The Framework of Criminal Law
Legislation on Bias-motivated Violence
| Bias-motivated Violent Crimes as Specific Offenses | Bias as an Express General Aggravating Factor | Bias as an Aggravating Factor in Specific Common Crimes |
| X | X |
Bias Types Covered by Provisions on Aggravating Circumstances
| Race/National Origin/Ethnicity | Religion | Sexual Orientation | Gender | Disability | Other |
| X | X |
Bias as an Express General Aggravating Factor
The Criminal Code of Kazakhstan contains general provisions that expressly enable the racist or other bias motives of the offender to be taken into account by the courts as an aggravating circumstance when sentencing.
Article 54 of the Criminal Code is a general sentencing provision that identifies aggravating circumstances that give rise to more serious penalties, including under part (1)(f) “a motive of national, racial, religious hate or enmity” in the commission of crimes. It does not set out the scope of these enhanced penalties.
Bias as an Aggravating Factor in Specific Common Crimes
Additionally, several articles provide specific penalty enhancements for crimes committed with motives of national, racial, or religious hate or enmity. Article 96 punishes murder with incarceration ranging from six to fifteen years. Article 97(2)(k) defines murder “with a motive of social, national, racial, or religious hatred or enmity” as punishable “by incarceration for ten to twenty years, with or without property confiscation, or by life imprisonment, with or without property confiscation or by the death penalty, with or without property confiscation.”
A provision (h: “deliberate inflictions of grievous bodily harm”) of Article 103 provides enhanced sentencing for acts motivated by “social, national, racial, or religious hatred or hostility,” making them punishable by the deprivation of freedom for the period from four to eight years.”
Article 104, intentionally causing health, harm of medium gravity, punishes bias crime in provision (f) with five years imprisonment or by the deprivation of freedom. This is an additional two years the average maximum sentence.
Other provisions of the Criminal Code that apply to violent hate crimes include article 107 (Torture), Article 187, intentional destruction or damage of property, and article 187 (Intentional destruction or damage of property). Higher penalties are established for each of these crimes when committed “with a motive of social, national, racial, or religious hatred or enmity.”[1]
[1] Criminal Code of the Republic of Kazakhstan, http://www.legislationline.org/legislations.php?jid=28<id=15.