THE DEATH PENALTY IN THE OSCE AREA INTERNATIONAL SAFEGUARDS Pregnant women and children Women and persons who were below the age of 18 at the time of the crime cannot be sentenced to death.64 Pardon or commutation All persons sentenced to death have the right to appeal for commutation of the sentence to life imprisonment or 25 years' imprisonment.65 The cases of all persons sentenced to death are considered regardless of whether the sentenced person has submitted an appeal for clemency.66 Relatives Relatives are not informed in advance of the date of execution, the body is not returned, and the location of the place of burial is not disclosed to the relatives until at least two years after the burial has taken place.67 64 65 66 67 Article 49(2), Criminal Code. This article also stipulates that the death penalty cannot be applied to men who are over the age of 65 at the time the sentence is pronounced. Article 49(3) of the Criminal Code, Article 31(2) of the Criminal Procedure Code, and Article 166(1) of the Criminal Executive Code. Presidential Decree No. 2975 “On provisions for pardoning procedure by the president of the Republic of Kazakhstan”, 7 May 1996. Article 167, Criminal Executive Code. 24

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