The death penalty in Kazakhstan is caused by localresidents of a storm of emotions. Some advocate this type of punishment, arguing that there are crimes for which it is possible and necessary to take lives. Others adhere to the opposite position, preferring the humanistic principles of criminal law.
At the moment, jurists of the Republic of Kazakhstanwork on a draft new criminal law. Developers propose to follow international principles and exclude this type of punishment. In this regard, many citizens, both local and foreign, ask the question: "Is there a death penalty in Kazakhstan?"
As an addendum, lawyers state thatThe proposed changes fully correspond to the development of modern society. The last death penalty in Kazakhstan sounded in the verdict about 15 years ago. The current code says that punishment is an exceptional measure that can be applied for criminal acts related to terrorism that caused the death of people. Also art. 48 of the Criminal Code of the Republic of Kazakhstan provides for the use of the death penalty in time of war in the commission of particularly serious crimes.
The analysis of the legislation allows to speak about,that this type of punishment can be appointed for committing one of 16 crimes, for 11 of which the consequences in the form of death of citizens are mandatory. At the same time, for mercenarism, the killing of the incumbent or the first president, diversion or terrorism, the death penalty is imposed regardless of the consequences that have occurred.
The death penalty in Kazakhstan is not fulfilled nowdue to the fact that in 2003 the President imposed a moratorium. The peculiarity of this decision is the absence of a period of validity of the ban on the execution of punishment. A vivid example of a similar solution is the moratorium of the President of the Russian Federation on the death penalty, which operated until 2010. With the onset of this date, the head of state issued an order forbidding judges to elect this measure.
Now the death penalty in Kazakhstan is compulsoryshall be replaced by deprivation of liberty. A judge may determine the term of serving a sentence in a strict regime colony, or he may leave a criminal in prison for life.
It's amazing, but as a form of punishment, officially everythingthe death penalty still exists in Kazakhstan. Pros and cons of this state of things expressed by many, but a unanimous opinion has not yet been formed in society.
One of the deputies of parliament even expressed an opinionthat the question of excluding this type of punishment is unlawful. However, he did not explain to journalists what his opinion was based on, and also refused to give any arguments in defense of his position.
According to civil society, the death penaltyin Kazakhstan is not subject to cancellation, since it has a warning meaning. Agree, it is rather difficult to determine those crimes for which punishment is imposed during military operations. So, during peacetime, some actions do not matter to the state, while the same acts committed upon the introduction of a state of emergency can determine the outcome of the battle.
In the period of military operations, the psychology of peoplethey begin to think and act quite differently, as a consequence, new types of crimes arise. So, there should be an opportunity to apply an adequate punishment, corresponding to the seriousness of the consequences of an act.
Deputy Prosecutor General of the Republicexpressed his opinion that he had not heard the arguments that would convince him to stand for the abolition of this type of punishment. Johann Merkel believes that the death penalty in Kazakhstan should be preserved.
The official indicates that he does not seereasons for changing your own opinion. He believes that the phrase: "If you have the death penalty, then you are a backward state" - is absurd. In this case, the United States and Russia should occupy the lowest positions. Kazakhstan is an independent state, therefore, the prosecutor is convinced, no one can force him to change the national legislation, including criminal ones.
In today's world, there are double standards.On the one hand, the norms speak about the need to get rid of the legislation from this preventive measure, and on the other - the society opposes the abolition of the death penalty. The representative of the US FBI said at the talks that no one had excluded this type of punishment from the country's legislation. However, in order to share the positions of the civilized community, the president had to decide on reforming the criminal legislation, which led to his mitigation. This is a vivid example of the manipulation of countries, including the United States. At the same time, the authorities of the Republic of Kazakhstan are convinced of their independence in making decisions and do not want to go on about the world community.
