The provision on liability for group disobedience involving bodily harm has been amended to reflect the legal positions of the Constitutional Court

Теlegram CС - https://t.me/consot_kz

 

In its normative ruling No. 37-NP of December 6, 2023 (https://www.gov.kz/memleket/entities/ksrk/documents/details/564719), the Constitutional Court recognized part three of Article 428 of the Criminal Code as consistent with the Constitution in the interpretation given by the Constitutional Court, the meaning of which is that criminal liability for participation in group disobedience involving bodily harm is permissible if its purpose was to disobey the lawful requirements of the administration of a penal institution and to violate the established order (regime) of serving a sentence.

In accordance with the Law of July 16, 2025, “On Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on the Optimization of the Criminal Legislation of the Republic of Kazakhstan” https://online.zakon.kz/Document/?doc_id=38302814&pos=1;%20-16#pos=1;-16 Article 428 of the Criminal Code has been supplemented with the objectives of bodily harm committed by convicts, and the terminology used to designate institutions of the penal system has been specified.