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.

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.

Article 77. A Conviction

1. A person convicted for the commission of a crime shall be considered convicted from the day of the entering of a court's incriminating judgment into legal force until the moment of exculpation or removal of a conviction. In accordance with the present Code, a conviction shall be taken into consideration in case of a repetition of crime, criminal recidivism, and when appointing punishment.

2. A person exempt from punishment shall be recognised as not having a conviction.

3. A conviction shall be exculpated as follows:

a) with regard to persons convicted with a suspended sentence, upon the expiration of their probation period;

b) with regard to military servicemen who served punishment in the form of detention in a disciplinary military unit, restriction in military service, or detention under arrest, upon actual endurance of punishment;

c) with regard to persons convicted and sentenced to more lenient types of punishment than deprivation of freedom, upon the expiration of one year after the endurance of punishment;

d) with regard to persons convicted and sentenced to deprivation of freedom for a crime of a lesser or medium gravity, upon the expiration of three years after the endurance of punishment;

e) with regard to persons convicted and sentenced to deprivation of freedom for grave crimes, upon the expiration of six years after the endurance of punishment;

f) with regard to persons convicted for especially grave crimes, upon the expiration of eight years after the endurance of punishment.

4. If, through the procedure established by legislation, a convict was exempt from the endurance of punishment or an unserved term was substituted for a more lenient type of punishment, then the period of exculpation of a conviction shall be calculated based on the actually served term of punishment from the moment of release from the endurance of the principal and additional types of punishment.

5. If a convict after the endurance of punishment behaved without reproach, then, pursuant to his petition, a court may remove a conviction from him prior to the expiration of a period for its exculpation.

6. If, prior to the expiration of the term of exculpation of his conviction, a given convict committed a new crime, then the running of a period after which a given conviction is to be exculpated, shall be interrupted. A period of exculpation of a conviction under the first crime shall be calculated anew after the actual endurance of the principal and additional punishment for the last crime. In these cases a person shall be considered convicted for both crimes prior to the expiration of the period for exculpation of a conviction for a crime which is the more grave of them.

7. Exculpation or removal of a conviction shall cancel all legal consequences associated with a conviction.

Section VI. Criminal Liability of Juveniles

Date: 2014-12-21; view: 883