Article 78. Release from criminal responsibility and punishment on the basis of an act of amnesty or pardon
3. An act of pardon of individually defined person, in relation of whom a guilty verdict is entered into legal force, and equally the persons, serving or served a sentence in the territory of the Republic of Kazakhstan, as well as imposed by court verdict of foreign state shall be issued by the President of the Republic of Kazakhstan.
4. Upon pardon a person, convicted for the crime may be released from further service of sentence or his (her) imposed punishment may be commuted by more lenient type of punishment, or such person may be released from additional type of punishment. A conviction may be released by act of pardon from the person, served a sentence or convicted from its further service.
Article 15
1. Everyone shall have the right to life.
2. No one shall have the right to deprive life of a person arbitrarily. The death penalty is established by law as an exceptional punishment for terrorist offenses involving the death of people, as well as for particularly serious crimes committed in wartime, with giving the sentenced person the right to seek pardon. <*>
Footnote: See resolution of the Constitutional Council of the Republic of Kazakhstan No. 10 dated January 30, 2003;
Footnote: Article 15 as amended by the Law of Republic of Kazakhstan No. 254 dated May 21, 2007 (shall be applied from the date of its official publication).
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
3. An act of pardon of an individually defined person, with regard to whom an incriminating judgment came into legal force, shall be issued by the President of the Republic of Kazakhstan.
4. In case of a pardon, a person having been convicted for a crime may be exempt from further endurance of punishment, or punishment sentenced upon him may be reduced or substituted for a more lenient type of punishment. An act of pardon may remove a conviction from a person having served his punishment.
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;