- 1 Introduction
- 2 The legal aid situation in the country
- 3 Sources of Defendant's Rights
- 4 Rights of the Accused
- 5 Rights of Counsel
- 6 Means of Protecting or Enforcing Rights
- 7 Pretrial Procedures
- 8 Court Procedures
- 9 Rights in prison
- 10 References
Quick Summary of the country's context
Kazakhstan (KZ) declared its independence in 1991 following the collapse of the Soviet Union. It has the largest economy in Central Asia and borders: China, Russia, Kyrgyzstan, Turkmenistan and Uzbekistan .
Type of Legal System
Kazakhstan practices the civil law system. It means that the main source of the legal system is the constitution, written statutes and other legal codes, which sanction and regulate, among other things, the jurisdiction of the courts, legal procedures and sentencing. In contrast, the common law system is mainly based on precedents, in other words, judicial decisions .
The judicial system in KZ is ruled by the highest courts: constitutional council and supreme court, and their subordinates: regional and local courts (see the constitution for general information on judge selection of the highest courts and their functionality).
The legal aid situation in the country
The constitution, article 13: 2. Everyone shall have the right to legal defense of his rights and freedoms. 3. Everyone shall have the right to take qualified legal assistance. In cases stipulated by law, legal assistance shall be provided free of charge.
For more details and contact links, about free legal aid, including of bar association, visit the following sites: 1) http://www.egov.kz (note, click on cached version if website fails to load); 2) http://www.redcrescent.kz (Kazakh Red Crescent); 3) http://www.bureau.kz (Kazakhstan International Bureau for Human Rights and the Rule of Law).
Sources of Defendant's Rights
National Sources of defendant’s rights
The constitution, including country's Criminal Procedure Code and Criminal Code are the national sources of defendant's rights.
International Sources of Defendant’s Rights
Article 4(3) of the constitution declares primacy of the ratified international agreements over the national laws. Also see the treaties signed and ratified by KZ on the United Nations' website .
Rights of the Accused
Right Against Unlawful Arrests, Searches and Seizures
The Constitution, article 16:
1. Everyone shall have the right to personal freedom.
2. Arrest and detention shall be allowed only in cases stipulated by law and only with the authorization of the with the right of appeal. See chapter 31 of CPCKZ (Criminal Procedure Code of the Republic of Kazakhstan) for more detailed information about searches and seizures, which must be authorised following existence of a sufficient evidence.
Right Against Unlawful Detention
The Constitution, article 16 in paragraph 2 continues that without the authorization of the court, a person shall be detained for a period of not more than seventy-two hours.
Right Not to be Tortured or Ill-Treated
1. Human dignity shall be inviolable.
2. No one should be subjected to torture, violence, abusive or other treatment and punishment degrading human dignity.
Right to Medical Care
The Constitution, article 29 guarantees the right to medical care.
Right to be Informed of Charges
The Constitution, article 16:
3. Every person detained, arrested and accused of committing a crime shall have the right to the assistance of a lawyer (defender) from the moment of detention, arrest or accusation.
CPCKZ, article 14:
3. Any person detained shall be immediately notified of the reason of detention, as well as in the commission of what offence under the criminal law, he (she) is suspected.
CPCKZ, article 26:
2. The body, conducting the criminal proceedings shall explain to the suspected, accused their rights and provide them the opportunity to defense themselves from suspicion, accusations by all means not prohibited by law, as well as take measures to protect their personal and property rights.
Right to Presumption of Innocence
The Constitution, article 77 (3):
1) a person is considered to be innocent of committing a crime until his guilt is recognized by the court judgment that has entered into legal force;
Right Against Self-Incrimination
The Constitution, article 77 (3):
6) the accused is not obliged to prove his innocence;
7) no one is obliged to testify against himself, or his spouse (-s) and close relatives, whose circle is determined by law. Priests are not obliged to testify against those who confided in them at confession;
Right to Counsel and Effective Assistance
Constitution, article 13: see a chapter above, 'The legal aid situation in the country'.
Right to a Present a Defense
CPCKZ, article 26:
1. The suspect, the accused have the right to defence. They can exercise this right both personally and with the help of a defence lawyer in the manner prescribed by this Code.
Right to Due Process
CPCKZ, article 8 declares as objectives of criminal procedure to ensure that suspects and accused of a crime/s shall have fair trial, correct application of criminal law, and be protected from unlawful restriction of their rights and freedoms.
CPCKZ, article 192:
8. The suspected, the victim shall have the right to appeal against the unjustified delay in the investigation and to file a petition to the procurator for establishment of a certain period, during which the person conducting the criminal prosecution shall complete the investigation of the case in full or to appeal to the court in the manner prescribed by this Code.
Right to Equal Protection of the Laws
Constitution, article 14:
1. Everyone shall be equal before the law and court.
Right to Bail
CPCKZ, article 145 explains terms of bail and notes that 'the pledge shall not be applied in cases stipulated by part nine of article 148 of this Code' (e.g. incases of grave crimes).
Right Against Ex Post Facto Prosecution
Constitution, article 77, 3:
5) laws that establish or strengthen liability, impose new duties on citizens or worsen their situation, do not have retroactive effect. If, after committing the offense, the responsibility for it is cancelled or mitigated by law, the new law shall be applied.
Right Against Double Jeopardy
Constitution, article 77, 3:
2) no one may be subjected to repeated criminal or administrative liability for the same offense.
Right to a Fair Trial
Also see above right to Due Process.
CPCKZ, article 11:
1. Criminal justice in the Republic of Kazakhstan shall be exercised only by the court. Assignment of powers of the court whosoever entails the criminal liability under the law.
2. No one shall be found guilty of a criminal offence, as well as subjected to criminal punishment except by a court decision and in accordance with the law.
Article 51: 2. Any criminal case can only be considered by legitimate, independent, competent and impartial composition of court that ensured by compliance with the rules of this Code:
II. Right to a Trial by Jury
CPCKZ, 52. The consideration of criminal cases in the courts of first instance shall be carried out by a single judge, and for especially grave crimes, upon the request of the accused, by a court with the participation of a jury consisting of one judge and ten jurors, with the exception of cases about
III. Right to a Speedy Trial
4. The main trial shall commence no earlier than three days from the date of notification of the parties of the place and time of the court hearing and no later than ten days at a reduced order of consideration, and fifteen days under the general order of consideration from the issuance of the decision on its appointment. In exceptional cases, this period may be extended by the decision of the judge, but not more than thirty days.
5. The main trial must be completed within a reasonable time.
IV. Right to an Impartial Judge
Constitution, article 72:
1. The courts consist of permanent judges whose independence is protected by the Constitution and the law.
CPCKZ, article 22:
1. A judge in the administration of justice shall be independent and subject only to the Constitution of the Republic of Kazakhstan and the law.
2. Any interference in the activities of the court in the administration of justice is prohibited and shall be punishable by law.
Right to Language Interpretation
CPCKZ, article 30:
3. Ensures use of the services of an interpreter and free of charge.
Right to Habeas Corpus
CPCKZ, article 14:
2. Detention and house arrest shall be allowed only in the cases provided by the present Code and only with the authorization of the court, with the right of the detainee to appeal to the court or house arrest.
1. Everyone shall have the right to life.
2. No one shall have the right to deprive life of a person arbitrarily. The death penalty is established by law as an exceptional punishment for terrorist offenses involving the death of people, as well as for particularly serious crimes committed in wartime, with giving the sentenced person the right to seek pardon.
Right to Appeal
CPCKZ, article 107:
1. In the course of the pre-trial investigation, the suspect, his/her defense lawyer, legal representative, victim, his/her legal representative, representative, a person whose rights and freedoms are directly affected by the act of the investigating judge, shall have the right to appeal. Also refer above to CPCKZ, article 192 (8) in the chapter, Right to Due Process. Also, see below the subchapter: iv Interrogation.
Rights of Counsel
Right to Provide Representation
CPCKZ, article 70 lists the rights of the defense counsel.
Right of Access to the Client
CPCKZ, article 70: 2. The defense counsel shall have the right to: 1) have with the suspected, accused a private and confidential meeting, without limitation of their number and duration.
Right to Information
CPCKZ, article 70: 2.The defense counsel shall have the right to access the relevant information and be involved in relevant procedures as described in the following subparagraphs 1) to 13).
Right to Confidential Communication with the Client
See CPCKZ article 70, 2. 1) provided above in the chapter: Right to Access to the Client.
Means of Protecting or Enforcing Rights
Exclusionary Rule and Nullity of Procedure
Constitution, article 77, 3:
9) evidence obtained in an unlawful manner is not legally binding. No one can be convicted solely on the basis of his own confession.
CPCKZ article 10:
3. Violation of the law by the court, the bodies of criminal proceedings in the criminal proceedings is inadmissible and entails liability under the law, annulment of illegal acts and their abolition.
See also article 112 of this Code for more details.
CPCKZ, article 30:
3. The persons, involved in the case who do not know or have insufficient command of the language in which the proceedings are conducted, shall be explained and ensured the right to make statements, give explanations and testimony, present petitions, file complaints, get acquainted with the case, appear in court in their native language or another language which they know, use free of charges the services of an interpreter in the manner prescribed by this Code.
9. The suspected shall have the right [among other things] to: 11) make applications, including on the adoption of security measures, and disqualifications.
2. The defense counsel shall have the right to: 6) present petitions, including on the adoption of security measures.
Also see article 99 about making applications and appeals.
Criminal Code of the republic of Kazakhstan (CCKZ) article 342:
1. Contempt of a court, that manifested in the insult to the participants of the court proceedings is punished by a fine ranging from one hundred to two hundred monthly calculation indices, or the involvement in the community service for a period from one hundred eighty to two hundred forty hours, or with the restraint of liberty for a period up to one year.
2. The same offence, that manifested in the insult to a judge and (or) a juror is punished by a fine ranging from two hundred to five hundred monthly calculation indices, or with the corrective labor for a period from one year to two years, or with the restraint of liberty for a period up to two years.
See article Article 167 for filing a civil claim.
Police is a part of internal affairs, which is the one of the bodies of inquiry in the republic. See CPCKZ, article 61 (The body of inquiry), including the law (No. 199-V.) 'On Internal Affairs Bodies of the Republic of Kazakhstan .
CPCKZ, article 181 explains the crime reporting and its procedural requirements and registration. 1. Statements of an individual about a criminal offense may be oral and written or in the form of an electronic document. See following paragraphs of the article for detailed information.
II. Arrest, Search and Seizure Laws
• Right to Search & Seizure CPCKZ, article 252: 2. The grounds for performing search are the existence of sufficient evidence to believe that these objects or documents may be in a particular premise or any other place or at a particular person.
Article 254: 1. Searches and seizures are carried out by the person conducting the pretrial investigation on the basis of a reasoned decision. An order for search and seizure of documents containing State secrets or other legally protected secrets must be authorized by an investigating judge. 3. In exceptional cases, when there is a real fear that the person wanted and (or) subject to be seized due to the delay of its discovery may be lost, damaged or used for criminal purposes, or the wanted person can escape, the search and seizure may be carried out without the sanction of the investigating judge in the manner prescribed by part fourteen of Article 220 of this Code.
Article 255: 3. A personal search can be carried out without issuing a special resolution and the sanction of the investigating judge in the presence of one of the following cases: 1) if there are reasonable grounds to believe that a person who is in a room or in another place where a search is carried out in compliance with the requirements of Article 254 of this Code, conceals documents or objects that may be relevant to the case; 2) if it is performed during the arrest of a person or his detention in custody. In this case, a personal search can be carried out in the absence of witnesses.
• Right to Arrest CPCKZ, article 128 lists the grounds for detention of a suspect in committing a crime, e.g. 1) when the person is caught during the commission of the crime or immediately after its commission; 2) when eye-witnesses (witnesses), including the victims, directly point out the person committed the crime or detain that person in the manner prescribed in Article 130 of this Code; 3) when clear evidence of a crime will be found in that person or his (her) clothes with him (her) or in his (her) home.
See the article for more complete information.
• Pretrial Detention CPCKZ, article 151: 1. The period of detention in custody at the pre-trial investigation may not exceed two months, except in exceptional cases, provided for in this Code. The following paragraphs of the same article state the terms and requirements for extension of the detention.
• Enforcing the Rules (Protection form Illegal Police Procedures) See above the chapter: Exclusionary Rule and Nullity of Procedure.
III. Lineups and other identification procedures
CPCKZ, article 230: 1. A person, subject to identification, is presented to the identifying person together with other persons of the same sex who do not have sharp differences in appearance and clothing. The total number of persons, presented for identification, must be at least three. This rule does not apply to the identification of a human corpse. 6. If it is impossible to present a person, the identification can be made by his (her) photo, presented together with photographs of others, possibly similar in appearance to an identifiable, in an amount not less than three, as well as by sound and video recording. 7. The object is presented in a group of similar items in an amount of not less than three. When identifying the object for which it is impossible or difficult to pick up similar objects, identification is performed on a single presented sample.
See the article for more details.
• Before Formal Charge in Court CPCKZ, article 64: 2. The criminal prosecution body at the time of arrest immediately, prior to the production of any investigative actions, involving the suspected is obliged to explain to the suspected his (her) rights under this Code, as is noted in the protocols of arrest, interrogation protocol of the suspected and decisions on the recognition of a person as suspected and on qualifications of the acts of the suspected. 3. In the case of arrest of a suspected, he (she) must be questioned no later than twentyfour hours from the moment of the arrest protocol, while ensuring the right to private and confidential meeting before the first interrogation with his (her) chosen or appointed defense counsel. The arrested suspected has the right to immediately report by telephone or other means at his (her) place of residence or work about his (her) detention and place of detention.
• After Defendant is Formally Charged CPCKZ, chapter 26, explains, inter alia, procedures, protocols, rules time, duration and rights of a suspect. Article 208: 1. A witness, victim, suspected is called for interrogation by the person conducting the pretrial investigation, by notice. The notice shall specify the surname, first name, patronymic (if any) of a person, called for interrogation, the surname, first name, patronymic (if any), position of the person to whom the person is calling, the address and time to appear for interrogation (day, hour), the right to invite a lawyer, as well as the consequences of failure to appear without good reason. The person may be called by using other means of communication. Article 209: 1. Interrogation shall be conducted at the place of the pre-trial investigation. The person, conducting the pre-trial investigation, may, if it deems necessary, carry out the interrogation at the location of the interviewee. 2. The interrogation is conducted in the daytime, except in cases of urgency. See CPCKZ, article 367, for terms of interrogation of defendant during trial.
• Enforcing the Rules (procedures to protect against illegal interrogation) CPCKZ, article 64: 6. If the suspected does not exercise his (her) right to refuse to testify before the first interrogation, he (she) shall be warned that his (her) testimony can be used as evidence in criminal proceedings, including his (her) subsequent refusal from this evidence. 9. The suspected shall have the right to: 5) have a private and confidential meeting with the chosen or appointed defense counsel, including prior to the interrogation; 6) give testimony only in the presence of the defense counsel, except in cases of refusal from him (her); 8) refuse to testify. Article 209: 3. The interrogation cannot go on continuously for more than four hours. Continuation of the interrogation is allowed after a break of not less than one hour for rest and meals, and the total length of interrogation during the day shall not exceed eight hours. In the case of medical indications, the length of the interrogation shall be established on the basis of the written doctor’s conclusion. 3-1. Continuous interrogation shall not exceed three hours, and the total duration of interrogation shall not exceed five hours: 1) a pregnant woman or a woman with a dependent minor child; 2) women aged fifty-eight and over; 3) men aged sixty-three and over.
See Chapter 26, and articles 64 and 367 of CPCKZ for more details.
I. Charging Instrument
According article 297 of CPCKZ, pre-trial investigator facilitates familiarisation with the case by all parties for additional statements or applications before transferring the case to the prosecutor. See also article 300: 'Direction of the indictment and criminal case to the procurator'. CPCKZ, article 299 lists contents of indictment, inter alia, time, place, name of a person that made indictment, date of birth, name of accused, information about date, place and nature of criminal offence and victim. The following articles (Chapter 39) 301 to 305, describe procedural actions and assessment of the case, including validity of the indictment, by the prosecutor before sending it to the court. In addition, article 304 ensure that the indictment is handed over to the accused. Signed acknowledgement confirming the receipt by the accused of the indictment, containing an explanation of the rights of the accused, shall be attached to the case.
II. Preliminary Hearing
CPCKZ, article 321:
1. Conducting a preliminary hearing in cases of particularly serious crimes is mandatory. In other cases, a preliminary hearing is conducted, if necessary to decide to transfer the case to another jurisdiction, sending the case to the procurator, dismiss the case, suspend the proceedings, the combining and separation of criminal cases, as well as consideration of the application of the parties.
2. A preliminary hearing is conducted by a single judge in the court hearing within ten days from the date of the decision to hold it. The parties shall be notified about the time and place of the preliminary hearing. The protocol shall be kept during the preliminary hearing.
See rest of the paragraphs of this article for more details.
III. Pretrial Applications and Petitions
CPCKZ, article 99: 1. The participants to the criminal proceedings may apply to the person, conducting the pretrial investigation, the procurator, the judge (court) with applications for production of procedural actions or making procedural decisions to establish the circumstances, relevant to the criminal proceedings, ensuring the rights and legitimate interests of the person, making a request, or the person they represent. Kazakhstan 2. Making applications is possible at any stage of the process. The person, who made an application, must specify to determine what circumstances he (she) requests to perform an action or making a decision. Written requests shall be attached to the materials of the criminal case oral requests shall be recorded in the protocols of the investigative action or court session.
See above subchapter ('Petitions') for additional information.
CPCKZ, article 296: 4. When the suspect and defence counsel have finished familiarizing themselves with the case file, the person conducting the pretrial investigation must ask them whether they are submitting petitions and what they wish to do and what other statements they wish to make. Failure of the parties to provide in full the evidence and other materials available at that time shall result in their being declared inadmissible as evidence. In this case, the defense party has the right, regardless of the motives, not to provide the body of pre-trial investigation with the proof, which, in its opinion, is of particular importance for the interests of the protection of the suspect.
I. Nature of Trial
CPCKZ, article 29 states that the trial shall be public except circumstances when the trail involves, inter alia, state secrets, sexual offences, necessity to protect private lives. According to article 30, the proceedings are conducted in official languages (Kazakh and Russian) and when necessary, other languages are also used. Paragraphs 3 and 4 ensure translation of the case material and services of an interpreter of free of charge. CPCKZ, article 331: 1. In the proceedings all the evidence in the case shall be subject to direct research. The court must hear the testimony of the defendant, victim, witnesses, and announce and explore the findings of experts, examine material evidence, read out protocols and other documents, produce other judicial actions to study the evidence, except as provided in this Code. 3. The court’s sentence can be based only on evidence, which is examined in the court session, and with reduced judicial investigation - on the evidence, obtained during the investigation and inquiry, and not disputed by the parties in court. CPCKZ, article 340: 1. The main trial is conducted only in relation to the defendant and to the extent of that charges on which he (she) is brought to trial, except in the case provided for in the second part of this article.
CPCKZ, article 335: 1. The main trial takes place with the obligatory participation of the defendant, except in cases specified in the second part of this Article. E.g. under request of defendant or when defendant is outside the jurisdiction of Kazakhstan.
• Participation of Defence Lawyers CPCKZ, article 67 lists the conditions for mandatory participation of defense counsel. E g. if defendant has physical or mental disability, does not speak the language of the court proceedings, potential of prison sentence of more than ten years, life imprisonment or the death penalty.
Also, see article 336 of this Code.
• Participation of Public Prosecutors CPCKZ, article 337: 1. Participation in the main trial of the procurator as a public prosecutor is mandatory, except in the cases of private prosecution. See rest of the paragraphs for more information about prosecutor's responsibilities and requirements during the trial.
IV. Expert Witnesses
CPCKZ, articles, 79 and 80 defines duties, rights, and limitations of the experts and specialists. On the basis of the articles 360 and 361, 'the presiding judge shall explain to the expert and specialist their rights and duties provided for in the articles 79 and 80 of this Code, and warns them of criminal liability for giving knowingly false conclusion about what the expert gives a subscription, which is attached to the protocol of the main trial.
CPCKZ, article 52: 1. The consideration of criminal cases shall be presided by a single judge, and for especially grave crimes, upon the request of the accused, by a court with the participation of a jury consisting of one judge and ten jurors, with some exceptions, e.g. cases about the mass killings during riots and terrorist crimes.
Article 334: 2. The presiding judge directs the court session, in the interests of justice takes all the measures provided for in this Code to ensure equality of rights of the parties, maintaining objectivity and impartiality, creates the necessary conditions for an objective and complete investigation of the circumstances of the case. The presiding judge also ensures compliance with regulations of the court session, explains to all participants of the trial of their rights and responsibilities, and procedures for their implementation. In case of objection of any of the persons involved in the trial against the actions of the presiding judge, these objections shall be recorded in the protocol of the court session.
Also see articles 54 and 57 of this Code about the duties, rights and limitations of the judges.
CPCKZ, article 338 states that 'the main trial takes place, with the participation of the victim or his/her representative'. However, according to paragraph 3, the victim can be released from presence by the court under his/her request but the he/she must appear at the court to testify.
CPCKZ, article 388 asserts that sentence shall be lawful, in compliance with all requirements of the law, decided on the basis of a comprehensive and objective investigation at the court session of the evidence presented to the court.
CPCKZ, article 388:
1. In sentencing, the court resolves the following questions in the deliberation room:
1) whether it is proved that the act in the commission of which the defendant is charged, occurred;
2) whether the act is a criminal offence, and how exactly it is provided by the criminal law;
3) whether it is proved the commission of the act by the defendant;
4) whether the defendant is guilty of committing the criminal offence;
5) whether there are circumstances, mitigating or aggravating his (her) liability and punishment;
6) whether the defendant is subject to punishment for the commission of the criminal offence;
7) what punishment should be imposed to the defendant;
See the rest of the paragraphs and subparagraphs of this article for the complete list of of issues that must be resolved before sentencing. Article 391 of this Code reiterates that sanity of the defendant shall be reconsidered again by the judge/s, who may terminate the criminal case, and decide on the application to the defendant of compulsory medical measures.
Article 393 describes the judgement on conviction and the following article 394 on acquittal of the defendant.
Article 402: 1. After the signing of the full text of the sentence, the presiding judge returns to the courtroom and proclaims the sentence standing. All those present in the courtroom listen to the sentence standing.
See chapter 46 (Sentencing) for complete information about sentencing.
I. Right to Counsel
Right to counsel is guaranteed by the constitution (article 13) as mentioned earlier. Also article 67, para. 1. says that participation of defense counsel in criminal proceedings is mandatory: 1) 'if so requested by the suspected, accused, defendant, convicted or acquitted. Therefore, not providing a defense counsel under the request or when it is mandatory under another circumstances as described in article 67 of this Code, is a valid ground of the appeal.
II. Grounds for Appeal
CPCKZ, article 31:
1. The actions and decisions of the court and the body for criminal prosecution can be appealed in the manner prescribed by this Code.
2. Every convicted or acquitted person shall have the right to reconsideration of the sentence by a higher court in the manner prescribed by this Code.
Articles in the chapter 49 provide, among other things, the grounds that may result in cancelations of the sentence. In other words, same articles can be used for determination of more specific grounds for appealing the decision. E.g. article 433 lists the grounds of cancelation or change of the sentence:
1) one-sidedness and incompleteness of the judicial investigation;
2) inconsistency of the court’s findings set out in the sentence, decision to the facts of the case;
3) a material breach of the criminal procedure law;
4) incorrect application of the criminal law;
5) non-compliance of the punishment to the severity of the criminal offence and the personality of the convicted.
Note that following articles explain more comprehensively meaning and applicability of these grounds.
Rights in prison
Rights and Obligations of Convicted Persons
Article 10, para. 1. of the Penal Execution Code of the Republic of Kazakhstan (PECKZ), lists the basic rights of the imprisoned persons, who shall have the right to:
1) receipt of information on procedure, conditions of serving a sentence and their changes...;
2) and 3) lodge petitions, applications and complaints;
4) recognition of their human dignity, protection from torture, cruel, degrading treatment;
5) personal security;
6) use of their spoken language for formal matters (e.g. petitions, complaints) and an interpreter;
7) receipt of competent legal assistance;
8) protection of health and receipt of competent medical treatment;
9) mental health care.
2. Allows convicted foreign and stateless persons to communicate with diplomatic representations and consular institutions of own states or with international organizations carrying out their protection.
3. Convicted persons that are disabled persons with speech, hearing, visual defects shall have the right to use the services of specialists that may speak sign language or Braille alphabet.
4. Convicted persons may not be subject to clinical examinations .
See article 11 of this code for list of obligations of convicted persons.
See chapter 18 for more detailed explanations about the conditions and rights and obligations of the convicted persons.
Rights of Special Populations
According to article 94, 1., separate detention of convicted men and women, minor children and adults shall be established in the institutions.
Note, there are special mitigating provisions scattered throughout this Code that is applied or may apply to pregnant women, nursing mothers, single parents, parents with disabled children, juveniles, and persons with mental and physical disabilities.