58 The Death Penalty in the OSCE Area 4.3 KAZAKHSTAN Relevant International Instruments 111 Ratification Status111 International Instruments ICCPR R Second Optional Protocol to the ICCPR - CRC R Status: de facto abolitionist Legal Framework The Constitution of the Republic of Kazakhstan envisages the death penalty, as an exception to the right to life, for 10 especially grave crimes:112 murder with aggravating circumstances; terrorism; attempt on the life of a person administering justice or preliminary investigations; attempt on the life of the president; state treason; sabotage; planning, preparation, or conduct of aggressive war; use of prohibited means and methods of conducting war; genocide; and mercenary participation in armed conflict. The death penalty is also envisaged for eight military crimes if committed in time of war.113 Moratorium A presidential decree placing a moratorium on executions was introduced in December 2003.114 The moratorium is not limited to a particular time frame but is in place until the question of the full abolition of the death penalty is resolved. In addition, the presidential decree also provided for the introduction of life imprisonment as an alternative to the death penalty from 1 January 2004. Subsequent amendments to the Criminal Code provide for the suspension of all executions while the moratorium is in place and set out the status of those individuals 111 R = ratified, S = signed, a dash (-) indicates that the participating State has neither signed nor ratified the relevant instrument. 112 Article 15 of the Constitution of the Republic of Kazakhstan, 30 August 1995. Also see Article 49 (1) of the Criminal Code, 1 January 1998. 113 Articles 96 (2), 156 (2), 159 (2), 160, 162 (4), 165, 167, 171, 233, 340, 367 (2), 368 (3), 369 (3), 373 (3), 374 (3), 375 (3), 380 (3), 383 of the Criminal Code of the Republic of Kazakhstan. 114 Presidential Decree No. 1251 “On the introduction of a moratorium on the death penalty in the Republic of Kazakhstan”, 17 December 2003.