1. The damage, caused to a person as a result of illegal arrest, detention, house arrest,
suspension from office, placement in a special medical organization, conviction, application
of compulsory medical measures shall be compensated from the budget in full, regardless of
the guilt of the body, conducting criminal proceedings.
2. The right to compensation for damage caused as a result of the relevant illegal actions
of the body conducting criminal proceedings shall be granted:
1) the persons, referred to in the first part of Article 37 of this Code;
2) the persons, the criminal case in respect of which was subject to termination on the
grounds, provided for in paragraph 5) of the first part of Article 35 of this Code, if despite the
absence of the circumstances, specified in part four of Article 32 of this Code, pre-trial
investigation is not terminated since the discovery of the circumstances, precluding criminal
prosecution;
3) the persons, the criminal case in respect of which had to be terminated on the grounds,
specified in paragraphs 3) and 4) of the first part of Article 35 of this Code, but was not
terminated since the discovery of the circumstances, precluding criminal prosecution, and the
criminal prosecution is illegally continued despite the consent of such persons on the
termination of the criminal case;
4) the person, convicted to arrest, imprisonment, arrested or detained in custody in case of
changes in the qualification of the offence in the article of the Criminal Code of the Republic
of Kazakhstan, provided liability for less serious criminal offence, at suspicion or accusation
of committing of which this Code is not provided the arrest or detention, or appointment
under this article a new, more lenient punishment or expulsion from the sentence the part of
accusation and the reduction in connection with it the punishment, as well as in case of
cancellation of unlawful judicial decision on the application of compulsory medical measures
or compulsory educational measures. The actually served term of arrest or imprisonment is
considered as illegally served to the extent to which exceeds the maximum punishment of
arrest or imprisonment under article of the Criminal Code of the Republic of Kazakhstan,
according to which the committed offence is newly qualified;
5) the person, detained in custody beyond the statutory period without a legal basis, as
well as illegally subjected to any other measures of procedural coercion during criminal
proceedings;
6) A person in respect of whom covert investigative actions have been carried out and
subsequently declared illegal by a court.
3. In case of death of a citizen the right to compensation of damage in accordance with
established procedure shall be transferred to his (her) heirs, and in part of receiving pensions
and benefits, payment of which is suspended - for those family members who belong to the
group of persons, provided by allowance of survivor.
4. The damage shall not be compensated to the person, if it is proved that he (she) during
the pre-trial investigation and trial by voluntary self-incrimination prevents the truth and
thereby contributed to the offensive consequences, referred to in the first part of this article.
5. The rules of this article in the absence of circumstances, referred to in paragraph 3) of
the second part shall not apply to cases, where the applied in respect of a person coercive
procedural measures or judgment of conviction canceled or changed due to the publication of
acts of amnesty or pardon, statute of limitations, adoption of the laws, eliminating the
criminal liability or mitigating a punishment.
6. Other circumstances shall not be grounds for compensation of damage.
Footnote. Article 38 as amended by the Law of the Republic of Kazakhstan dated
21.12.2017 № 118-VI (shall be enforced upon the expiration of ten calendar days after the
day of its first official publication).

1. The request for extradition of a person (extradition) is sent on the condition that at least
one of the offences for which extradition of a person (extradition) is requested, is punishable
by the imprisonment for a term not less than one year or a person is sentenced to the
imprisonment and the unexpired term of not less than six months.
2. The request of the competent authority of a foreign state for extradition of a person (
extradition) may only be considered if they meet the requirements stipulated by the first part
of this Article.
3. The requests for the temporary extradition of a person (extradition) and the transit of a
person are sent in the same manner as requests for extradition of a person (extradition).
4. The General Procurator’s Office of the Republic of Kazakhstan has the right to deny
the competent authority of the Republic of Kazakhstan in the direction of a request to a
foreign state if there are the circumstances, provided by this Code or an international treaty of
the Republic of Kazakhstan that may impede the extradition of a person (extradition).