Criminal
Death penalty fully abolished in 2021, with jury trial for serious offences
Kazakhstan ratified the Second Optional Protocol to the ICCPR and abolished capital punishment for all crimes in 2021. Serious offences may be tried with jury participation.
Key rules
- Jurisdiction — District courts, regional courts on appeal, Supreme Court on cassation. Investigative judges authorise coercive measures.
- Deadline — Detention limited to 48 hours before judicial authorisation of custody
- Deadline — Appeal within 15 days of the judgment
Governing law
- Criminal Code of the Republic of Kazakhstan2014
- Criminal Procedure Code2014
- Second Optional Protocol to the ICCPRratified 2021
Penalties and consequences
- Life imprisonment as the maximum penalty following abolition of the death penalty
- Imprisonment, restriction of liberty, fines and community service
In practice
The 2014 codes introduced criminal misdemeanours as a lower tier and expanded non-custodial options. Jury panels of ten sit with a judge for offences carrying life imprisonment, and decide guilt jointly with the judge rather than separately. A separate investigative judge authorises detention, search and surveillance, a structural safeguard added to address prosecutorial dominance. Torture is a distinct offence and the National Preventive Mechanism inspects places of detention.