One-time compensations to be paid for victims since 2020 in Kazakhstan
General Prosecutor instructed to ensure recovery of compensation to the Victims’ Compensation Foundation.
Norms of the Law "On the Compensation Foundation for Victims" with regard to the collection of compulsory payments from persons guilty of committing criminal offenses put into effect since July 1, 2018, BNews.kz correspondent reports.
The main aim of the institute which has been set in Kazakhstan for the first time is to provide quickly the necessary material assistance to the victims. The compensation from the Foundation will be in the form of a one-time financial payment.
At the same time, the victim is not deprived of the possibility of further recovery of the full damage from the guilty person. Based on international experience and the European Convention on Compensation for Damage, compensation is provided for victims of violent crimes.
Payments will be returned to:
• minors to victims of sexual violence;
• victims of trafficking or torture;
• persons who, as a result of the crime, are seriously harmed by health or infected with the AIDS virus;
• to legal representatives in case of death of the victim.
Totally, the list provides for 124 corpus delicti for 46 articles of the Criminal Code.
The compensation is aimed at supporting individuals who have materially suffered from a crime but do not have the opportunity to receive reparation for unsolved crimes or when the perpetrator is hiding from justice.
The law provides for a two-year period of accumulation of funds in the Foundation which will help to accumulate funds for further payments, which began on July 1, 2020.
The main source of income is compulsory payment, collected by the court from all without exception guilty persons, against whom the conviction of the court took place.
Therefore, for all crimes committed since July 1 of this year, collection in the Foundation will be started.
The amount of compulsory collection is from 5 to 30 monthly calculated indicators, depending on the severity of the crime.
Another Foundation’s source is the penalties imposed by the court for procedural violations, as well as the amounts withheld from convicts who execute punishment in the form of correctional labor.
It is expected more than one billion tenge will arrive in the Foundation annually.
For this purpose, on July 26, 2018, Prosecutor General has instructed all bodies of criminal proceedings with strict observance of the requirements of the Law regarding the collection of funds to the Foundation.
All regional prosecutors are to ensure legality in the courts' decision on the issue of accepting punitive measures for the convicted persons.
The Prosecutor General's Office intends to keep the question of the formation and use of the Fund's funds under constant control.