Article 77
1. A judge in the administration of justice is independent and subject only to the Constitution and the law.
2. Any interference with the court’s administration of justice is unacceptable and punishable by law. Judges are not accountable for specific cases.
3 When applying the law, the judge shall be guided by the following principles:
1) a person is considered to be innocent of committing a crime until his guilt is recognized by the court judgment that has entered into legal force;
2) no one may be subjected to repeated criminal or administrative liability for the same offense;
3) no one’s court jurisdiction, provided for him by law, can be changed without his consent;
4) everyone has the right to be heard in court;
5) laws that establish or strengthen liability, impose new duties on citizens or worsen their situation, do not have retroactive effect. If, after committing the offense, the responsibility for it is cancelled or mitigated by law, the new law shall be applied;
6) the accused is not obliged to prove his innocence;
7) no one is obliged to testify against himself, or his spouse (-s) and close relatives, whose circle is determined by law. Priests are not obliged to testify against those who confided in them at confession;
8) any doubts about the guilt of the person shall be interpreted in favour of the accused;
9) evidence obtained in an unlawful manner is not legally binding. No one can be convicted solely on the basis of his own confession
10) the application of criminal law by analogy is not allowed.
4. The principles of justice established by the Constitution are common and uniform for all courts and judges of the Republic.
Footnote. See the resolutions of the Constitutional Council of the Republic of Kazakhstan dated
10.03.1999 No. 2/2; dated April 18, 2007, No. 4.
Section I. Criminal Law
Article 4. The Action of the Criminal Code in Time
The criminality and punishability of an act shall be defined by the law which was in effect during the time of the commission of that crime. The time of the commission of a socially dangerous act (failure to act), irrespective of the time of the emergence of consequences, shall be recognised as the time of the commission of a given crime.
Section I. Criminal Law
Article 5. Retroactivity of Criminal Law
1. A law which eliminates the criminality or punishability of a given act, and which mitigates liability or punishment for it, or which otherwise improves the status of a person who committed it, shall have retroactive force, that is, it shall apply to persons who committed relevant crimes prior to its introduction into effect, including persons who are serving their terms, or have served but still had a conviction on their record.
2. If a new criminal law mitigates punishability of a given act for which a person is serving a term, then the appointed punishment shall be subject to reduction within the sanctions of that newly adopted criminal law.
3. A law, which establishes criminality or punishability of an act, which increases liability or punishment, or otherwise deteriorates the status of a person who committed that act, shall not be retroactive.
2. If a State becomes a Party to this Statute after its entry into force, the Court may exercise its jurisdiction only with respect to crimes committed after the entry into force of this Statute for that State, unless that State has made a declaration under article 12, paragraph 3.
1. No person shall be criminally responsible under this Statute for conduct prior to the entry into force of the Statute.
2. In the event of a change in the law applicable to a given case prior to a final judgement, the law more favourable to the person being investigated, prosecuted or convicted shall apply.