Смертная казнь

The death penalty — deprivation of the person of life as punishment. Can be legalized by the state. In a modern civilized society the death penalty in many jurisdictions is illegal, and in others — lawful criminal punishment only for extremely serious crimes. However, in China it is applied rather widely and for smaller offenses, such as: bribery, pimping, fake of bank notes, concealment of taxes and others.

The death penalty as a type of criminal punishment in Kazakhstan legislatively isn't cancelled. The human rights community insists, the republic within the international standards and at the constitutional level has to realize policy of full abolition of the death penalty.

Since 1994, adhering to the conventional international course, the Republic of Kazakhstan pursues policy of stage-by-stage abolition of the death penalty.

At the first stage of legal reform as a result of acceptance in 1997 of the new Criminal code in the legislation the quantity of crimes for which commission such measure of punishment as the death penalty was provided practically was twice reduced.

In the Concept of legal policy of the Republic of Kazakhstan for 2010-2020 it is indicated course continuation on gradual narrowing of scope of the death penalty.

On December 17, 2003 the Decree of the President of the Republic of Kazakhstan entered the termless moratorium on execution of the death penalty to the solution of a question on its full cancellation. Alternatively the death penalty since January 1, 2004 in Kazakhstan lifelong imprisonment is entered.

In article 49 UK RK it is fixed that "The death penalty - execution as the exceptional measure of punishment is established for the terrorist crimes interfaced to death of people, and also for especially serious crimes made in a wartime, with granting sentenced the rights to petition for pardon".

Thus according to part 2 of this article "the death penalty isn't appointed to women, and also the persons who have committed a crime aged till eighteen years, and the men who have reached by the time of removal by court of a sentence of sixty-five-year age".

Kazakhstan also supported the resolution of the 62nd session of General Assembly of the UN "The moratorium on a capital punishment with further consideration of possibility of abolition of the death penalty", approved on December 18, 2007.

On November 28, 2005 the Republic of Kazakhstan ratified the International Covenant on Civil and Political rights (MPGPP).

The last sentence about the death penalty was carried out to the announcement of the moratorium on application of the death penalty concerning 12 people in 2003.

In the legislation of Kazakhstan there is no fixing of legal status of the persons who condemned to the death penalty and have fallen under action of the moratorium on execution of such sentences. Persons by whom the death penalty was replaced with lifelong imprisonment are actually doomed to death in imprisonment places as this category of the condemned has no right to a conditional early release.

Despite available intentions about stage-by-stage abolition of the death penalty in Kazakhstan, the gradual increase in number of articles in the Criminal code, providing punishment in the form of the death penalty and lifelong imprisonment is observed.

For example, in 2010 of UK RK it was added with article 166-1 providing punishment in the form of the death penalty for "Infringement of life of the First President of the Republic of Kazakhstan - the Leader of the Nation".

The death penalty in the Criminal code of the Republic of Kazakhstan is provided in 17 structures of a crime, in the majority from which isn't conducted speeches about death of the person.