The police may get involved in domestic violence disputes upon receipt of information about acts of domestic violence in order to stop the violence and prevent other offensive actions.

Law firms provide legal aid and advice on domestic violence at the request of the victim of domestic violence.

In addition, the Kazakh legislation provides for specific "aid organizations." They are established by local authorities and are financed by the Kazakh budget. These organizations assist victims of domestic violence. Among other things, they may provide assistance on legal matters.^[34]

Yes. There is a fundamental principle of the presumption of innocence, which is applicable in both criminal and administrative proceedings.^[35] A person is innocent until proven guilty in a manner prescribed by law. A guilty verdict may not be based on suppositions.

Yes. In all cases, evidence must be lawfully obtained. This means that evidence must be: (i) formalized in a specific procedural form (for example, real evidence, documentary evidence, testimonial evidence, etc. – the list is exhaustive); (ii) obtained pursuant to a special procedure (for example, testimonial evidence will be reflected in the record of witness's interview or minutes of a court hearing).

Certain evidence is inadmissible, for example, evidence obtained by torture or under undue duress. Video and audio recordings may be treated as inadmissible evidence if they were made in breach of a special procedure set out by law (for example, if video and audio recordings were made without the abuser's consent by a person who is not authorized to carry out official surveillance activities).^[36]

Yes. The accused have the right to provide explanations and evidence in cases against him/her or to refuse to provide explanations or evidence.

Yes. False accusations constitute a criminal offense.^[38]

There is no definition of consent in the context of domestic violence. Any act of domestic violence is presupposed to occur without the victim's consent. 

Yes, both are a defense.

A witness is obliged to:

• appear when summoned by a request of an officer, investigator, prosecutor or court
• testify honestly and completely^[39]

For failure to fulfill these obligations, preventive measures and liability are provided.

The following categories may abstain from testifying:

1. close relatives and the spouse of the accused
2. professionals with respect to information they obtained during proceedings in which they were involved (such as judge, juror, arbitrator, lawyer and mediator)
3. clergy with respect to information they obtained during a confession
4. minors and mentally or physically disabled persons who cannot correctly understand the circumstances important for the case

Minors are not required to testify if they cannot correctly understand the circumstances important for the case due to their age.^[40]

A teacher or psychologist must attend an interview of a witness who is a child. In addition, the child's legal representatives (e.g., parents) may be in attendance.

In general, children may be called upon to testify. However, minors are not required to testify if they cannot correctly understand the circumstances important for the case due to their age.^[41]

Domestic violence against a child usually leads to a more severe liability.

Generally, a crime or administrative offense against a minor is an aggravating circumstance.^[42] In addition, certain crimes and administrative offenses imply higher sanctions if committed against a minor.

The Administrative Code sets out specific domestic violence offenses:

• unlawful actions in domestic relations (e.g., use of obscene language, humiliation, harassment, destruction of household items, and other actions that show disrespect toward a person with whom an offender is in a domestic relationship)^[43]
• intentional causing of minor injury to a person with whom an offender is in a domestic relationship^[44]
• battery or committing other violent actions that caused physical pain to a person with whom an offender is in a domestic relationship^[45]

The penalties for the above first-time domestic violence offenses are as follows:

1. warning
2. administrative arrest

If an offender's behavior amounts to a crime (for example, intentionally causing serious injury or injury of medium gravity, murder, incitement to suicide, rape, other forms of sexual assault, child sexual abuse, torture and unlawful limitation of freedom), an offender may be subject to criminal liability. The range of the criminal penalties varies depending on the gravity of the crime and includes a fine, corrective labor, compulsory works, liberty restriction and imprisonment.

Specific domestic violence offenses are considered administrative offenses, these do not involve criminal penalties. However, if an offender's behavior amounts to a crime, he/she may be subject to criminal liability. For further details, please refer to Section 5.5 Penalties and sentencing; penalty enhancements: What are the penalties and sentencing laws for first-time domestic violence offenses? above.

The violation of civil protection orders (особые требований к поведению правонарушителя) may result in the imposition of an administrative fine of approximately USD 33 or administrative arrest for up to seven days.^[46]

The violation of domestic violence protection orders (защитное предписание) may result in the issuance of a warning or administrative arrest for up to five days.^[47]

The violation of restraining orders (запрет на приближение) may result in the imposition of a fine or the putting in place of a preventive measure by a court (for example, house arrest or detention).^[48]

The penalties for specific domestic violence offenses include a warning and administrative arrest.

If an offender's behavior amounts to a crime, an offender may be subject to criminal liability. The range of criminal penalties varies depending on the gravity of the crime and, besides liberty restriction and imprisonment, includes a fine, corrective labor and compulsory works. 

Generally, no.

However, if a victim is subject to special protection under the Law of the Republic of Kazakhstan No. 72-II "On protection of participants in criminal proceedings" of 5 July 2000, he or she may be notified of the offender's release from custody, if the release of the offender may endanger the victim's security.