THE IMPOSITION OF A MORE LENIENT PUNISHMENT THAN THAT PROVIDED FOR THIS CRIMINAL OFFENSE AND ITS ROLE IN THE LENIENCY SYSTEM UNDER THE CRIMINAL CODE OF THE REPUBLIC OF KAZAKHSTAN

Abstract

The issues of combating crime are always the focus of legal science. The fairness of court decisions not only contributes to the prevention of crime and also can be a guarantee of human rights protection.

Legal regulation of the imposition of a lenient sentence than provided for at the appropriate level for this criminal offense has an important role in ensuring the purpose of social justice. Current domestic criminal law provides for a lighter punishment than that prescribed for a specific criminal offence. However, contradictions in the understanding of the imposition of a lenient punishment  enforcement practice.

As a rule, in judicial practice, when imposing punishment under Article 55 of the Criminal Code of the Republic of Kazakhstan, the grounds for special mitigation of punishment are incorrectly identified or the mitigation method is not chosen correctly. In any case, it leads to unfounded judgments. Errors in the imposition of criminal penalties, among other factors, weaken the fight against crime.

The author deals with the application of the provisions of the Criminal Code of the Republic of Kazakhstan, which provides for the possibility of imposing a lenient sentence than provided for a specific criminal offense.