In Kazakhstan, there are plans to minimize citizen involvement in criminal proceedings by not initiating criminal cases when alternative punishments can suffice. This is one of the goals that the adoption of amendments to three codes - the Criminal Code, Criminal Procedure Code, and Code of Administrative Offenses - aims to achieve.
One of the reasons for attributing provisions of the Criminal Code of Kazakhstan to entrepreneurs under Article 262 on organized crime lies in the almost complete identity of the characteristics of a commercial organization and a criminal group. For instance, the presence of a sole executive body (single management), organizational structure (structuring), activities aimed at making a profit (obtaining financial/material benefit), and more.
The amendments target offenses such as misappropriation or embezzlement of entrusted property, transportation, acquisition, sale, storage of oil and oil products, as well as oil processing without documents confirming their legality, unlawful acquisition of information, issuing invoices without actual completion of work, provision of services, or shipment of goods, money laundering, and more.
The reforms aim to streamline the legal process, ensuring that citizens are not unnecessarily embroiled in criminal proceedings when there are viable alternatives. By refining the criteria for initiating criminal cases, Kazakhstan seeks to enhance the efficiency and fairness of its legal system while upholding justice and protecting the rights of its citizens.
