Article 49. Capital Punishment

1. Capital punishment, that is a sentence to be shot, as an exceptional form of punishment, may be established only for especially grave crimes infringing upon a person's life, as well as for crimes committed in war time, or in a combat situation, high treason, crimes against the peace and safety of mankind, and especially grave military crimes.

2. Capital punishment shall not be sentenced upon women, as well as persons who committed a crime under the age of eighteen, and men who reached the age of sixty-five by the moment of passing of a sentence by a court.

3. In the event that the President of the Republic of Kazakhstan introduces a moratorium on the execution of death penalty, the execution of a death sentence shall be suspended for the effective period of a moratorium.

4. A sentence of death shall be executed not earlier than upon the expiration of one year from the moment of its entering into force, as well as not earlier than upon the expiration of one year after the abolition of a death penalty moratorium.

5. In the procedure of a pardon, the death penalty may be replaced with a life imprisonment or with deprivation of freedom for a period of a twenty five years of enduring the punishment at a correction colony of special regime. Persons sentenced to death penalty shall, in the event of abolition of a death penalty moratorium have the right to petition for pardon, irrespective of whether or not they petitioned for that prior to the introduction of a moratorium.

Article 50. Deprivation of Special, Military, or Honorary Rank, Class Rank, Diplomatic Rank, Qualification Class, and State Awards

1. In case of a conviction for the commission of a grave or especially grave crime, subject to the personality of a given convict, a court may deprive him of an honorary, military, special, or other rank, class rank, diplomatic rank, or qualification class.

2. In case of conviction for the commission of a grave or especially grave crime of a person who has state awards of the Republic of Kazakhstan, or an honorary, military, special, or other rank, class rank, diplomatic rank, or a qualification class, which were awarded by the President of the Republic of Kazakhstan, a court, when passing a sentence, shall decide on the issue of the expediency of the submission to the President of the Republic of Kazakhstan of a recommendation to deprive a given convict of those awards, ranks, class rank, diplomatic rank, or a qualification class.

Date: 2014-12-21; view: 1010