Kazakhstan: WWII veterans and pregnant women can count on amnesty
The Ministry of Internal Affairs of Kazakhstan published on the portal of open normative legal acts a draft law “On amnesty in connection with the 30th anniversary of the Independence of the Republic of Kazakhstan”. Public discussion of the draft law will last until March 5.
According to the explanatory note, this bill was developed on behalf of the head of state in order to humanize criminal policy. The bill is aimed at full or partial release from punishment, reduction of the unserved part of the punishment, termination of criminal prosecution against an individually undefined circle of people, as well as a reduction in the number of persons held in institutions of the penal system and registered with the probation service.
The bill proposes to exempt from criminal liability and punishment on the occasion of the 30th anniversary of the country’s independence, persons who have committed: a criminal offense or a crime of minor gravity, a crime of average gravity, not having damage caused by a criminal offense and other claims, or fully compensating them, as well as socially vulnerable persons who have committed a crime of average gravity.
The Ministry of Internal Affairs of Kazakhstan proposes to include as socially vulnerable the following persons: participants and invalids of the Great Patriotic War and persons equated to them; widows of military personnel of the Armed Forces, other troops and military formations, including the former USSR, who died or disappeared while performing military or international duty (who didn’t enter into another registered marriage), as well as wives of war invalids and persons equated to them; who have not reached the age of eighteen at the time of the crime; women who are fifty years old and older; men who are sixty and older on the day this Law comes into force; women who are pregnant on the day of entry of this Law into force; women who are not deprived of parental rights and have children (who haven’t reached the age of 18 on the day this Law enters into force), including those adopted or taken under guardianship, or who, at the time of the crime and conviction, had dependent children with disabilities, regardless on their age; men who, on the day of entry of this Law into force, are the only parent of minor children and are not deprived of parental rights; persons with disabilities of the first and second groups, recognized as such before this Law comes into force.
For socially vulnerable persons who have committed grave crimes, the sentence is also proposed to be reduced by 1/2 part, especially grave crimes – by 1/4 part.
Those who have committed crimes of average gravity, but don’t fall under the requirements of the bill, are proposed to reduce the punishment by one half.
The period for those who have committed more serious crimes, but have made full compensation for damage, is reduced by 1/5, and especially serious crimes – by 1/3. If there is no compensation for damage, then for persons who have committed grave crimes, the term of serving the sentence is reduced by 1/5, for especially grave crimes – by 1/6.
At the same time, the bill specifies that the following convicts cannot count on amnesty: convicted of torture; terrorists and extremists; pedophiles; rapists; rapists who forced to sodomy, lesbianism; convicted for the corruption of minors; who committed grave and especially grave crimes against the person; pimps who used minors; child traffickers; economic smugglers; car thieves; robbers; extortionists; who escaped from arrest or correctional institution; violators of rules and order in correctional institutions; who committed grave and especially grave corruption crimes; members of organized crime groups and others.
“The draft law is aimed at releasing those convicted of crimes that don’t pose a serious threat to the security of citizens and the state. From the point of view of socio-economic consequences from the adoption of the draft law, a decrease in the number of persons held in institutions of the penitentiary system is expected, the termination of criminal cases and cases not considered by courts on crimes of small and medium gravity committed before the entry into force of this draft Law, a decrease workload on the staff of the penal system. Under the economic consequences, a significant improvement is expected in the level of material and household provision of persons who don’t fall under the amnesty and continue to serve their sentences; the possibility of improving the standards of medical and sanitary requirements for detention conditions. The working conditions of the administration and employees of the penitentiary system will be also improved to ensure the regime in institutions and other conditions of their service and social protection,” says the explanatory note to the bill.
It also says that the budget funds, saved in case of the adoption of this law, will be used to finance the penal system and the introduction of international legal standards, including the transfer to chamber types of prisons.
