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Kazakhstan to create Criminal Injuries Compensation Fund

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by October 19, 2016 Legal

“The bill “On Criminal Injuries Compensation Fund” defines the legal basis for the payment of monetary compensation to certain categories of criminal offence victims. Thus, the categories are defined on the 62 articles of the Criminal Code. The bill sets the size of the monetary compensation, which is the minimum support for a victim at first, until the activity is held by law enforcement agencies. This compensation shall be subsequently recovered from the perpetrator prosecutors,” B. Sultanov informed.
It is noted that further redress of the perpetrator to the victim is carried out by the courts, that is, the current procedure does not change.
“Criminal Injuries Compensation Fund gives redress. Its creation is provided by the current Code of Criminal Procedure. The mechanism of the Fund is implemented by the control account in treasurer’s office. This is the most economical scheme. The fund will not have a legal entity, regulatory body, the administrative costs, there will not be losses. The treasurer’s office will control the payments by developed practice,” the minister added.
In accordance with the bill, Fund has four sources: the fixed charges imposed by the court; monetary penalties for non-fulfillment of procedural obligations; by corrective labour income; recourse compensation from offender.
According to the minister, three categories of victims are identified.
“The first category is the minors, who are victims of sexual violence, victims of trafficking and torture – under 8 articles. The second category is the victims, who have suffered serious bodily injury, or immunodeficiency (HIV / AIDS) infected with the virus – under 19 articles. And the third category is the successor in case of death of the victim as a result of criminal offenses – under 35 articles,” the Minister said.
At the same time, the bill provides the amounts of compensation to victims.
“The amount of compensation for the victims under 8 articles is 30 MCI, according to today’s estimates – more than 63 thousand tenge, the victim in the second category 40 MCI -more than 84 thousand tenge, in case of death of the victim by 35 articles – 50 MCI or more than 106 thousand tenge. The amounts are defined on the basis of data of legal statistics on victims. The draft law defines the procedure of payment from the fund, ” B. Sultanov explained.
According to the head of department, law enforcement clarifies the rights and considers a statement from the victim, award compensation and direct recipients register of the Treasury. Treasury disburse compensation payment to victims on the recipient’s bank account.
Special provisions are also provided for the stable functioning.
“It’s different dates of entry into force of certain articles of the bill. They will allow to collect the money in the fund for two years, and only then the first payment will start, ” the minister added.

Source: The Prime Minister of Kazakhstan


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