Skip to main content Skip to main navigation menu Skip to site footer
Bulletin of Abai KazNPU. Series of Jurisprudence

ON THE LEGAL NATURE OF THE INSTITUTION OF EXEMPTION FROM CRIMINAL LIABILITY

Published June 2025
Kazakh National Pedagogical university after Abai
Kazakh Agrotechnical Research University named after S. Seifullin
Almaty University of Humanities and Economics
Abstract

The article is devoted to the actual problems of the institution of exemption from criminal liability and the application of alternative measures of influence on persons who have committed criminal offenses in modern criminal law doctrine and practice.

In judicial practice, the guilt of the offender is determined and a measure of Criminal Law influence (other measures of influence) is prescribed. But the answer to the question of how effective this prescribed measure will be is a separate question. Despite the great importance of achieving the ultimate goal of criminal law, today science has not developed a single concept of criminal liability and exemption from criminal liability. This causes many disputes in law enforcement practice in the process of implementing the norm of exemption from criminal liability.

Exemption from criminal liability reflects a tendency to limit and mitigate criminal coercion. At the same time, all types of exemption from criminal liability should be applied individually in each specific case, taking into account the personal qualities of the culprit and the possibility of correcting it without applying punishment. It should be noted that exemption from criminal liability implies not only exemption from the execution of punishment, but also the imposition of a general punishment.

The authors believe that ensuring the loss of the subject's public danger due to his positive behavior after committing a criminal act is a generally accepted condition for exemption from criminal liability.

pdf (Қазақ)