Billions in fines to be written off for Kazakhstanis - Tokayev signed the amnesty law

Tengrinews.kz — President Tokayev has signed the amnesty law, citing the Akorda presidential residence.

The Head of State has signed the Law of the Republic of Kazakhstan "On Amnesty in Connection with the Adoption of the New Constitution of the Republic of Kazakhstan".

The President also signed the law "On Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Enforcement Proceedings, the Status of Bailiffs, and Crime Prevention," as well as the law "On Amendments and Additions to the Criminal Code, the Criminal Procedure Code, and the Code of Administrative Offenses of the Republic of Kazakhstan."

As a reminder, on June 11 of this year, Senate deputies approved the law "On Amnesty in Connection with the Adoption of the New Constitution of Kazakhstan." The law was initiated by members of Parliament and is aimed at humanizing criminal policy. The document was developed following the President's instructions.

Who is covered by the amnesty law

Persons who have committed criminal misdemeanors and minor offenses will be exempted from criminal liability or their primary punishment.

The amnesty will also apply to:

• those convicted of medium-gravity crimes — the unserved portion of the sentence will be reduced by half;
• those convicted of serious crimes who have fully compensated for damages — the term will be reduced by one-third;
• those convicted of especially serious crimes who have fully compensated for damages — the term will be reduced by one-quarter;
• those convicted of serious crimes who have not compensated for damages — the term will be reduced by one-quarter;
• those convicted of especially serious crimes who have not compensated for damages — the term will be reduced by one-fifth;
• convicts with no record of behavioral violations who have no more than one year left to serve at the time of the amnesty — for the entire remaining term.

Who is excluded from the amnesty

The following categories are excluded from the amnesty:

• those convicted of terrorist crimes;
• those convicted of extremist crimes;
• those convicted of corruption offenses;
• members of organized criminal groups;
• those convicted of torture;
• those convicted of crimes against the sexual integrity of minors;
• repeat offenders;
• those sentenced to life imprisonment;
• persons convicted in absentia.

First administrative amnesty

A separate provision of the law establishes the first administrative amnesty in the history of independent Kazakhstan.

The following will be exempt from administrative fines:

• citizens;
• individual entrepreneurs;
• notaries;
• attorneys;
• private bailiffs;
• legal consultants.

This applies to fines that remain unpaid at the time the law comes into force and fall under the jurisdiction of the authorized bodies.

The amnesty will not affect:

• fines imposed by courts;
• fines for offenses posing a threat to the security of citizens and the state.

For the first time in independent Kazakhstan's history, the ongoing administrative amnesty waives fines for offenses covered by more than 260 articles of the Code of Administrative Offenses.

According to the Ministry of Internal Affairs, for offenses handled by internal affairs bodies alone, the amnesty will cover approximately 1 million fines totaling over 17 billion tenge.

"The amnesty helps reduce the financial burden on citizens. However, the administrative amnesty will not affect individuals who have committed the most serious offenses, including those related to illegal arms and drug trafficking, traffic violations (driving under the influence, driving into oncoming traffic, and other violations leading to the revocation of driving privileges), as well as repeat offenders," the Ministry of Internal Affairs noted.

How many people fall under the amnesty

According to preliminary estimates, the amnesty will affect more than 15,300 convicts. Of these, about 4,500 people may be released from criminal liability and punishment, while another 10,800 convicts will have their sentences or primary penalties reduced.

The administrative amnesty will be implemented automatically through state information systems, without the need for citizens to apply to government authorities.

It is important to note that the amnesty (both criminal and administrative) is a one-time measure. In the event of a repeat offense, those granted amnesty will be held liable on general grounds.

Previously, President Kassym-Jomart Tokayev announced an administrative amnesty during an event dedicated to the adoption of the new Constitution. The Head of State noted that the measure concerns offenses that do not pose a threat to the safety of citizens or the state.

We previously reported in detail on who will be affected by the amnesty, which fines are set to be written off automatically, whether Kuandyk Bishimbayev and Perizat Kairat can expect a sentence reduction, and why the authorities decided to conduct the amnesty now. For more details – follow the link.