New Criminal Code to come into effect in Kazakhstan on Jan 1, 2015

Iogan Merkel. Credit:ortcom.kzFirst Deputy Prosecutor General of Kazakhstan Iogan Merkel told about the reformation of the Criminal Procedure Code at Wednesday’s media briefing in Astana, reads the press release of the Central Communications Service (CCS).

“New Criminal Code will come into effect on January 1, 2015”, - Johann Merkel said. According to him, the draft documents have "revolutionary norms" and the prosecuting authorities need time to prepare to its implementation.

The process of development of the new Criminal Code

“The international two-section system of penal acts consisting of crimes and criminal infractions was a new thing in this draft Criminal Code. Administrative violations were added to the number of penal acts” I. Merkel said.

Besides, I. Merkel emphasized that the draft code provides for 171 criminal infractions and 58 of them are from the Administrative Code, 9 new ones and 104 existing ones.

Any offenses against children and teenagers will be punished with special severity

“In the draft Code, we tried to create measures on combating any kinds of crime especially in those spheres where criminal elements are very active now. Any offenses against children and teenagers will be punished with special severity. However, the draft Code provides mitigation of punishment for those who committed a crime for the first time as well as for representatives of vulnerable social groups, teenagers, women, pensioners,” the speaker told.

According to the First Deputy Prosecutor General, the penalties for crimes against minors are stiffened. Besides, a life ban for any activities related to the work with children is introduced for sex offenders of children.

The notion of “fast track procedure” is introduced into the criminal proceeding

“The institute of so-called “fast track procedure” is introduced into the criminal proceeding. The fast track procedure is completed in 10 days since the registration. It provides for simplified investigative procedures on patent crimes and punishment will not exceed a half of the maximum penalty if the convict agrees for such kind of procedure,” I.Merkel said.

According to him, a mandatory ground for application of this method will be fully admission of guilt by a suspect and acceptance of the amount of caused damage.

I.Merkel also said about the work of the investigating judge 

“A position of the investigating judge is introduced for expanding the judicial control of pre-investigation proceeding. We believe that this position will help to ensure the effective two-level mechanism of control over the observance of the rights of our citizens” I. Merkel said.

“The investigating judge will responsible for consideration of petitions regarding sanctioning minor crimes. It means detention: home arrest, extension of the time, involuntary confinement of people to medical institutions, etc.” I. Merkel concluded.