death_penalty_new.qxd
02-08-27
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THE DEATH PENALTY IN THE OSCE AREA
4.9
KAZAKHSTAN114
RELEVANT INTERNATIONAL INSTRUMENTS
International Instruments
Signed
Ratified
Article 6 of the ICCPR
No
No
Second Optional Protocol to the ICCPR
No
No
Article 37 (a) of the CRC
Yes
Yes
LEGAL FRAMEWORK
Status:
Retentionist
Scope:
The death penalty is a legal punishment for crimes committed in peacetime and
in wartime115. The Constitution of the Republic of Kazakhstan states that the
death penalty can be provided by law for premeditated and aggravated
crimes116. The death penalty is envisaged for 18 crimes. These are aggravated
murder, terrorism, assault on the life of a person who administers justice or conducts preliminary investigations, assault on the life of the President, high treason in wartime or during combat operations under aggravating circumstances,
sabotage, conduct of aggressive war, application of weapons of mass destruction, genocide, mercenary participation in an armed conflict which results in
death or other grave consequences, insubordination or disobeying an order,
opposition to a superior or forcing him to violate his duties, violence against a
superior, desertion, evasion from military service by mutilation or other means,
violations of vigil duty rules, abuse of power, or exceeding ones authority or
administrative dereliction and abandonment or surrender of weapons to the
enemy117.
114
115
116
117
This entry was written with the assistance of the OSCE Centre in Almaty, Kazakhstan, which
received information from the Ministry of Foreign Affairs. The Delegation of the Republic of
Kazakhstan to the OSCE did not respond directly to our questionnaire on the death penalty.
Article 49(1) of the Criminal Code of the Republic of Kazakhstan, 1 January 1998.
Article 15 of the Constitution of the Republic of Kazakhstan 30 August 1995.
Articles 96(2), 233, 340, 167, 165, 171, 156(2), 159(2), 160, 162(4), 367(3), 368(3), 369(3), 373,
374(3), 375(3), 380(3) of the Criminal Code.
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