Amnesty content

Kazakhstan

Kazakhstan - Criminal Code 2014 (2023) EN

Article 78. Release from criminal responsibility and punishment on the basis of an act of amnesty or pardon

1. An act of amnesty shall be issued by the Parliament of the Republic of Kazakhstan in relation of individually undetermined set of people.

2. On the basis of an act of amnesty, the persons, convicted a criminal offence or crime of little or average gravity may be released from criminal responsibility. Persons, convicted for commission of criminal offence or crime of little or average gravity may be released from punishment or his (her) imposed punishment may be reduced or commuted by more lenient type of punishment, or such person may be released from additional type of punishment. The term of imposed punishment may be reduced to the persons, convicted for commission of grievous or especially grave crime. A conviction may be released by an act of amnesty from the persons, served a sentence or convicted from its further service.

Kazakhstan - Criminal Code 1997 (2004) EN

Section V. Exemption from Criminal Liability and Punishment

Article 76. Exemption from Criminal Liability and Punishment on the Basis of an Act of Amnesty or Pardon

1. An act of amnesty shall be issued by the Parliament of the Republic of Kazakhstan with regard to a circle of persons who are not individually defined.

2. On the basis of an amnesty act, persons having committed crimes may be exempt from criminal liability. Persons convicted for the commission of a crime may be either exempt from punishment, or punishment sentenced upon them may be reduced or substituted for a more lenient type of punishment, or such persons may be exempt form an additional type of punishment. From persons who served punishment or are released from its further endurance, an amnesty act may remove a conviction.

Rome Statute

Article 17 Issues of admissibility

1. Having regard to paragraph 10 of the Preamble and article 1, the Court shall determine that a case is inadmissible where:

(b) The case has been investigated by a State which has jurisdiction over it and the State has decided not to prosecute the person concerned, unless the decision resulted from the unwillingness or inability of the State genuinely to prosecute;