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Controversy is mounting in Kazakhstan as criminal cases against drivers who caused life-altering disabilities in traffic accidents have been closed one after another following amnesties. Intended to offer minor offenders an opportunity to reintegrate into society, the amnesty system is sparking public outcry over unintended consequences stemming from its unexpectedly broad application.

Local media outlet Qumash confirmed on the 12th that regarding a head-on collision between a heavy-duty truck and a Lexus passenger car in Zhambyl Region on April 20, police had investigated the 22-year-old truck driver as a suspect before closing the case under the amnesty system.

In that crash, a female passenger in the Lexus suffered severe injuries and underwent artificial joint replacement surgery. Although the truck driver had a prior accident record and was expected to face penal punishment under relevant laws, the case was dropped on the grounds of the amnesty law.

A similar case occurred this past May on the highway connecting the capital Astana and Pavlodar.

At the time, a Hyundai Tucson driven by a 22-year-old man—the son of Kaisar Mankarayev, the mayor (akim) of the city of Arys—crashed into a guardrail. A 21-year-old university student passenger suffered catastrophic injuries, fell into a coma, and had both legs amputated after undergoing multiple surgeries.

Despite having caused severe harm, the driver escaped criminal penalties last month under the amnesty act. The victim's family filed for damages, pleading that ongoing medical assistance—such as lifelong rehabilitation therapy and prosthetics—is essential.

While Kazakhstan's Ministry of Internal Affairs maintained that the case dismissal under the amnesty was legally approved and that civil liability for compensation remains intact, critics argue that because the criminal investigation has ceased, significant limitations remain in establishing accountability and securing relief for the victim.

The amnesty act was enacted following the adoption of the new constitution this past July. Its legislative intent is to exempt individuals who committed certain offenses from criminal liability or punishment, offering them a chance to return to society.

Unlike a presidential special pardon granted to specific individuals, the statutory amnesty passed by parliament applies blanket exemptions to those meeting designated criteria.

Offenses causing bodily injury that meet specific conditions are also covered under the law. Because legal classifications of offenses can be based on statutory sentencing ranges rather than the actual gravity of harm inflicted, situations have arisen where perpetrators who caused severe physical damage are nonetheless granted amnesty.

Concerns were also raised in Kazakhstan's parliament this past June regarding the scope of applying amnesties to perpetrators of traffic collisions.

Murat Abenov, a member of the Mazhilis (lower house of parliament), argued that applying amnesties to drivers who cause fatal accidents is inappropriate, stressing the necessity of reclassifying such offenses into more severe criminal categories.

                                                                                                              Kim Min-gyu