Criminal liability for self-harm of convicted persons in the light of the legal position of the Constitutional Court of the Republic of Kazakhstan: some aspects of critical analysis

The purpose of the study is to critically analyze the Normative Resolution of the Constitutional Court of the Republic of Kazakhstan dated December 6, 2023 No. 37-NP “On consideration of compliance with the Constitution of the Republic of Kazakhstan of part three of Article 428 of the Criminal Code of the Republic of Kazakhstan dated July 3, 2014 and subparagraph 2) of part two of the article 130 of the Criminal Executive Code of the Republic of Kazakhstan dated July 5, 2014, the fundamental principles of the Constitution of the Republic of Kazakhstan, the provisions of the UN International Covenant on Civil and Political Rights, the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and other international legal acts ensuring human rights and freedoms in conditions of isolation from society, as well as the doctrinally based Normative Resolution of the Constitutional Council of February 27, 2008 No. 2 “On checking the constitutionality of parts one and four of Article 361 of the Criminal Code of the Republic of Kazakhstan upon the appeal of the Kapshagai City Court of the Almaty Region, which recognized the criminal liability of the convicted for self-harm, contrary to the constitutional and legal foundations of the Republic of Kazakhstan.