use one of these procedures will not be an obstacle to making an application for another.

The conditions for serving a sentence in the form of deprivation of liberty through the direction of socially not dangerous convicted persons in institutions with a minimum level of security are softened.

The procedure for collecting criminal fines is facilitated. Based on the experience of OECD countries, the maximum period for paying a fine from 6 months to 3 years has been increased.

 The convicted persons may be exempt from procedural costs by the court. Now their size sometimes exceeds the penalty itself. 

The total period of forced labor is reduced to 100 hours per year. To convicted persons who have a permanent place of work or engaged in studies, forced labor will not be applied.

The second direction is the improvement of the of internal affairs bodies activity.

 Regional police departments of the Ministry of Internal Affairs will be established on the basis of the departments of internal affairs and the local police service. This will preserve the principles of unity of command and the vertical of subordination.

On the proposal of the Minister of Internal Affairs, regional akims will appoint and dismiss chiefs of police departments. This will increase the effectiveness of crime prevention.

Additional forms and methods for the prevention of recidivist offenses and offenses committed in a state of intoxication are introduced.

In general, the draft Law along with the humanization of law enforcement activities will ensure the strengthening of the rule of law principles.

 

 

 

Press Office of the General Prosecutor’s Office

 

 

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