EXEMPTION FROM CRIMINAL LIABILITY IN CONNECTION WITH RECONCILIATION AND RECOVERY OF PROCEDURAL COSTS: STATUS AND PROBLEMS
Keywords:
criminal offences, re-criminality, exemption from criminal liability, termination on non-rehabilitating grounds, procedural costs, compensation for damagesAbstract
The article describes the legal framework, as well as the dynamics and state of release of persons from criminal liability in connection with reconciliation. The authors attempt to analyze the current situation of release of persons from criminal liability in connection with the reconciliation of the parties in order to establish the reasons for the subsequent development of proposals to improve the legislation of the Republic of Kazakhstan in this area. The analysis of statistical data of criminal offenses in the Republic of Kazakhstan over the past 6 years has allowed the authors to identify a steady trend of growth in the number of crimes, the cases of which were terminated in connection with reconciliation. At the same time, for the specified period the triple increase in the share of the persons who committed criminal offenses repeatedly is established. According to the results of the formal legal analysis, the authors identified the alleged causes of the growth of re-crime, consisting in the presence in the legislation of the Republic of Kazakhstan of the legal basis of repeated exemption from criminal liability of persons who have committed crimes. In this regard, the proposals to amend the legislation, as well as the transfer of the court's functions to release persons from criminal liability. The authors also noted that the state improperly takes measures to compensate the procedural costs in cases terminated on non-rehabilitating grounds. The authors emphasize the actualization of the issues of compensation for harm and material damage in the termination of criminal prosecution and exemption from criminal liability in connection with reconciliation as one of the elements of the classical model of "restorative justice". The results obtained can serve as a basis for further research, law-making and practical activities of law enforcement and judicial bodies.