Majilis Approves Amnesty Bill Marking Constitution’s 30th Anniversary, Sends Document to Senate

The Majilis has approved the bill on amnesty in honor of the 30th anniversary of the Constitution and forwarded it to the Senate. The document was developed on the instructions of the President, Orda.kz reports.

This is the tenth amnesty implemented in Kazakhstan since independence. It primarily concerns individuals convicted of offenses that are not considered to pose a serious threat to society or the state.

The bill applies to those convicted of minor and medium-severity crimes, including individuals who have compensated for the damage caused. It also considers socially vulnerable groups, offering the possibility of sentence reduction or early release even if damage remains unaddressed.

Exemptions and Categories Not Covered

The amnesty will not apply to those convicted of:

• Disclosing state secrets
• Committing corruption-related crimes (e.g., bribery)
• Violations under newly added articles of the Criminal Code intended to strengthen crime prevention

Expected Impact and Numbers

According to MP Abzal Kuspan, Kazakhstan’s penal system currently includes more than 40,000 individuals—33,000 convicted and about 7,000 under investigation. An additional 27,000 people are registered with the probation service.

The amnesty is expected to apply to 6,000 convicted individuals and 9,000 under probation supervision.

In total, approximately 15,000 people will fall under the amnesty.

Of these:

• Around 632 prisoners will be released
• About 3,500 individuals on probation will be released
• Sentences will be reduced for 5,400 prisoners and 5,500 probationers

The law also includes provisions for 629 individuals categorized as socially vulnerable.

Among them:

• 57 will be released
• 572 will have their sentences reduced

The draft law on amnesty applies to 833 women, of whom 109 are to be released and 724 are to have their terms reduced. The small number of those released from institutions is due to the fact that the majority of them, namely 92%, are being held for serious and especially serious crimes, of which 16% are repeat offenders,
Kuspan noted. 

The amnesty will also apply to certain individuals imprisoned for offenses related to saiga antelope poaching. Of the 24 convicted for illegal hunting, 21 qualify for release. Those convicted of collecting horns from deceased saigas are also eligible for release.

However, amnesty does not eliminate financial obligations. Individuals may still owe damages to the state or environmental authorities.

This is damage caused to the state, the environment. The main punishment here is considered to be imprisonment, and after serving the term, the person is left with damage that must be compensated. And how he will do this — himself, with the help of judicial enforcers or through deductions from wages — this will be decided by state bodies,
Kuspan added. 

Since 2019, following stricter laws on environmental crimes, around 800 people have been convicted. Of these, 180 are currently in prison. Damage amounts range from several million to billions of tenge. The amnesty may fully release some and reduce sentences for others.

Discussion on Drug-related Offenses

In recent months, Parliament has received a growing number of appeals from the families of those convicted of drug stash-related offenses.

Many asked for their inclusion in the amnesty, citing first-time offenses committed out of ignorance.

However, MP Abzal Kuspan explained that this category was not included in the bill.

This issue was indeed discussed at the meetings. You know that this year the Criminal Code has been relaxed. Punishment for stashes has become more lenient. Due to differentiation: for the production of drugs — tougher, for stashes — more lenient. The possibility of parole has appeared. By June 11, 415 people convicted of stashes were already released. Thanks to the adopted amendments, about 2,000 more people will be able to go free,
 he stated.

Opinions in Parliament were divided on whether to include these individuals in the amnesty.

The Deputy Prosecutor General noted that drug possession (Article 296 of the Criminal Code) falls under the amnesty, but drug distribution (Article 297) does not.

The amnesty bill was developed with the involvement of the Ministry of Internal Affairs, the Prosecutor General’s Office, the Judicial Administration, and other state bodies.

Majilis committees unanimously supported the draft. It will now be reviewed by the Senate.

Original Author: Artyom Volkov