Criminal responsibility for self-mutilation of convicted persons: mismatches with the Constitution of the Republic of Kazakhstan

Purpose: The purpose of the study is to conduct a comprehensive criminal law analysis of the current provision of the Criminal Code of the Republic of Kazakhstan, which establishes criminal liability for self-harming convicts. Methodology: Historical, system-structural and comparative methods were used. Results: The author made the following conclusions in the article: 1) For some unknown reasons, the legislator ignored the position of the Constitutional Council of the Republic of Kazakhstan expressed by its regulatory Resolution of February 27, 2008. In fact, it allowed the revival of the unconstitutional criminality in the new Criminal Code of the Republic of Kazakhstan. 2) The Constitutional Council rightly believed that there were no grounds for the criminalization of self-harm in the previous Criminal Code of 1997. 3) The norm of Part 3 of Art. 428 of the Criminal Code of the Republic of Kazakhstan is a de facto counterpart of the old rule of article 361 of the Criminal Code of 1997...