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Kazakhstan to create Victim Compensation Fund

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by October 19, 2016 Study

A draft law “On Victim Compensation Fund” has been approved at the first reading of the Parliament`s Mazhilis plenary session.
“The draft law identifies the legal basis for monetary compensation to certain categories of criminal offence victims. The categories are determined by the 62nd article of the Criminal Code. The draft law fixes the amount of monetary compensation, which is the minimum support for a victim at a period of carrying out the relevant activities by law enforcement agencies. The prosecution authorities will subsequently recover the compensated amount from the perpetrator. The perpetrator further compensates victims` loss through legal proceedings, i.e. existing order is the same. Victim Compensation Fund serves as payment instrument. Its creation is provided by the current “Criminal Procedure Code,” Minister of Finance Bakhyt Sultanov said introducing the draft law.
According to the Minister, the Fund`s operational mechanism will be implemented via the control account in the Treasury, as this scheme is the most economical. The Fund will have no legal entity, regulatory bodies, administrative costs, the losses. It will be an account that receives and disburses the funds. The Treasury will control the payments in accordance with elaborated practice.
The Minister informed on Fund`s four sources provided by the draft law: the fixed charges imposed by the court; monetary penalties for non-fulfillment of procedural obligations; income from correctional labor; compensation regress return from the perpetrator.
There are three categories of victims. The first one includes minors suffered from sexual violence, trafficking survivors and survivors of tortures – upon 8 articles.
The second category is the victims suffered severe injuries or those infected with HIV – upon 19 articles. The third category is for successors of criminal offence victims – upon 35 articles.
The Minister also explained the amount of compensation for the 1-category victims is 30 MCI, for the 2nd category – 40MCI, and for the 3rd category – 50 MCI. The amounts are defined on the basis of legal statistics on victims.
The draft law also defines the procedure of the Fund`s payment.
Law enforcement agencies explain the rights and consider victim`s application, designate a compensation and send the Recipients Register to the Treasury. The Treasury makes a payment to the recipient`s bank account. There are special provisions for the stable functioning: different dates of draft law`s certain articles entering into force. They will enable to collect the money in the Fund within two years; the first payments will be made after.
The Mazhilismen also approved at the first reading the consequential amendments to the legislation.

Source: Government of the Republic of Kazakhstan


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