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Kazakhstan is on the verge of enacting a historic administrative amnesty, a move that will mark the first time such a measure is applied in the country's history. The Parliament is currently reviewing the relevant draft law, preparing it for its first reading. This initiative, alongside previously implemented criminal amnesties, signifies a new approach to managing administrative offenses.

Criminal Amnesty Details

According to Member of Parliament Snezhana Imasheva, the criminal amnesty is expected to affect approximately 16,500 individuals. This includes the termination of criminal cases for about 1,200 people, a reduction in sentences for over 10,000 convicted individuals, and the release of nearly 5,000 people. Around 1,500 individuals are anticipated to be released from prison. This amnesty will apply to those convicted of minor and medium-severity crimes.

Administrative Amnesty Scope

The administrative amnesty focuses on the number of fines rather than individuals. The plan is to write off nearly 1 million unpaid fines, totaling approximately 17 billion tenge, which are currently on police records. These fines relate to offenses committed up to March 16, 2026.

Crimes Covered by the Amnesty

For minor and medium-severity crimes, full exemption from punishment is being considered. If no harm was caused during the commission of a medium-severity crime, or if the damage caused has been fully compensated, release may also be possible. Otherwise, the remaining sentence will be reduced. Key offenses eligible for the amnesty include theft, cattle rustling, and embezzlement or misappropriation of entrusted property. Certain economic crimes, such as fraud or misappropriation of property under trust management, may also be included.

Exclusions from the Amnesty

Crimes against human life and health, corruption, terrorism, and extremism will not be covered by the amnesty. This includes offenses such as murder, incitement to suicide, intentional infliction of grievous, moderate, or minor bodily harm, battery, torture, stalking, infecting with HIV, sexual offenses, corruption, terrorist and extremist crimes, and torture. Actions that have recently acquired a criminal nature, such as 'drop-shipping' schemes or bride kidnapping, are also excluded. Individuals convicted in absentia will not be eligible.

High-Profile Cases and Amnesty

The amnesty will not apply to recent high-profile cases. For instance, Kuandyk Bishimbayev and Perizat Kairat will not be included, as their alleged crimes (murder with particular cruelty, torture, fraud in a particularly large amount) fall outside the scope of the amnesty. Similarly, the case involving bloggers Yerbolat Zhanabylov and Elmira Tolegenova, related to illegal entrepreneurship and money laundering, will not benefit from the amnesty. While illegal entrepreneurship might be covered, money laundering is explicitly excluded.

Importance of Compensation

A crucial criterion for considering the criminal amnesty is the convicted person's relationship with the victim. The state aims to balance humanity and justice. The court retains the discretion to refuse the application of amnesty after reviewing each convicted person's case and behavior.

Fines to be Erased

A significant part of the administrative amnesty involves erasing previously unpaid fines. These include violations such as public intoxication, pedestrians violating traffic rules, ignoring road signs and markings, disturbing the peace, smoking in prohibited areas, not wearing a seatbelt, using a phone while driving, residing with an invalid ID, and fare evasion. A total of 250 types of administrative offenses are covered. However, fines for serious violations that pose a threat to safety, such as running red lights or excessive speeding, will not be erased.

Automatic Fine Clearance

There is no need to submit an application for most fines; they will be automatically cleared through state information systems. If, for any reason, a fine is not cleared, citizens can contact the relevant authority, the prosecutor's office, or the court. The full implementation of the administrative amnesty may take up to six months after the law comes into effect.

Rationale Behind Administrative Amnesty

This measure is viewed as an act of humanism, not a reward for offenders. It aims to assist individuals who have been unable to clear accumulated fines over the years. Unpaid fines can lead to enforcement proceedings, blocked accounts, and other restrictions. Some of these debts date back to 2015.

Amnesty and the Rule of Law

The amnesty is intended to be exceptional and not a recurring practice. It should not create an expectation that fines can be ignored. The rule of law remains a fundamental principle. However, a strong state is characterized not only by strictness but also by its capacity for humanism. The amnesty's primary goal is to demonstrate that the state, alongside punishment, can offer individuals an opportunity for a fresh start.