Information regarding the regulatory resolution of the Constitutional Court
(№ 48 of 11 July 2024)
During the constitutional proceedings it was considered an appeal of citizen on verification the conformity with the Constitution of paragraph 1) of part eight of Article 72 of the Criminal Code of the Republic of Kazakhstan of 3 July 2014 (CC RK).
According to this norm, conditional early release (parole) does not apply to convicted persons whose death penalty has been commuted to imprisonment by way of granting a pardon or in connection with the application of a law abolishing the death penalty.
The subject of the appeal had his death penalty commuted to life imprisonment by way of granting a pardon.
The Constitutional Court pointed out that the imposition of a restriction on the application of parole for this category of persons in the current situation is related to a non-existent type of punishment. Article 15 of the Constitution prohibits the use of the death penalty, while criminal and penal legislation excludes norms on it.
Thus, the retention of this restriction in the Criminal Code of the Republic of Kazakhstan for the specified group of convicts is not consistent with the Constitution.
In general, it should be taken into account that the consideration of the issue of parole by the court does not mean unconditional release of the convicted person to life imprisonment. It is applicable only if the court recognises the correction of the convicted person and the achievement of other objectives of the criminal punishment, as well as considering the results of the fulfilment of the conditions expressly established by law. In addition, part eight of Article 72 of the Criminal Code of the Republic of Kazakhstan defines other categories of persons to whom parole does not apply. Their establishment by Parliament is consistent with the constitutional norms on constitutional powers, on the grounds for restricting the rights and freedoms of citizens and other norms of the Constitution.
Previously, the Constitutional Court, in its regulatory resolution № 2 of 10 January 2023, noted that laws and other normative legal acts are an integral part of the existing law of the Republic of Kazakhstan if they are in conformity with the Constitution (paragraph 1 of Article 4 of the Basic Law).
On the basis of the above, the Constitutional Court held paragraph 1) of part eight of Article 72 of the Criminal Code of the Republic of Kazakhstan to be inconsistent with the Constitution and recommended the Government to submit to the Mazhilis a draft law on amendments and additions to the Criminal Code of the Republic of Kazakhstan in accordance with the legal positions set out in its final decision.