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КАЗАХСТАН
KZ086
Назад
CRIMINAL CODE NO. 226-V OF JULY 3, 2014 (AS AMENDED BY LAW OF THE REPUBLIC OF
KAZAKHSTAN NO. 248-V OF NOVEMBER 7, 2014)
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Criminal Code No. 226-V of July 3, 2014 (as amended by Law of the Republic of
Kazakhstan No. 248-V of November 7, 2014)
Penal Code of the Republic of Kazakhstan
Unofficial translation
The Code of the Republic of Kazakhstan dated 3 July 2014 No. 226-V of the Law of
the
Republic of Kazakhstan
Unofficial translation
GENERAL PART
SECTION 1. CRIMINAL LAW
Article 1. Criminal legislation of the Republic of Kazakhstan
1. Criminal legislation of the Republic of Kazakhstan consists of this Penal
Code
of the Republic of Kazakhstan. Other Laws, providing criminal responsibility
shall
subject to application only after their inclusion in this Code.
2. This Code shall be based on the Constitution of the Republic of Kazakhstan
and
generally recognized principles and regulations of international right.
Constitution of
the Republic of Kazakhstan has supreme legal force and direct effect on the
entire
territory of the Republic. In the case of contraventions between regulations of
this
Code and Constitution of the Republic of Kazakhstan, the provisions of the
Constitution
act. The regulations of this Code, recognized as unconstitutional, as well as
derogating
from the rights and liberties of an individual and a citizen, vested by
Constitution of
the Republic of Kazakhstan shall lose legal force and not subject to
application.
Regulatory resolutions of the Constitutional Council and the Supreme Court of
the
Republic of Kazakhstan shall be a component part of criminal legislation of the
Republic
of Kazakhstan.
3. International treaties, ratified by the Republic of Kazakhstan, shall have
priorities before this Code and applied immediately, except the cases unless the
international treaty that its application requires the issuance of law.
Article 2. Objectives of the Penal Code
1. Objectives of this Code shall be:
protection of rights, freedoms and legal interests of the person and of the
citizen, property, rights and legal interests of organizations, public order and
security, environment, constitutional order and territorial integrity of the
Republic of
Kazakhstan, protected by the Law of societal interests and state from
socially-dangerous
infringement, protection of peace and human security, as well as prevention of
criminal
infractions.
2. To attain these objectives this Code shall establish grounds of criminal
responsibility, determine which of the actions, dangerous for the individual,
society
and the state shall be criminal offences, in other words criminal actions or
criminal
offences, provide for punishment and other measures of criminal and legal effect
for
their commission.
Article 3. Explanation of some concepts, contained in this Code
The concepts, contained in this Code, shall have the following meanings, if
there
are no special instructions in the Law:
1) exploitation of a person – use the forced labour by guilty person, in other
words any work and service, required from a person by application of force or
threat of
its application, for execution of which this person is not voluntary proposed
their
services, except for the cases, provided by the Laws of the Republic of
Kazakhstan;
use by guilty person of prostituting engaged by other person or other services
rendered by him (her) in order of appropriation of earned incomes and equally
forcing a
person to provide sexual services without prosecution this goal by guilty
person;
forcing a person to engage in begging, in other words to commission of
antisocial
actions, related with begging money from other persons and (or) other property;
other actions, related with exercising of powers of possessor by a guilty person
in relation of person who due to reasons, not depending on it cannot refuse to
perform
the work, and (or) services to the guilty person and (or) other person;
2) significant damage and good sized – in Articles: 198 and 199 - extent of
damage
or cost of rights to use intellectual property or cost of copies of copyright
objects
and (or) related rights or goods, containing inventions, utility models,
industrial
designs, selection achievements or topography of integral circuits, hundredfold
exceeding the monthly calculation index; 202 – a damage in the amount,
hundredfold
exceeding the monthly calculation index; 214- quantity of goods, the cost of
which
exceeds one thousand monthly calculation indices; 218 - money and (or) other
property,
obtained by illegal means, in the amount, exceeding two thousand monthly
calculation
indices; 233 - damage caused in the amount, five hundred times exceeding monthly
calculation index; 325, 326, 328, 335, 337 and 342 – value terms of expenses,
necessary
for rehabilitation of the environment and consumer properties of natural
resources, in
the amount, exceeding one hundred monthly calculation indices; in other Articles
-
extent of damage in the amount, hundredfold exceeding the monthly calculation
index; 366
and 367 – amount of money, cost of securities, other property or benefit of
property
nature from fifty to three thousand monthly calculation indices;
3) especially heavy damage and especially largest size – in Articles: 188, 189,
190, 191, 192, 194, 197, 202 and 204 – value of the property or extent of
damage, in two
thousand times exceeding the monthly calculation index; 214 - income, the amount
of
which exceeds twenty thousand monthly calculation indices; 215 and 216 – a
damage,
caused to the citizen in the amount, in five thousand times exceeding the
monthly
calculation index, or damage, caused to the organization or the state in the
amount,
exceeding fifty thousand monthly calculation indices; 217 - income, the amount
of which
exceeds five thousand monthly calculation indices; 229, 230 - a damage in the
amount, in
twenty thousand times exceeding the monthly calculation index; 234 - the cost of
transferred goods, exceeding ten thousand monthly calculation indices; 245 – the
amount
of payments, not received in a budget, exceeding fifty thousand monthly
calculation
indices; 253 – amount of money, cost of securities, other property or benefit of
property nature, exceeding two thousand monthly calculation indices; 307 –
income, the
amount of which exceeds five thousand monthly calculation indices; 324, 325,
326, 328,
329, 330, 332, 333, 334, 337 and 343 - value terms of expenses, necessary for
rehabilitation of the environment and consumer properties of natural resources,
in the
amount, exceeding one hundred monthly calculation indices; 365 - a damage,
caused to the
citizen in the amount, in one thousand times exceeding the monthly calculation
index, or
damage, caused to the organization or the state in the amount, in ten thousand
times
exceeding the monthly calculation index; 366 и 367 - amount of money, cost of
securities, other property or benefit of property nature over ten thousand
monthly
calculation indices; in other Articles - extent of damage in the amount, in two
thousand
times exceeding the monthly calculation index;
4) grave consequences – the following consequences in the cases where they are
not
specified as a sign of a component element of criminal infraction, provided by
this
Code:
death of a person; the death of two or more persons; suicide of injured person
(injured person) or his (her) close (close); infliction of grievous harm to
health,
infliction of grievous harm to health to two or more persons; mass disease,
infection,
exposure or poisoning people; aggravation of population and environment;
beginning of
unintended pregnancy; beginning technogenetics or ecological disaster,
environmental
emergency; infliction of heavy or specially heavy damage; failure of execution
of tasks,
set by high command; endangering of the state, disaster or accident; long-run
decline of
the combat readiness level and combat capability of military units and elements;
failure
of performance of combat task; bringing out of operation of military equipment;
other
consequences, testifying the gravity of the damage caused;
5) administrative-and-household functions - the right to manage and disposition
of
property, being on the books of organization, granted in the manner established
by the
Law of the Republic of Kazakhstan;
6) military and criminal infraction – an action, provided by Chapter 18 of this
Code, directed against the established procedure of military service duty,
committed by
military servants, doing military service on call or under the contract in the
Armed
Forces of the Republic of Kazakhstan, other military services and military
formations of
the Republic of Kazakhstan, as well as citizens staying in reserve, during
training
meetings passing by them;
7) a gang - organized group, pursuing the objective of attack against citizen or
organization with making use or threat of use of weapons or materials, used as
weapons;
8) other motor vehicles – tractors, motorcycles, self-propelled vehicles
(excavators, crane trucks, road scrapers, rollers);
9) representatives of authority – a person, being in the state service, vested
with regulatory power in the manner established by the Law of the Republic of
Kazakhstan
in relation of persons, not being in subordination from it, as well as an
employee of
law enforcement or special state body, the body of military police, military
servant,
participating in ensuring of public order;
10) insignificant size – in Article 187 - cost of property, belonging to the
organization, not exceeding ten monthly calculation indices, or property,
belonging to
the individual, not exceeding the two monthly calculation indices;
11) grievous harm to health - harm to human health, danger to his (her) life or
other harm to health that results in: loss of vision, speech, hearing or any
organ; loss
by organ of its function; lasting disfigurement of face, impairment of health,
related
with significant stable loss of general capacity for work of not less than
one-third;
total loss of occupational capacity; termination of pregnancy; mental disease;
drug
addiction or drug abuse;
12) average-gravity harm to health – harm to human health, no danger to his
(her)
life, caused a long-term impairment of health (for the term of more than
twenty-one
days) or significant stable loss of general capacity for work (less than
one-third);
13) light harm to health – a harm to human health, resulted a short term
impairment of health (for the term of not more than twenty-one days) or
significant
stable loss of general capacity for work (less than one-tenth);
14) substantial harm – the following consequence’s in the cases where they are
not
specified as a sign of a component element of a criminal infraction, provided by
this
Code:
infringement of constitutional rights and freedoms of person and citizen, rights
and legal interests of organizations, legally protected societal interests and
the
state; infliction of significant harm; occurrence of difficult real-life
situation of
injured person; derangement of organizations or the state bodies; disruption of
important military activities or short-term decline of the combat readiness
level and
combat capability of military units and elements; untimely detection or holding
off an
attack of armed groups or separate armed persons, land, air and sea military
equipment,
admission of unhampered illegal transborder infiltration of the Republic of
Kazakhstan
of persons and means of transport, transfer of smuggled goods, connivance to the
actions, infliction of damage to the border facilities, technical equipment of
border
control; other consequences, testifying the essentiality of caused harm;
15) contractor – a person, specially recruited for participation in the armed
conflict, military actions or other violent acts, directed to the toppling or
subversion
of constitutional order or violation of territorial integrity of the state,
acting in
order to obtain material compensation or other personal benefit, which is not a
citizen
of a party, being in conflict, or the state, against of which the specified
actions are
directed, not included in the military personnel of a party, being in conflict,
not sent
by another state for performance of official duties as a person, included in the
armed
forces posture;
16) a person, holding an important public position, - a person, holding a
position
which is established by the Constitution of the Republic of Kazakhstan,
constitutional
and other Laws of the Republic of Kazakhstan for direct execution of functions
of the
state and powers of the state bodies, as well as a deputy of Parliament, a
judge, and
equally a person, holding political public position or administrative public
position of
“A” block according to the legislation of the Republic of Kazakhstan on the
state
service;
17) stealing – illegal uncompensated seizure and (or) conversion of other
people's
property for the benefit of guilty person or other persons, committed with a
mercenary
motive, caused a damage to the possessor or other owner of this property;
18) illegal paramilitary unit – formation (association, detached unit, brigade
or
other group, consisting of three or more people), not provided by the
legislation of the
Republic of Kazakhstan, having organizational structure of paramilitary type,
having a
unity of command, combat capability, strict discipline;
19) a person, exercising managerial functions in a commercial or other
organization – a person, permanently, temporary or by special authority
performing
organizational/management or administrative type duties in organization, that is
not a
state body, local government body or organization, a state share of which is
more than
fifty percent;
20) transport – railway, automobile, sea,
inland water transport, as well as sea and river small size vessel, air, urban
electric, as well as underground, as well as major pipeline transport, being in
the
territory of the Republic of Kazakhstan;
21) leader of public association – a head of public association, as well as
other
participant of public association, capable through his (her) influence and
authority
singly provide control action on activity of this public association;
22) coordination of criminal actions – coordination between organized groups
(criminal organizations) in order of jointly commission of crimes (creating
sustainable
relationships between the heads and other participants of organized groups
(criminal
organizations), development of plans, conditions for commission of crimes, as
well as
division of criminal scopes of influence, incomes from criminal activity);
Note of RCLI!
Subparagraph 23) is provided to be in the wording of the Law of the Republic of
Kazakhstan dated 07.11.2014 No. 248-V (shall be enforced from 01.01.2015).
23) criminal society – an association of two or more criminal organizations,
colluded for joint commission of one or more criminal infractions, and equally
creating
conditions for independent commission of one or more criminal infractions of any
of
these criminal organizations;
24) criminal group – organized group, criminal organization, criminal society,
transnational organized group, transnational criminal organization,
transnational
criminal society, terrorist group, extremist group, gang, illegal paramilitary
unit;
25) criminal organization – an organized group, participants of which are
distributed on organizationally, functionally and (or) territorially detached
groups
(structural subdivisions);
26) civil servant – a person, permanently, temporary or by special authority
exercising functions of representative of authority or performing
organizational/management or administrative-and-household functions in the state
bodies,
local government bodies, as well as in Armed Forces of the Republic of
Kazakhstan, other
military forces and military formations of the Republic of Kazakhstan;
27) a person, authorized to perform public functions, - a state servant in
accordance with the legislation of the Republic of Kazakhstan on the state
service, a
deputy of maslikhat;
28) a person, equated with persons, authorized to perform public functions, - a
person, elected to the local government bodies; a citizen, registered in the
manner
established by the Law of the Republic of Kazakhstan as a candidate for the
President of
the Republic of Kazakhstan, deputies of the Parliament of the Republic of
Kazakhstan or
maslikhats, as well as members of elective local government body; servant,
permanently,
temporary working in a local government body, payment for labour of which is
effected
from the means of the state budget of the Republic of Kazakhstan; a person,
exercising
managerial functions in the state organization or organization, in a charter
capital of
which a state share is more than fifty percent, as well as in a national
managing
holding, national holding, national company, national institute of development,
a
shareholder of which is the state, their branch organization, more than fifty
percent of
the voting shares (share of participation) of which belong to them, as well as
legal
entity, more than fifty percent of the voting shares (share of participation) of
which
belong to the specified branch organization; servants of National Bank of the
Republic
of Kazakhstan and its departments;
29) corruption crime – actions, provided by Articles 189 (paragraph 2) of the
third part), 190 (paragraph 2) of the third part), 215 (paragraph 3) of the
second
part), 216 (paragraph 4) of the third part), 217 (paragraph 3) of the third
part), 218
(paragraph 1) of the third part), 234 (paragraph 1) of the third part), 249
(paragraph
2) of the third part), 307 (paragraph 3) of the third part), 361, 362(paragraph
3) of
the fourth part), 364, 365, 366, 367, 368, 369, 370, 450, 451 (paragraph 2) of
the
second part) and 452 of this Code;
30) crimes of terrorism – actions, provided by Articles 170, 171, 173, 177, 178,
184, 255, 256, 257, 258, 259, 260, 261, 269 and 270 of this Code;
31) terrorist group – an organized group, pursuing the objective of commission
of
one or several terrorist crimes;
32) a person, holding a leading position, - a person, vested with authority by
heads of organized groups (criminal organizations) on coordination of criminal
actions,
or person for whom the group members recognize the right to take the most
important
decisions, affected their interests and determining direction and nature of
their
criminal activity;
33) transnational criminal society – an association of two or more of
transnational criminal organizations;
34) transnational criminal organization - criminal organization, pursuing the
objective of commission of one or several criminal infractions in the territory
of two
or more states or one state, upon organization of commission of action or upon
management of its execution from territory of other state, and upon
participation of
citizen of other state;
35) transnational organized group - an organized group, pursuing the objective
of
commission of one or several criminal infractions in the territory of two or
more states
or one state, upon organization of commission of action or upon management of
its
execution from territory of other state, and upon participation of citizen of
other
state;
36) an organized group – sustained group of two or more persons, previously
combined in order to commission of one or several criminal infractions;
37) organizational/management functions – a right to issue the orders and
decrees,
provided in the manner established by the Law of the Republic of Kazakhstan,
compulsory
for execution by career subordinated persons, as well as use incentives and
disciplinary
sanctions in relation of subordinated;
38) heavy damage and largest amount – in Articles: 185, 186 and 458 - a damage
in
the amount, in five hundred times exceeding the monthly calculation index; 188,
189,
190, 191, 192, 194, 195, 196, 197, 200, 202 and 204 – cost of property or extent
of
damage, in five hundred times exceeding the monthly calculation index; 198 and
199 –
extent of damage or cost of rights to the use of items of intellectual property
or the
cost of copies of copyright objects and (or) related rights or goods, containing
inventions, utility models, industrial designs, selection achievements or
topology of
integral circuits, in five hundred times exceeding the monthly calculation
index; 214 –
an income, the amount of which exceeds ten thousand monthly calculation indices;
214,
221, 237, 238, 239, 240, 242 и 243 – a damage, caused to the citizen in the
amount, in
one thousand times exceeding the monthly calculation index, or damage, caused to
the
organization or the state in the amount, in ten thousand times exceeding the
monthly
calculation index; or damage, caused to the organization or the state in the
amount, in
ten thousand times exceeding monthly calculation index; 215 и 216 – a damage,
caused to
the citizen in the amount, in one thousand times exceeding the monthly
calculation
index, or damage, caused to the organization or the state in the amount,
exceeding
twenty thousand monthly calculation indices; 217 – an income, the amount of
which
exceeds one thousand monthly calculation indices; 218 – money and (or) other
property,
obtained by illegal means, in the amount, exceeding twenty thousand monthly
calculation
indices; 219, 222, 223, 224, 225, 226, 227, 228 and 241 – a damage, caused to
the
citizen in the amount, hundredfold exceeding the monthly calculation index, or
damage,
caused to the organization or the state in the amount, in one thousand times
exceeding
the monthly calculation index; 220, 229, 230 – a damage in the amount, in ten
thousand
times exceeding the monthly calculation index; 221 – an income, the amount of
which
exceeds twenty thousand monthly calculation indices; 231 – cost of banknotes,
coins,
securities, foreign currency, in relation of which a forgery is committed, in
five
hundred times exceeding the monthly calculation index, 234 – the cost of
transferred
goods, exceeding five thousand monthly calculation indices; 235 – the amount of
unreturned means in a national or foreign currency, exceeding fifteen thousand
monthly
calculation indices; 236 – the cost of unpaid customs payments, exceeding five
thousand
monthly calculation indices; 244 – the amount of payments, not received in a
budget,
exceeding two thousand monthly calculation indices; 245 – the amount of
payments, not
received in a budget, exceeding twenty thousand monthly calculation indices; 247
– the
amount or the cost of rendering services, received by person, exceeding three
hundred
monthly calculation indices; 253 – amount of money, cost of securities, other
property
or benefit of property nature, exceeding five hundred monthly calculation
indices; 258–
amount of money, cost of property, benefits of property nature, services
rendered,
exceeding one thousand monthly calculation indices; 274 – a damage, caused to
the
citizen in the amount, in one thousand times exceeding the monthly calculation
index, or
a damage, caused to organization or the state in the amount, in ten thousand
times
exceeding the monthly calculation index; 292 – a damage, caused to the
individual in the
amount, in five hundred times exceeding the monthly calculation index, or
damage, caused
to organization or the state in the amount, in one thousand times exceeding the
monthly
calculation index; 307 – income, the amount of which exceeds one thousand
monthly
calculation indices; 323 – the cost of medicinal products, medical products or
products
of medical equipment, in relation of which falsification is committed, exceeding
one
thousand monthly calculation indices; 324, 325, 326, 328, 329, 330, 332, 333,
334, 335,
337, 338, 340, 341 and 343 – value terms of expenses, necessary for
rehabilitation of
the environment and consumer properties of natural resources, in the amount,
exceeding
one thousand monthly calculation indices; 344 – extent of damage, exceeding two
thousand
monthly calculation indices; 350, 354, 355 and 356 – a damage, caused to the
citizen,
hundredfold exceeding the monthly calculation index, or damage, caused to
organization
or the state in the amount, in five hundred times exceeding the monthly
calculation
index; 365 – a damage, caused to the citizen, hundredfold exceeding the monthly
calculation index, or damage, caused to organization or the state in the amount,
in one
thousand times exceeding the monthly calculation index; 366 and 367 – amount of
money,
cost of securities, other property or benefit of property nature over three
thousand to
ten thousand monthly calculation indices; 399 – the cost of special technical
devices,
exceeding five thousand monthly calculation indices; in other Articles - extent
of
damage in the amount, in five hundred times exceeding the monthly calculation
index;
39) extremist crimes – actions, provided by Articles 174, 179, 180, 181, 182,
184,
258, 259, 260, 267, 404 (of the second and third part) and 405 of this Code;
40) extremist group – an organized group, pursuing the objective of commission
of
one or several extremist crimes;
41) electronic media - tangible medium, used for recording, storage and replay
of
information, processed by means of computer technology.
Article 4. Grounds of criminal responsibility
The only ground of criminal responsibility is commission of criminal infraction,
in other words the action that contains all the signs of component element of
the crimes
or criminal offence, provided by this Code. No one may be subject twice to
criminal
responsibility for the same criminal infraction. The application of criminal Law
is not
permitted by analogy.
Article 5. An effect of criminal Law in time
Criminality and penalty of action shall be determined by the Law, effected
during
commission of this action. Time of commission of a criminal infraction shall be
the time
of implementation of socially dangerous action (omission) independent from the
time of
the consequences.
Article 6. Retroactive effect of the criminal Law 1. The Law, eliminating the
crime or penalty of action, mitigating responsibility
or punishment or otherwise improving the situation of person, committed a
criminal
infraction shall have a retroactive effect, in other words shall be applied to
the
persons, committed an appropriate action before introduction this Law into
effect, as
well as to the persons, serving the sentence or served sentence, but have a
conviction.
2. If a new criminal law mitigates the penalty of action, for which the person
is
serving a sentence, the imposed sentence shall be subject to reduction within
the
sanctions of newly issued criminal law.
3. The Law, establishing the crime or penalty of action, strengthening the
responsibility or punishment, or otherwise aggravating the situation of person,
committed this action, shall not have a retroactive effect.
Article 7. Effect of criminal Law in relation of persons,
committed a criminal infraction in the territory of
the Republic of Kazakhstan
1. A person, committed a criminal infraction in the territory of the Republic of
Kazakhstan shall subject to responsibility under this Code.
2. A criminal infraction, committed in the territory of the Republic of
Kazakhstan
shall be recognized an action which was initiated or continued or was completed
in the
territory of the Republic of Kazakhstan. An effect of this Code shall be also
applied to
criminal infractions, committed on the continental shelf and in the exclusive
economic
zone of the Republic of Kazakhstan.
3. A person, committed a criminal infraction on vessel, assigned to the port of
the Republic of Kazakhstan and located in open water or air space outside of the
Republic of Kazakhstan shall be subject to the criminal responsibility under
this Code,
unless otherwise provided by international treaty of the Republic of Kazakhstan.
Under
this Code, a person committed a criminal infraction on warship or military
aircraft of
the Republic of Kazakhstan, independent from its location shall also bear a
criminal
responsibility.
4. The issue of criminal responsibility of diplomatic representatives of foreign
states and other citizens who enjoy immunity, in the case of commission of
criminal
infraction by these persons in the territory of the Republic of Kazakhstan shall
be
resolved in accordance with regulations of international law.
Article 8. An effect of criminal Law in relation of persons,
committed a criminal infraction outside
the Republic of Kazakhstan 1. Citizens of the Republic of Kazakhstan, committed
a criminal infraction outside
the Republic of Kazakhstan shall subject to criminal responsibility under this
Code, if
an action, committed by them is recognized as criminally liable in the state, in
the
territory of which it was committed, and if these persons are not convicted in
another
state. Upon conviction of specified persons, a penalty may not exceed the
maximum
sanction, provided by the Law of the state in whose territory the criminal
infraction
was committed. On the same basis the foreigners and stateless persons being in
the
territory of the Republic of Kazakhstan shall bear responsibility, in the cases
where
they cannot be extradited to a foreign state for criminal prosecution or service
of
sentence in accordance with international treaty of the Republic of Kazakhstan.
Provision of this Code shall be applied independent from the place of commission
of a crime in relation of citizens of the Republic of Kazakhstan, stateless
persons,
permanently residing in the territory of the Republic of Kazakhstan, in the
cases of
commission of terroristic or extremist crime or crimes against peace and human
security,
unless otherwise established by international treaty of the Republic of
Kazakhstan.
2. Conviction and other penal consequence of commission of criminally punishable
action by person, in the territory of other state shall not have a criminal
legal
meaning for resolution of the issue on criminal responsibility of this person
for
criminal infraction, committed in the territory of the Republic of Kazakhstan,
unless
otherwise provided by international treaty of the Republic of Kazakhstan or if
criminally punishable action, committed in the territory of other state is not
affected
the national interests of the Republic of Kazakhstan.
3. Military servants of military units of the Republic of Kazakhstan, deployed
outside shall bear a criminal responsibility under this Code for criminal
infractions,
committed in the territory of foreign state, unless otherwise provided by
international
treaty of the Republic of Kazakhstan.
4. Foreigners, as well as stateless persons, not permanently residing in the
territory of the Republic of Kazakhstan, committed a crime outside of the
Republic of
Kazakhstan shall subject to the criminal responsibility under this Code in the
cases, if
this action is directed against the interests of the Republic of Kazakhstan, and
in the
cases, provided by international treaty of the Republic of Kazakhstan, if they
are not
convicted in other state and arraign on a criminal responsibility in the
territory of
the Republic of Kazakhstan.
Article 9. Extradition of persons, committed a criminal
infraction 1. Citizens of the Republic of Kazakhstan, committed a criminal
infraction in
the territory of other state shall not subject to extradition, unless otherwise
established by international treaty of the Republic of Kazakhstan.
2. Foreigners and stateless persons committed a crime outside the Republic of
Kazakhstan and residing in the territory of the Republic of Kazakhstan may be
extradited
to a foreign state for criminal prosecution or service of sentence in accordance
with
international treaty of the Republic of Kazakhstan.
3. No one shall be extradited to a foreign State where there are serious grounds
for believing that in this state he would be in danger of torture, violence or
other
cruel or degrading treatment or punishment, as well as in the case of a threat
of the
death penalty, unless otherwise provided by international treaties of the
Republic
SECTION 2. CRIMINAL INFRACTIONS
Article 10. The concept of crime and criminal offence
1. A criminal infractions shall be divided into crimes and criminal offences
depending on the level of social danger and penalty.
2. A crime shall be recognized as committed guilty socially dangerous action
(action or omission), prohibited by this Code under threatening punishment in
the form
of a fine, correctional labour, restrictions of freedom, imprisonment or the
death
penalty.
3. Criminal offence shall be recognized as committed guilty action (action or
omission), not presenting a great social danger, infliction insignificant damage
or
threatens to cause harm to the person, organization, society or the state, for
commission of which is provided a penalty in the form of a fine, correctional
labour
community service, arrest.
4. Action or omission shall not be a criminal infraction, although formally
containing the signs of any action, provided by the Special Part of this Code,
but by
virtue of insignificance not representing social danger.
Article 11. Categories of crimes
1. The crimes shall be divided into crimes of little gravity, crimes of average
gravity, grievous crime and especially grave crimes depending on the nature and
level of
social danger.
2. Crimes of little gravity shall be recognized as intentional actions, for
commission of which the maximum punishment, provided by this Code, not exceeds
two years
of imprisonment, as well as reckless actions, for commission of which this Code
provides
the maximum punishment, not exceeding five years of imprisonment.
3. Crimes of average gravity shall be recognized as intentional actions, for
commission of which the maximum punishment, provided by this Code, not exceeds
two years
of imprisonment, as well as reckless actions, for commission of which is
provided a
punishment in the form of imprisonment for the term of over five years.
4. Grievous crimes shall be recognized as intentional actions, for commission of
which this Code provides the maximum punishment, not exceeding twelve years of
imprisonment.
5. Especially grave crimes shall be recognized as intentional actions, for
commission of which this Code provides a punishment in the form of imprisonment
for the
term of over twelve years, life imprisonment or death penalty.
Article 12. Repeated criminal infractions
1. Repeated criminal infractions shall be recognized as commission of two or
more
actions, provided by the same Article or part of Article of Special part of this
Code. A
crime and criminal offence shall not form between them repeatedly.
2. Criminal infraction shall not be recognized as committed repeatedly, if for
previously committed criminal infraction a person has been convicted or released
from
criminal responsibility on the grounds established by the Law.
3. Continued criminal offense shall not be recognized as repeated, in other
words
a criminal infraction, consisting of the number of similar unlawful actions that
are
covered by common intent and purpose and form a whole one criminal infraction.
4. In the cases, when repeatedly of crimes is provided by this Code as
circumstance, entailing extended sentence, the crimes committed by person shall
be
qualified on the relevant part of Article of Special part of this Code,
providing a
punishment for repeated crimes.
5. In the cases, when repeatedly of criminal offences is provided by this Code
as
circumstance, entailing extended punishment, the criminal offences committed by
person
shall be qualified on the relevant part of Article of Special part of this Code,
providing a punishment for repeated criminal offences.
Article 13. A set of criminal infractions. 1. A set of criminal infractions
shall be recognized as commission of two or
more actions, provided by various Articles or parts of Article of this Code, for
neither
of which a person was not convicted or released from criminal responsibility on
the
grounds, established by the Law. Upon combination of criminal infractions a
person shall
bear a criminal responsibility for each committed action on the relevant Article
or part
of Article of this Code, if the signs of these actions are not covered by
regulation of
one Article of part of Article of this Code, providing an extended sentence.
2. A set of criminal infractions shall be recognized as one action (omission),
containing the signs of criminal infractions, provided by two or more Articles
of this
Code. Upon such combination a person shall bear a criminal responsibility for
each
committed action on the relevant Articles of this Code, if the signs of one
action are
not covered by the regulation of Article of this Code, providing an extended
sentence
for another action.
3. If the same action falls within the signs of general and special regulations
of
relevant Articles of this Code, a set of criminal infractions is absent and
criminal
responsibility arises under the Article of Special Part of this Code containing
the
special regulation.
Article 14. Repetition of crimes, dangerous repetition
of crimes
1. Repetition of crimes shall be recognized as commission of grievous crime by
person, if previously this person is convicted to imprisonment for commission of
grievous crime.
2. Dangerous repetition of crimes shall be recognized as commission by person:
1) grievous crime, if previously this person is convicted twice to imprisonment
for commission of grievous crime or was convicted for especially grave crime;
2) especially grave crime, if previously he (she) was convicted to imprisonment
for grievous or especially grave crime.
3. Convictions for the crimes, committed by person aged up to eighteen years, as
well as the convictions, released or canceled in the manner, established by this
Code
shall not be considered upon recognition a repetition of crimes and dangerous
repetition
of crimes.
4. Repetition of crimes and dangerous repetition of crimes shall involve an
extended sentence on the grounds and within provided by this Code.
Article 15. Persons subject to criminal responsibility
1. Sane individual, reached the age of sixteen at the time of the commission of
a
criminal infraction shall subject to the criminal responsibility.
2. Persons, reached the age of fourteen at the time of the commission of a crime
shall subject to a criminal responsibility for murder (Article 99), intended
infliction
of grievous harm to health (Article 106), intended infliction of medium-gravity
harm to
health under aggravating circumstances (second part of Article 107), sexual
assault
(Article 120), sexual battery (Article 121), kidnapping (Article 125), attack
against
persons or organization, enjoying international protection (Article 173),
inciting
social, national, ethnic, racial, class or religious discord (Article 174),
infringement
on life of First President of the Republic of Kazakhstan - Leader of the Nation
(Article
177), infringement on life of the President of the Republic of Kazakhstan
(Article 178),
diversion (Article 184), theft (second, third and fourth part of Article 188),
robbery
(second, third and fourth part of Article 191), robbery with violence (статья
192),
blackmailing offenses (second, third and fourth part of Article 194),
misappropriation
of car or other means of transport with no intent of stealing under aggravating
circumstances(second, third and fourth part of статьи 200), intentional
destruction or
damaging another's property under aggravating circumstances (second and third
part of
Article 202), an act of terrorism (Article 255), promotion of terrorism or
public call
for commission of an act of terrorism (Article 256), creation, managing a
terroristic
group and participation in its activity (first and second part of статьи 257),
financing
of terrorist or extremist activity and other aiding to terrorism or extremism
(Article
258), hostage taking (статья 261), attack against building, construction, means
of
transportation and communication or their seizure (Article 269), knowingly false
message
on act of terrorism (Article 273), theft or extortion of weapons, ammunition,
explosive
substances and explosive devices (Article 291), hooliganism under aggravating
circumstances (second and third part of Article 293), vandalism (статья 294),
stealing
or extortion narcotic drugs, psychotropic substance, their analogues (Article
298),
desecration of the dead bodies and burial places under aggravating circumstances
(second
part of Article 314) and intentional disablement of means of transport or ways
of
communication (Article 350).
3. If the minor has attained the age provided by first or second part of this
Article, but in consequence of gap of mental development, not related with
mental
disease, during commission of criminal infraction could not be fully aware of
the actual
nature and social danger of his (her) actions (omission) or control them, he
(she) shall
subject to criminally responsibility.
4. Persons committed the criminal infractions are equal before the Law
independent
from origin, social, official and property position, sex, race, nationality,
language,
religion, beliefs, membership of public associations, place of residence or any
other
circumstances.
Article 16. Insanity 1. A person who at the time of commission a socially
dangerous action provided by
this Code has been in a state of insanity, in other words could not be aware of
the
actual nature and social danger of his actions (omission) or control them due to
chronic
mental disorder, temporary mental disease, dementia or other mental condition
shall
subject to a criminal responsibility.
2. Compulsory measures of a medical nature, provided by this Code may be applied
to the person, recognized by court as insane.
Article 17. Criminal responsibility of persons with mental
disease not excluding sanity
1. Sane person who during commission of a criminal infraction by virtue of
mental
disease could not be fully aware of the actual nature and social danger of his
(her)
actions (omission) or control them shall subject to a criminal responsibility.
2. Mental disease, not excluding sanity shall be considered by court upon
assignment of punishment as mitigating circumstance and may serve as a basis for
the
appointment of enforcement measures of medical nature, provided by this Code.
Article 18. Criminal responsibility of persons, committed
a criminal infraction in a state of intoxication A person, committed a criminal
infraction in a state of intoxication, caused by
the use of alcohol, narcotic drugs, psychotropic or other intoxicated substances
shall
not be released from criminal responsibility.
Article 19. Fault 1. A person shall subject to a criminal responsibility only
for those socially
dangerous actions (actions or omission) and socially dangerous consequences in
relation
of which his fault is established.
2. Objective imputation, in other words a criminal responsibility for innocent
infliction of harm shall not be allowed.
3. A guilty person in a criminal infraction shall be recognized a person,
committed an action intentionally or by negligence.
4. An action, committed by negligence shall be recognized as a criminal
infraction only when it is specially provided by the relevant Article of Special
part of
this Code.
Article 20. A criminal infraction, committed intentionally
1. A criminal infraction, committed intentionally shall be recognized as an
action, committed with direct or indirect intent.
2. A criminal infraction shall be recognized as committed with direct intent, if
a
person realized the social danger of his (her) actions (omission), foresaw the
possibility or the inevitability of socially dangerous consequences and wished
their
ensuing.
3. A criminal infraction shall be recognized as committed with indirect intent,
if
a person realized the social danger of his (her) actions (omission), foresaw the
possibility of ensuing of socially dangerous consequences, did not wish, but
consciously
allowed ensuing of these consequences or treated them indifferently.
Article 21. A criminal infraction, committed by negligence 1. A criminal
infraction, committed by negligence shall be recognized as an
action, committed on self-reliance or by negligence.
2. A criminal infraction shall be recognized as committed on self-reliance, if a
person foresaw the possibility of ensuing of socially dangerous consequences of
his
(her) actions (omission), but without sufficient grounds lightly counted on to
prevent
these consequences.
3. A criminal infraction shall be recognized as committed by negligence, if a
person did not foresaw the possibility of ensuing of socially dangerous
consequences of
his (her) actions (omission), but with proper care and forethought should have
and could
have foreseen these consequences.
Article 22. Responsibility for criminal infractions,
committed with two forms of guilt
If as a result of an intentional criminal infraction grave consequences, which
by
law entail an extended sentence and which are not covered by intent of the
person, are
inflicted, a criminal responsibility for such consequences occur only in cases
where the
person foresaw the possibility of their ensuing, but without sufficient grounds
confidently counted on their prevention, or if the person did not foresee, but
he (she)
should and could have foreseen the possibility of the ensuing of these
consequences. In
general, such a criminal infraction shall be recognized as committed
intentionally.
Article 23. Innocent infliction of harm
1. An action shall be recognized as committed innocently, if the action
(omission)
and socially dangerous consequences are not covered by intent of the person who
committed it, and a criminal responsibility for commission of such action and
infliction
of socially dangerous consequences by negligence by this Code are not provided.
2. An action shall be recognized as committed innocently, if the person who
committed it was not aware and on circumstances of the case could not be aware
of the
social danger of his (her) actions (omission) or did not foresee the possibility
of
socially dangerous consequences and on circumstances of the case should not have
been or
could have foreseen them. An action shall be also recognized as committed
innocently, if
the person, foresaw ensuing of socially dangerous consequences upon its
commission,
counted on their prevention with reasonable grounds or could not prevent these
consequences by virtue of non-compliance of their psychophysiological qualities
with the
requirements of extreme conditions or neuropsychic overloads.
Article 24. Preparation for crime and attempt to commit crime 1. Preparation for
crime shall be recognized as committed with direct intent of
finding, production or adaptation of means or crime instruments, finding of
companions
in crime, conspiracy on commission of a crime or other intentional creating
conditions
for commission of a crime, if upon that a crime was not carried out for
circumstances
beyond the reasonable control of person.
2. A criminal responsibility occurs for preparation of grievous or especially
grave crime, as well as for preparation of a terrorist infraction.
3. An attempt to commit crime shall be recognized as an action (omission),
committed with direct intent, immediately directed to commission a crime, if
upon that a
crime was not carried out for circumstances beyond the control of person.
4. A criminal responsibility occurs for attempt to commit crime of average
gravity, grievous or especially grave crime, as well as for attempt to the crime
of
terrorism.
5. A criminal responsibility for preparation for crime and attempt to commit
crime
occurs under the same Article of this Code that for completed crime, with
reference to
the relevant part of this Article.
Article 25. Completed criminal infraction
A criminal infraction shall be recognized as completed, if the action, committed
by person contains all the signs of component element of infraction, provided by
the
Special part of this Code.
Article 26. Voluntary refusal from criminal infraction
1. A voluntary refusal from criminal infraction shall be recognized as
termination
of actions of preparation or termination of the action (omission) by person,
immediately
directed to commission of this action, if the person were realizing the
possibility of
bringing it to the end. A person shall not subject to a criminal responsibility
for
criminal infraction, if he (she) voluntary and finally refused from bringing
this action
to the end.
2. A person who voluntarily refused to bring a criminal offense until the end
shall subject to criminal responsibility only if the action committed by him
actually
contains the component element of a criminal infraction.
3. Organizer and instigator of a criminal infraction shall not subject to
criminal
responsibility, if these persons prevented bringing of this infraction to the
end by
perpetrator by notifying state bodies or by other taken measures. An accomplice
shall
not subject to criminal responsibility, if before the termination of a criminal
infraction by perpetrator refuses him (her) in previously promised contribution
or
eliminate the results already provided assistance.
4. If the action of organizer or instigator, specified in a third part of this
Article did not lead to the prevention of criminal infraction, the measures
taken by
them may be recognized by the court as mitigating circumstance upon assignment
of
punishment.
Article 27. The concept of complicity in criminal infraction
A complicity in criminal infraction shall be recognized an intentional joint
participation of two or more persons in commission of intentional criminal
infraction.
Article 28. Types of accomplices of a criminal infraction
1. Accomplices of criminal infraction along with the perpetrator shall be
recognized as organizer, instigator and accomplice.
2. Perpetrator shall be recognized as a person, immediately committed a criminal
infraction or immediately participated in its commission jointly with other
persons
(joint participants), as well as the person, committed a criminal infraction by
use of
other persons, not subject to the criminal responsibility by virtue of age,
insanity or
other circumstances, provided by this Code, and equally by use of persons,
committed an
action by negligence.
3. Organizer shall be recognized as a person, organized commission of a criminal
infraction or managed its execution, and equally the person, created the
criminal group
or managed it.
4. Instigator shall be recognized as a person, assisted in the commission of a
criminal infraction with advices, instructions, provision of information, tools
or means
of commission of this action or removal of obstacles to its commission, as well
as a
person, previously promised to conceal the executor, tools or other means of
commission
of criminal infraction, traces of this action or items obtained by illegal way,
an
equally a person, previously promised to acquire or sell such items.
Article 29. Responsibility of accomplices of
a criminal responsibility
1. A criminal responsibility of accomplices shall be determinated by the nature
and extent of participation of each of them in commission of criminal
infraction.
2. Joint participants are responsible for the same article of this Code for the
joint commission of a criminal infraction by them without reference to Article
28 of
this Code.
3. Responsibility of organizer, instigator and accomplice occurs according to
Article, providing a punishment for committed action, with reference to Article
28 of
this Code, except for the cases, when they simultaneously were joint
participants.
4. In the case of not bringing of a crime to the end by executor due to
circumstances beyond the control of him (her), other participants shall bear
responsibility for complicity in preparation for crime or in attempt to commit
crime.
Also a person who, for circumstances beyond his (her) control failed to manage
others to
commit this action shall bear a criminal responsibility for preparation for
crime
5. A person, not being a subject of criminal infraction, specially specified in
relevant Article of Special part of this Code, participated in commission of
action,
provided by this Article shall bear a criminal responsibility for this criminal
infraction as his (her) organizer, instigator or accomplice.
Article 30. Excess of accomplice of a criminal infraction Excess of accomplice
shall be recognized as commission of a criminal infraction by
person, not covered by intent of other accomplices. Other participants of
criminal
responsibility shall not subject for the excess.
Article 31. A criminal responsibility for criminal infraction,
committed by group
1. A criminal infraction shall be recognized as committed by group of persons,
if
in its commission jointly participated two or more perpetrators without previous
concert.
2. A criminal infraction shall be recognized as committed by group of persons on
previous concert, if the persons, previously came to agreement on joint
commission of
criminal infraction, are participated in it.
3. A crime shall be recognized as committed by criminal group, if it was
committed by organized group, criminal organization, criminal society,
transnational
organized group, transnational criminal organization, transnational criminal
society,
terroristic group, extremist group, gang or illegal paramilitary unit.
4. A person, created a criminal group or managed it shall subject to the
criminal
responsibility for organization of criminal group and its management in the
cases,
provided by the relevant Articles of Special part of this Code, as well as for
all
crimes committed by criminal group, if they were covered by his (her) intent.
5. Other participants of criminal group shall bear a criminal responsibility for
participation in it in the cases, provided by the relevant Articles of Special
part of
this Code, as well as for the crimes, in participation or commission of which
they were
participated.
Article 32. Necessary defence 1. Necessary defence shall be recognized as lawful
protection of personality and
rights of defender and other persons, as well as the interests of society and
the state
protected by the Law, from socially assault, as well as by infliction of harm to
an
attacker.
All the persons shall have a right to the necessary defence in equal measure
independent from their professional or special training and official position.
This
right shall subject to the person independent from possibility to avoid
socially-
dangerous infringement or request assistance of other persons or the state
bodies.
2. Infliction of harm to the attacker in self-defense, in other words upon
protection of identity, dwelling, property, land plot and other rights of
defender or
other persons, the interests of society or the state, protected by the Law from
socially-dangerous infringement by infliction of harm to the attacker, if by
this the
use of excessive force in self-defense was not allowed shall not be a criminal
infraction.
3. Use of excessive force in self-defense shall be recognized as obvious
inconsistence of protection to the nature and extend of social danger of
infringement,
in a result of which obviously excessive harm, not occurred by circumstance is
caused to
the attacker. Such excess shall involve a criminal responsibility only in the
cases of
intentional infliction of harm. Infliction of harm to person, encroaching on
human life,
or upon repulse of other infringement, linked with armed attack or violence,
dangerous
for the life of the defenders or other persons or direct threat of such
violence, or
with forcible entry to the dwelling place, premise, as well as if the defender
due to
the suddenness of infringement could not objectively assess the extent and
nature of the
danger of attack shall not be the use of excessive force in self-defense.
Article 33. Infliction of harm upon detention of a person,
committed infringement 1. Infliction of harm to the person, committed a
criminally punishable action,
upon his (her) detention for delivering to the state bodies and suppression of
possibility of commission by them the new infringements, if to detain such
person was
not possible by other means and upon that the excess of measures, necessary for
that was
not allowed shall not be a criminal infraction.
2. Excess of measures, necessary for detention of persons, committed
infringement
shall be recognized as their obvious inconsistence to the nature and extend of
social
danger of infringement committed by detained person and circumstances of
detention, when
the obviously excessive harm, not caused by the circumstance, is caused to the
person
without necessity. Such excess shall involve a criminal responsibility only in
the cases
of intentional infliction of harm.
3. Injured persons and other citizens as well as the persons specially
authorized
for detention of a person committed infringement shall possess the right for
that.
Article 34. Extreme necessity 1. Infliction of harm to the interests, protected
by this Code in a state of
extreme necessity, in other words for elimination of danger, immediately
threatening to
the life, health, rights and legal interests of this person or other persons,
the
interests of social or the state, if this danger could not be eliminated by
other means
and upon that exceed the limits of extreme necessity was not allowed shall be a
criminal
infraction.
2. Exceed of limits of extreme necessity shall be recognized as infliction of
harm, obviously inconsistent to the nature and extend of threatened to the
danger and
circumstance, in which the danger was eliminated, when the harm was caused to
the
legally protected interests, equal or greater than prevented. Such exceed shall
involve
responsibility only in the cases of intentionally infliction of harm.
Article 35. Carrying out of investigative measures or private
investigative actions
1. An action, caused the harm to the interests, protected by this Code,
committed
upon execution of investigative measures or private investigative actions in
accordance
with the Law of the Republic of Kazakhstan by the employee of the authorized
state body
or by order of such body by other person, cooperating with this body, if this
action is
committed in order of prevention of detection, disclosure or investigation of
criminal
infractions, committed by group of persons, group of persons by previous
concert,
criminal group, as well as if the caused harm to the law enforcement interests
is less
significant than the harm caused by the specified criminal infractions, and if
their
prevention, detection or investigation, and equally exposure of persons, guilty
in
commission of criminal infractions may not be carried out by other way shall be
a
criminal infraction.
2. The provisions of first part of this Article shall not be applied to the
persons, committed an action, and linked with a danger to life and human health,
environmental disaster, public disaster or other grave consequences.
Article 36. Substantiated risk
1. Infliction of harm to the interests, protected by this Code upon
substantiated
risk for achievement of the socially useful objective shall not be a criminal
infraction.
2. The risk shall be recognized as substantiate, if the specified objective
could
not be achieved by the actions (omission), not related with the risk and person,
committed the risk has taken sufficient measures for prevention of harm to the
interests, protected by this Code.
3. The risk shall not be recognized as substantiate, if it certainly was linked
with a danger to life or human health, environmental disaster, public disaster
or other
grave consequences.
Article 37. Physical or mental coercion 1. Infliction of harm to the interests,
protected by this Code as a result of
physical or mental coercion, if in consequence of such coercion a person could
not
manage his (her) actions (omission) shall not be a criminal infraction.
2. An issue on criminal responsibility for infliction of harm to the interests,
protected by this Code as a result of physical or mental coercion, in
consequence of
which a person has remained possibility to manage his (her) actions shall be
decided in
recognition of provisions of Article 34 of this Code.
Article 38. Execution of an order or instructions 1. Infliction of harm to the
interests, protected by this Code by person, acted in
pursuance of order of instruction, compulsory for him (her) shall not be a
criminal
infraction. A person who gave the illegal order or instruction shall bear a
criminal
responsibility for infliction of such harm.
2. A person committed an intentional criminal infraction in pursuance of
certainly illegal order or instruction shall bear a criminal responsibility on a
common
basis. Non execution of certainly illegal order or instruction shall exclude a
criminal
responsibility.
SECTION 3. PUNISHMENT
Article 39. Concept and purposes of punishment 1. The punishment is a measure of
the state enforcement, appointed by court
verdict. The punishment shall be applied to the person, recognized as a guilty
in
commission of criminal infraction and shall be concluded in deprivation or
restriction
of rights and freedoms of such person.
2. The punishment shall be applied in order of rectification of social justice,
as well as correction of convicted person and prevention of commission of new
criminal
infractions both to the convicted persons, and to other persons. Punishment is
not
intended to cause physical suffering or abasement of human dignity.
Article 40. Types of punishments 1. The following basic punishments may be
applied to the person, recognized as a
guilty in commission of criminal offence:
1) fine;
2) corrective labors;
3) community service;
4) arrest.
2. The following basic punishments may be applied to the person, recognized as a
guilty in commission of a crime:
1) fine;
2) corrective labors;
3) restriction of liberty;
4) imprisonment;
5) death penalty.
3. The following additional punishments along with the basic punishment may be
applied to the person, recognized as guilty in commission of criminal
infraction:
1) confiscation of property;
2) deprivation of special, military or honorary rank, grade rank,
diplomatic rank, qualified class and state awards;
3) deprivation of right to hold specific position or engage in certain activity;
4) deportation a foreigner or stateless person from the Republic of Kazakhstan.
Article 41. Fine
1. Fine is a monetary penalty, inflicted within provided by this Code, in the
amount, relevant to the definite quantity of monthly calculation indices,
established by
the legislation of the Republic of Kazakhstan and acted at the moment of
commission of
criminal infraction, or in the amount of multiple sum or cost of bribe.
2. A fine shall be established for the criminal offence to the extent from
twenty-
five to five hundred monthly calculation indices, for crimes - to the extent
from five
hundred to ten thousand monthly calculation indices, and for the crime, provided
by
Articles 366, 367 and 368 of this Code, - to the extend established in the
sanction of
relevant Article of Special part of this Code. An amount of fine shall be
determined by
the court in recognition of infraction and property position of convicted
person.
3. In the case of delinquency in payment of fine, inflicted for commission of
criminal offence, it is commuted by community services at the rate of one hour
of
community service for one monthly calculation index or arrest at the rate of
twenty -
four hours of arrest for four monthly calculation index in recognition of
provisions of
Articles 43 and 45 of this Code.
In the case of delinquency in payment of fine, inflicted for commission of a
crime, it is commuted by imprisonment at the rate of one day of imprisonment for
four
monthly calculation indices in recognition of provisions of Article 46 of this
Code.
Upon that the fine is commuted by imprisonment within the sanction of relevant
Article
of Special part of this Code for commission of crimes, provided by Articles 366,
367 and
368 of this Code.
Article 42. Corrective labors
1. Corrective labors are concluded in bringing of convicted person to the labor
on
principal place of business with deduction from his (her) earnings to the income
of the
state money sanction in the amount, relevant to the definite quantity of monthly
calculation indices, established by the legislation of the Republic of
Kazakhstan and
acted at the moment of commission of criminal infraction and executed by monthly
transfer from twenty to forty percent of earnings (monetary pay) convicted
person to the
income of the state. Corrective labors shall be established to the extent from
twenty-
five to five hundred monthly calculation indices, for the crime – to the extent
from
five hundred to ten thousand monthly calculation indices for criminal offences.
2. Corrective labors may not be assigned to the persons, recognized as disabled,
not permanently employed or training in educational institutions being
discontinued.
3. In the cases of occurrence of circumstances, preventing to the execution of
corrective labors, unexecuted part of punishment, imposed for the criminal
offence is
commuted by community service at the rate of one hour of public works for one
monthly
calculation index or by arrest at the rate of twenty-four hours of arrest for
four
monthly calculation indices in recognition of provisions of Articles 43 and 45
of this
Code, and unexecuted part of punishment, imposed for the crime, - by
imprisonment at the
rate of one day of imprisonment for four monthly calculation indices in
recognition of
provisions of Article 46 of this Code.
Article 43. Community services 1. Public works mean execution by convicted
persons of free community services,
not requiring of specific qualification, organized by the local executive bodies
in the
public places.
2. Public works shall be established for the term from sixty to three hundred
hours and shall be served not over than four hours a day with the release of the
convicted person while their serving from performance of employment duties on
the
principal place of work or in a time free from study, and if the convicted
person shall
not have a permanent place of work and not busy on their studies - up to eight
hours a
day, but not more than forty hours per week. In the case of avoidance from the
public
works they are commuted by the arrest at the rate of twenty-four hours of public
works
in recognition of provisions of Article 45 of this Code.
3. Community services shall not be imposed to the pregnant women, women with
young
children up to three years, men alone raising young children under the age of
three
years, women aged fifty-eight years old and over, men aged sixty-three years old
and
over, the disabled persons of first or second group, the military servants.
Article 44. Restriction of liberty
1. Restriction of liberty is the establishment of probationary control of
convicted person for the term from one year up to seven years. Restriction of
liberty
shall be served according to place of residence of convicted person without
isolation
from society. Convicted persons to the restriction of liberty, not having a
permanent
place of work and not engaged in the study shall subject to bringing in forced
labor in
the places, determined by the local executive bodies, but no more than two
hundred and
forty hours per year. The minors, pregnant women, women with young children up
to three
years, men alone raising young children under the age of three years, women aged
fifty-
eight years old and over, men aged sixty-three years old and over, the disabled
persons
of first or second group, convicted to the restriction of liberty shall not be
bring to
the forced labor. In the case of substitution of other punishment by restriction
of
liberty, it may be imposed for the term of less than one year, upon that the
convicted
person shall not be brought to the forced labor. Bringing in forced labor shall
be
served up to eight hours a day but not more than forty hours per week.
2. Probationary control shall be carried out by the authorized state body and
shall include discharging of duties by convicted person under the court
decision: not to
change the permanent place of residence, work, study without notification of the
authorized state body, carrying out control of behavior of convicted person; not
visit
the certain places; take a course of treatment for alcoholism, drug addiction,
drug
abuse, sexually transmitted diseases; provide material support to the family;
other
obligations, which that contribute to the rehabilitation and prevention of
commission by
them the new criminal infractions.
3. In the case of malicious avoidance of service of sentence by person,
convicted
to restriction of liberty, unexpired term of restriction of liberty shall be
commuted by
the punishment in the form of imprisonment for the same term. Upon that the time
of
serving of restriction of liberty shall be included in the term of imprisonment
at the
rate of one day of restriction of liberty in recognition of provisions of
Article 46 of
this Code.
Note of RCLI!
Article 45 shall be enforced from 01.01.2017.
Article 45. Arrest
1. Arrest is the detention of convicted person under the conditions of lockdown
from society for the entire duration of the imposed punishment.
2. Arrest shall be established for the term of thirty to ninety days. The period
of detention is included in the term of arrest.
3. Arrest shall not be imposed to the minors, pregnant women, women with young
children, men alone raising young children, women aged fifty-eight years old and
over,
men aged sixty-three years old and over, the disabled persons of first or second
group.
4. Arrest shall be served by military servants in the detention room.
Article 46. Imprisonment
1. Imprisonment is isolation of the convicted person from society by direction
him
(her) to the penal colony settlement or receiving into penal colony of general,
strict,
special regime or in prison.
2. Persons, convicted to imprisonment that did not attain eighteen years at the
date of sentencing, placed in juvenile correctional facility of general or
medium
security.
3. Imprisonment for commission of crimes, provided by this Code shall be
established for the term of six months to fifteen years, and for especially
grave crimes
- up to twenty years or for term of life. Term of deprivation for the crime by
negligence may not exceed ten years. In the case of commutation of a fine,
correctional
work or restriction of liberty by imprisonment, it may be imposed for the term
of less
than six months. In the case of partial or complete addition of terms of
imprisonment
upon imposition of punishment on set of crimes and in the cases, provided by of
Article
47, of Article 71 and fifth part of Article 77 of this Code, maximum term of
imprisonment may not be more than twenty-five years and on set of verdicts -
over thirty
years.
4. Life imprisonment may be established for commission of especially grave
crimes,
as well as an alternative to the death penalty. Life imprisonment shall not be
imposed
to the persons, committed a crime under the age of eighteen years, women, men at
the age
of sixty-three years old and over. Life imprisonment may be commuted by
imprisonment
according to the procedure of pardon for the specified period.
5. Service of imprisonment shall be imposed to:
1) persons, convicted for the crime, committed by negligence, to imprisonment,
as
well as first convicted for commission of intentional crime, for which a
punishment to
imprisonment for the term up to one year, - in the penal colony settlements is
imposed;
2) persons, first convicted to imprisonment for the term more than one year for
commission of intentional crimes of little or average gravity and grievous
crimes, and
persons, to whom a fine, corrective labor, restriction of liberty are commuted
by
imprisonment, - correctional colonies of general regime;
3) persons, first convicted to imprisonment for commission of especially grave
crimes, as well as upon repetition of crime, if the convicted person previously
served
imprisonment, and women upon dangerous repetition of crimes –in correctional
colonies of
strict regime;
4) upon dangerous repetition of crimes, as well as to the persons, convicted to
life imprisonment, - in correctional colonies of special regime.
6. Service of part of the term of punishment, but not more than five years in a
prison may be imposed to the persons, convicted to imprisonment for the term
more than
five years for commission of especially grave crimes, as well as upon dangerous
repetition of crimes.
7. Changing the type of correctional institution imposed by the verdict shall be
carried out by the court in accordance with the penal legislation of the
Republic of
Kazakhstan.
Article 47. Death penalty
1. Death penalty - shooting as an exceptional measure of punishment shall be
established for crime of terrorism, linked with loss of life, as well as for
especially
grave crimes, committed in wartime, with granting a right to the sentenced
person to
intercede for mercy.
2. Death penalty shall be imposed to the persons, committed a crime at the age
of
eighteen years, women, men at the age of sixty-three years old and over.
3. Upon imposition of moratorium by the President of the Republic of Kazakhstan
on
execution of death penalty, execution of verdict on death penalty shall be
suspended for
the duration of the moratorium.
4. Verdict on death penalty shall be enforced not earlier than upon expiration
of
one year from the date of its entry into force, and not earlier than upon
expiration of
one year after the cancellation of the moratorium on execution of the death
penalty.
5. Death penalty according to the procedure of pardon may be commuted by life
imprisonment or imprisonment for the specified period with service of sentence
in the
correctional colonies of special regime. In the case of cancellation of
moratorium on
execution of death penalty, the persons under sentence of death shall have a
right to
intercede for mercy irrespective of whether they have interceded about this
before the
moratorium or not.
Note of RCLI!
Article 48 shall be enforced from 01.01.2018.
Article 48. Confiscation of property 1. Confiscation of property is a forced
uncompensated seizure and conversion of
property, possessed as property of convicted person, illegally obtained or
purchased
with funds, illegally obtained, as well as property, being the tool or means of
commission of a criminal infraction into the ownership of the state.
2. Money and other property liable to confiscation:
1) obtained as a result of commission of criminal infraction, and other incomes
from this property, except for the property and incomes from it, subject to
return to
the legal possessor;
2) in which a property, obtained as a result of commission of criminal
infraction,
and incomes from this property were partially or completely transformed or
converted;
3) used or intended for financing or other ensuring of extremist or terroristic
activity or criminal group;
4) being a tool or means of commission of criminal infraction.
3. If confiscation of defined subject, included in the property, specified in
the
first and second part of this Article, at the date of making decision by court
on
confiscation of this subject is impossible due to its use, sale or by other
reason, an
amount of money, which corresponds to the cost of this subject shall liable to
confiscation by court decision.
4. In the cases, provided by the section 15 of Criminal procedure Code of the
Republic of Kazakhstan, confiscation of property may be applied by court
decision as the
measure of criminal – legal effect.
Article 49. Deprivation of special, military or honorary title,
class rank, diplomatic rank, qualified class and
the state awards
1. Upon conviction for commission of intentional criminal infraction in
recognition of identity of guilty person, a court may deprive him (her) of
special,
military or honorary or other title, class rank, diplomatic rank, qualified
class.
2. Upon conviction of person, having the state awards of the Republic of
Kazakhstan, and equally the special, military, honorary or other title, class
rank,
diplomatic rank or qualified class, awarded by the President of the Republic of
Kazakhstan for commission of intentional criminal infraction, upon sentencing a
court
may make, and on corruption crimes makes submission to the President of the
Republic of
Kazakhstan on deprivation the convicted person of these awards, titles, class
rank,
diplomatic rank or qualified class.
Article 50. Deprivation of right to hold specific position
or engage in defined activity 1. Deprivation of right to hold specific position
or engage in certain activity is
prohibition to hold specific positions on the state service, local government
bodies or
engage in defined professional or other activity.
2. Deprivation of right to hold specific position or engage in defined activity
shall be established for the term from one year up to ten years.
For commission of crimes, provided by paragraph 5) of third and fourth part of
Article 120, paragraph 5) of third and fourth part of Article 121, second and
third part
of Article 122, second and third part of Article 124, second, third, fourth and
fifth
part of Article 132, second and third part of Article 133, paragraph 2) of
fourth part
of Article 134 and paragraphs 1) and 2) of third part of Article 312,
deprivation of
right to hold specific position or engage in defined activity shall be imposed
in a
compulsory basis and means life prohibition to hold pedagogical positions and
positions,
related to the work with minors.
For commission of corruption crimes, deprivation of right to hold specific
position or engage in defined activity shall be imposed in a compulsory basis
and means
a life prohibition to hold positions in the state service, judge, in the local
government bodies, National Bank of the Republic of Kazakhstan and its
departments,
state organizations and organizations, in a charter capital of which the state
share of
more than fifty percent, as well as national management holdings, national
holdings,
national companies, national institute of development, shareholder of which is
the
state, their branch organizations, more than fifty percent of voting shares
(share of
participation) of which are subject to them, as well as in the legal entities,
more than
fifty percent of voting shares (share of participation) of which are subject to
the
specified branch organizations.
3. Deprivation of right to hold specific position or engage in defined activity
may be imposed in the cases when it is not provided by relevant Article of
Special part
of this Code as additional punishment for the relevant criminal infraction, if
in
recognition of nature and extent of social danger of committed action and
identity of
guilty person, a court shall recognize as impossible to maintain his (her) right
to hold
specific positions or engage in defined activity.
4. Upon imposition of this punishment as additional to imprisonment, arrest, it
shall be extended to all the time of serving of basic punishment, but upon that
its
period is calculated from the date of service of imprisonment, arrest. In the
case of
imposition of deprivation of right to hold specific positions or engage in
defined
activity as additional type of punishment to other basic types of punishment, as
well as
upon deferral of service of sentence or conditional sentence, its term is
calculated
from the date of entry of verdict into legal force.
Article 51. Deportation outside of the Republic of Kazakhstan
of the foreigner or stateless person
1. Deportation outside of the Republic of Kazakhstan of the foreigner or
stateless
person shall be executed by departure of convicted foreigner or stateless person
outside
of the Republic of Kazakhstan with establishment of exclusion of this person to
the
territory of the Republic of Kazakhstan for the term of five years.
2. Deportation outside of the Republic of Kazakhstan of the foreigner or
stateless person as additional type of punishment may be imposed only in the
cases,
provided by the relevant Articles of Special part of this Code, and shall be
executed
after service of basic type of sentence.
SECTION 4. IMPOSITION OF PUNISHMENT
Article 52. General principles of imposition of punishment 1. Just' punishment
within established by the relevant Article of Special part of
this Code and in recognition of provisions of General part of this Code shall be
imposed
to the person, recognized as a guilty in commission of criminal infraction.
2. A punishment, necessary and sufficient to correct and prevent the new
criminal
infractions shall be imposed to the person, committed a criminal infraction.
More severe
type of punishment from the number of provided for committed criminal infraction
shall
be imposed only in the case, if its less severe type could not ensure
achievement of
objectives of punishment. More severe punishment than provided by the relevant
Articles
of Special part of this Code for committed action may be imposed on set of
criminal
infractions or on set of verdicts in accordance with Articles 58 and 60 of this
Code.
Basis for imposition of less severe punishment than provided by the relevant
Articles of
Special part of this Code for committed action shall be determined by Article 55
of this
Code.
3. The nature and extent of social danger of criminal infraction, personality of
guilty person, as well as his (her) behavior before and after commission of
infraction,
consequence, mitigating and aggravating responsibility and punishment, as well
as effect
of imposed punishment to the correction of convicted person and living
conditions of his
(her) family or persons, being in his (her) dependents shall be considered upon
imposition of punishment.
Article 53. Consequences, mitigating criminal responsibility
and punishment 1. Consequences, mitigating criminal responsibility and
punishment shall be
recognized as:
1) commission of first criminal offence or first crime of little or average
gravity due to coincidence;
2) minority of guilty person;
3) pregnancy;
4) existence of young children of guilty person;
5) rendering of medical or other assistance to the injured person, immediately
after commission of criminal infraction independent from consequences of
rendering of
such assistance;
6) voluntary compensation of property damage, caused as a result of criminal
infraction, expiation of moral or other harm, caused by criminal infraction;
7) commission of criminal infraction due to the severe personal, family or other
set of circumstances or on compassion grounds;
8) commission of criminal infraction as a result of physical or mental
compulsion
or by virtue of material, service or other dependence;
9) commission of criminal infraction upon violation of conditions of legality of
necessary defence, extreme necessity, detention of a person, committed
infraction,
substantiated risk, execution of an order or instruction, upon execution of
investigative measures or private investigative actions;
10) illegality or immorality of behavior of injured person, being a reason for
the
criminal infraction;
11) sincere repentance, acknowledgement of guilt, active contribution to the
detection of criminal infraction, exposure of other accomplices of criminal
infraction
and search for property, obtained as a result of criminal infraction.
2. Consequences, not providing by first part of this Article may be considered
as
mitigating upon imposition of punishment.
3. If mitigating circumstance is provided by the relevant Article of Special
part
of this Code as a sign of criminal infraction, it may not be re-considered in
itself
upon imposition of punishment.
Article 54. Consequences, aggravating criminal responsibility
and punishment
1. Consequences, aggravating criminal responsibility and punishment shall be
recognized as:
1) repeated criminal infractions, repetition of crimes, dangerous repetition of
crimes;
2) infliction of grave consequences by criminal infraction;
3) commission of criminal infraction within a group of persons, groups of
persons
on previous concert, criminal group;
4) particularly active role in commission of criminal infraction;
5) bringing of persons, who certainly for guilty person suffer from severe
mental
disease, or persons, not attained the age, from which a criminal responsibility
occur,
to commission of criminal infractions;
6) commission of criminal infraction on national, racial or religious hatred or
enmity grounds, out of revenge for lawful actions of other persons, as well as
in order
to conceal another criminal infraction or facilitate its commission;
7) commission of criminal infraction in relation of woman, certainly for guilty
person, being in the state of pregnancy, as well as in relation of minor, other
defenseless or helpless person or person, being depending on the guilty person;
8) commission of criminal infraction in relation of person or his (her)
relatives
in connection with execution of the service, professional or social duty by this
person;
9) commission of criminal infraction with particular cruelty, sadism, abuse and
torment for the injured person;
10) commission of criminal infraction with the use of weapons, ammunition,
explosive substances and explosive or simulation devices, specially produced
technical
equipment, highly flammable and flammable liquids, poisonous and radioactive
substance,
medicinal and other chemical and pharmacological preparations, as well as with
application of physical and mental coercion or dangerous method;
11) commission of criminal infraction in the conditions of emergency situation,
emergency situation, as well as in the course of mass disorders;
12) commission of criminal infraction in the in a state of alcoholic, drug or
toxic intoxication. A court shall have a right not to recognize this consequence
as
aggravating depending on the nature of criminal infraction;
13) commission of criminal infraction by person, violated by that an oath, taken
by them or professional oath;
14) commission of criminal infraction with the use of confidence, vested to the
guilty person by virtue of its official position or contract;
15) commission of criminal infraction with the use of uniform or the documents
of
representative of authority;
16) commission of criminal infraction by the employee of law enforcement or
special state body, judge with the use of his (her) official position.
If the consequence, specified in a first part of this Article is provided by the
relevant Article of Special part of this Code as the sign of criminal
infraction, it
cannot be re-considered as the circumstance, aggravating responsibility and
punishment.
3. Upon imposition of punishment a court may not recognize the circumstances,
not
specified in a first part of this Article as aggravating.
Article 55. Imposition of lenient punishment than provided
for this criminal infraction
1. If an Article or part of Article of Special part of this Code, according to
which a person is recognized as guilty shall provide less severe, than
imprisonment,
basic type of punishment, an imprisonment shall not be imposed upon conviction
of person
for commission of crime:
1) little or average gravity in the case, when the person is voluntary
compensated
a property damage, effected the moral or other harm, caused by the crime;
2) in the scope of economic activity, except for provided by Article 218, 248
and
249 of this Code, in the case, when a person is voluntary compensated a property
damage,
caused by the crime.
2. Upon existence of mitigating circumstance, not provided as a sign of
committed
crime, and absence of aggravating consequences, the term or extent of punishment
may not
exceed upon commission of:
1) crime of little or average gravity – half;
2) grievous crime - two-thirds;
3) especially grave crime - three-quarters of the maximum term or the extent of
the most severe type of punishment, provided by the relevant Article of Special
part of
this Code.
3. In the matter of accelerated pre-trial investigation, as well as the cases,
on
which all the conditions of procedural agreement are executed, the term or
extent of
punishment for committed criminal infraction may not exceed a half of the
maximum term
or the extent of most severe type of punishment, provided by the relevant
Article of
Special part of this Code.
4. Upon existence of exceptional circumstances, related with the purposes and
motives for action, the role of guilty person, his (her) behavior during or
after
commission of criminal infraction, and other consequences, essentially reducing
the
extent of social danger of the action, and equally upon active assistance of
participant
of group criminal infraction to detection of actions, committed by group, a
punishment
may be imposed below the lower limit, provided by the relevant Article of
Special part
of this Code, or the court may impose more lenient type of punishment than
provided by
this Article, or shall not apply an additional type of punishment, provided as
compulsory.
5. Both separate mitigating consequences, and set of such consequences may be
imposed as exceptional.
6. Upon existence of consequences, specified in the second or third part of this
Article, a punishment may be imposed below the lower limit provided by the
relevant
Article of Special part of this Code.
Article 56. Imposition of punishment for uncompleted crime
1. Consequences by virtue of which a crime was not brought to the end shall be
considered upon imposition of punishment for uncompleted crime.
2. The term or extent of punishment for preparation for crime may not exceed a
half of maximum term or extent of the most severe type of punishment, provided
by the
relevant Article of Special part of this Code for completed crime.
3. The term or extent of punishment for attempt to commit crime may not exceed
three-quarter of maximum term or extent of the most severe type of punishment,
provided
by the relevant Article of Special part of this code for completed crime.
Article 57. Imposition of punishment for the criminal
infraction, committed in complicity 1. Upon imposition of punishment for the
criminal infraction, committed in
complicity shall be considered the nature and extent of actual participation of
person
in its commission, the value of this participation for achievement of an
objective of
criminal infraction, its impact on the nature and extent of caused or possible
harm.
2. Consequences, mitigating or aggravating the responsibility and punishment,
relating to the personality of one of accomplices shall be considered upon
imposition of
punishment only to this accomplice.
Article 58. Imposition of punishment on a set of
criminal infractions
1. On a set of criminal infractions, a court imposed a punishment (basic and
additional) for each infraction separately shall determine final punishment by
absorption of less severe punishment by more severe or by complete or partial
addition
of imposed punishments.
2. If a set of criminal infractions involves only the criminal offences, the
final punishment shall be imposed by absorption of less severe punishment by
more severe
or by partial or complete addition of imposed punishments. Upon that the final
extent of
punishment in the form of fine may not exceed one thousand monthly calculation
indices,
and final term of punishment in the form of community service or arrest - six
hundred
hours or ninety days, correspondingly.
If a set of criminal infractions involves only the criminal offences, crimes of
little gravity and average gravity, the final punishment shall be imposed by
absorption
of less severe punishment by more severe.
3. If a set of criminal infractions involves grievous or especially grave
crimes,
the final punishment shall be imposed by absorption of less severe punishment by
more
severe or by partial or complete addition of punishments. Upon that the final
punishment
in the form of imprisonment may not exceed twenty years.
4. If a set of criminal infractions involves at least one of especially grave
crime, for commission of which a punishment in the form of imprisonment for the
term up
to twenty years is provided by this Code, the final punishment shall be imposed
by
partial or complete addition of punishments. Upon that the final punishment in
the form
of imprisonment may not exceed twenty five years.
If a set of criminal infractions involves at least one of especially grave
crime,
for commission of which a punishment in the form of imprisonment for the term up
to
twenty years is provided by this Code, as well as a criminal offence, for
commission of
which a fine is imposed, the final punishment is imposed by absorption of less
severe
punishment by more severe.
If for the crime, including in a set shall be imposed a life imprisonment or
death
penalty, the final punishment shall be imposed in the form of life imprisonment
or
correspondingly in the form of death penalty.
5. Additional punishments, imposed for infractions, constituting the set may be
attached to the basic punishment, imposed on a set of criminal infractions. Upon
partial
or complete addition the final additional punishment may not exceed the maximum
term or
extent, established for this punishment of General part of this Code.
6. A punishment shall be imposed by the rules of this Article, if after
sentencing by court of the case it is established that the convicted person is
guilty
also in other criminal infraction committed by him (her) before the sentencing
in the
first case. In this case a punishment, served under the first court verdict
shall be
counted in the final term.
Article 59. Imposition of punishment upon repetition of crimes,
dangerous repetition of crimes
Upon imposition of punishment at repetition of crimes, dangerous repetition of
crimes shall be considered the number, nature and extent of social danger of
previously
committed crimes, consequence, by virtue of which the correctional treatment of
the
previous punishment was insufficient, as well as the nature and extent of social
danger
of subsequent infractions.
Article 60. Imposition of punishment on a set of sentences
1. If the convicted person after sentencing, but before complete serving
punishment is committed a new criminal infraction, the court shall partially or
completely attach an unserved part of punishment on previous court verdict to
the
punishment, imposed on the last court verdict.
2. The final punishment on a set of sentences in the case, if it does not
related
with imprisonment may not exceed the maximum term or extent, provided by General
part of
this Code for this type of punishment.
3. The final punishment on a set of sentences in the form of imprisonment may
not
exceed twenty five years. If a set of sentences involves a sentence, which a
person is
recognized as guilty in commission at least one especially grave crime, for the
commission of which a punishment in the form of imprisonment is provided by this
Code
for the term up to twenty years, the final punishment on a set of sentences in
the form
of imprisonment may not exceed thirty years. If a life imprisonment or death
penalty is
imposed for the crime, including in a set, the final punishment shall be imposed
in the
form of life imprisonment or correspondingly death penalty.
4. The final punishment on a set of sentences shall be more like the
punishments,
imposed for newly committed criminal infraction, and unserved part of punishment
on
previous court verdict.
5. Attachment of additional types of punishments upon imposition of punishments
on
a set of sentences shall be carried out by the rules of imposition of punishment
on a
set of criminal infractions.
Article 61. Procedure of determination of terms of punishment
upon their addition 1. Upon partial or complete addition of punishments on a set
of criminal
infractions and set of sentences to one day of imprisonment corresponds:
1) one day of arrest;
2) one day of restriction of liberty;
3) four hours of community service.
2. Deprivation of special, military or honorary title, class rank, diplomatic
rank, qualified class and the state awards, deprivation of right to hold
specific
position or engage in defined activity, deportation a foreigner or stateless
person from
the Republic of Kazakhstan, confiscation of property, as well as enforcement
measures of
medical nature upon addition them with bringing to public works, restriction of
liberty,
arrest, imprisonment shall be executed independently.
Article 62. Calculation of periods for punishment and offset
of punishment
1. The term of deprivation of the right to occupy determined posts or to engage
in
a determined activity, restriction of liberty, imprisonment shall be calculated
in
months and years, arrest - in days, community service - in hours.
2. Upon commutation of punishment or addition of punishments, specified in a
first part of this Article, as well as upon offset of punishment, the terms may
be
calculated in days.
3. The time of detention in custody before entry of sentence into legal force
shall be included in the term of punishment in the form of imprisonment, arrest,
restriction of liberty at the rate of one day for one day, in the form of
community
service – at the rate of one day of detention in custody four hours of public
works.
4. The time of detention under house arrest before entry of sentence into legal
force shall be included in the term of punishment in the form of imprisonment,
arrest,
restriction of liberty at the rate of two days for one day, in the form of
community
service – at the rate of one day of detention under house arrest four hours of
public
works.
5. The time of detention of person in custody before entry of court verdict into
legal force and the time of service of imprisonment, imposed by court verdict
for the
crime, committed out of bounds of the Republic of Kazakhstan, in the case of
extradition
of person on the basis of Article 9 of this Code shall be included at the rate
of one
day for one day.
6. Upon imposition of basic punishment in the form of a fine, to the convicted
person, accused in custody before proceeding, a court considering the term of
detention
in custody shall mitigate an imposed punishment or completely released him (her)
from
service of this punishment.
7. The time, during of which the compulsory measures of a medical nature are
applied to the person, suffered from mental disease after commission of a crime
shall be
included in the term of punishment.
Article 63. Conditional sentence
1. If a punishment was imposed in the form of imprisonment, a court comes to the
conclusion on possibility of correction of convicted person without service of
sentence;
it decides to consider an imposed punishment as conditional.
2. Upon application of conditional sentence a court shall consider the nature
and
extent of social danger of committed crime, personality of guilty person, as
well as
consequences, mitigating and aggravating responsibility and punishment.
3. Upon imposition of conditional sentence a court shall establish probationary
control at all of the imposed term of imprisonment, and to the minors for the
term of
six months to one year by rules of second part of Article 44 of this Code.
Application of conditional sentence by the minors is possible upon repeated
commission of a crime of little and average gravity in the period of
probationary
control upon conditional sentence.
4. Additional types of restrictions and punishments, except for the confiscation
of property may be imposed upon conditional sentence.
5. Enforcement measures of educational impact may be imposed to the minors upon
conditional sentence.
6. Conditional sentence shall not be applied to the person upon repetition of
crimes, dangerous repetition of crimes, upon conviction of person for especially
grave
crime, corruption crime, crime of terrorism, extremist crime, a crime, committed
in
composition of crime group, crime against sexual immunity of minors.
Article 64. Cancellation of conditional sentence
1. If before the expiry of the term of probationary control the probationer is
proved his (her) correction by his (her) behavior, a court on presentation of
body,
carrying out a probationary control may decree on cancellation of conditional
sentence
and on cancellation of conviction from convicted person. Upon that conditional
sentence
may be cancelled upon expiration of at least half of established period.
2. A court on presentation of the body, carrying out probationary control may
extend the term of probationary control, but not more than one year, in the
cases, when
probationer has committed:
1) administrative infraction, encroaching on the public order and morality,
rights
of minors, to the personality and in the scope of family relations, for which an
administrative penalty was imposed to him (her);
2) intentional damage (deterioration) of electronic follower arrangement or did
not come for registration without acceptable reason or changed the place
residence
without notifying the body carrying out the probationary control;
3) criminal offence.
3. In the case of non-execution by probationer of obligations, assigned to him
(her) by court or repeated commission by probationer of violations, specified in
a
second part of this Article, a court on presentation of body, specified in a
first part
of this Article shall regulate on cancellation of conditional sentence and
execution of
imposed punishment by court verdict, and in relation of convicted minor may
repeatedly
extend the term of probationary control, but not more than one year.
4. In the cases of commission by probationer of a crime by negligence during the
term of probationary control or intentional crime of little gravity, and by the
juvenile
probationers – the crimes of little of average gravity, an issue on cancellation
or on
preservation of conditional sentence shall be decided by the court upon
imposition of
punishment for the new crime.
5. In the cases of commission by probationer of intentional crime of average
gravity, grievous or especially grave crime during the term of probationary
control, and
by the minors - grievous or especially grave crime, a court may cancel a
conditional
sentence and impose him (her) a punishment by the rules of imposition of
punishment on a
set of sentences.
SECTION 5.
RELEASE FROM CRIMINAL RESPONSIBILITY AND PUNISHMENT
Article 65. Release from criminal responsibility in connection
of active repentance 1. A person, committed a criminal offence or first
committed a crime may be
released from criminal responsibility in recognition of identity of guilty
person, his
(her) acknowledgement of guilt, assistance in the uncovering by him (her),
investigation
of criminal infraction, expiation of a harm, caused by criminal infraction by
him (her).
2. Provisions of first part of this Article shall not be applied to the persons,
committed a crime of terrorism, extremist crime, a crime, committed in a
composition of
crime group, crime against sexual immunity of minors, grievous or especially
grave crime
against personality, except for the cases, specially provided by the relevant
Article of
Special part of this Code.
Article 66. Release from criminal responsibility upon use of
excessive force in self-defense
A person, used of excessive force in self-defense due to the fear, fright or
confusion, caused by socially-dangerous infringement may be released from
criminal
responsibility in recognition of consequence of the case.
Article 67. Release from criminal responsibility upon
fulfilment of conditions of procedural agreement A person fulfilled all the
conditions of procedural agreement may be released from
criminal responsibility.
Article 68. Release from criminal responsibility in connection with
conciliation
1. A person committed a criminal offence or a crime of little or average
gravity,
not related with cause death shall subject to release from criminal
responsibility, if
he (she) is reconciled with injured person, applicant, as well as according to
the
procedure of mediation, and expiated a caused harm.
2. The minors, pregnant women, women with young children, men alone raising
young
children, women aged fifty-eight years old and over, men aged sixty-three years
old and
over, first committed a grievous crime, not related with cause death or grievous
harm to
human health may be released from criminal responsibility, if they are
reconciled with
injured person, applicant, as well as according to the procedure of mediation,
and
expiated a caused harm. Enforcement measures of educational impact may be
applied to the
minor upon release from criminal responsibility.
3. In the cases when a harm is caused by criminal infraction to the interests of
society and the state, protected by the Law, a person specified in a first or
second
part of this Article may be released from criminal responsibility, if he (she)
sincerely
repentance and expiated a harm, caused to the interests of society and the
state,
protected by the Law.
4. Provisions of this Article shall not be applied to the persons, committed a
crime by negligence and caused the death of person or the death of two and more
persons,
corruption crime, crime of terrorism, extremist crime, the crime committed in a
composition of crime group, crime against sexual immunity of minors.
Article 69. Release from criminal responsibility with
establishment of a guarantee
1. A person, first committed a criminal offence or the crime of little or
average gravity, not related with causing of death or grievous harm to human
health, for
commission of which a fine is provided in the number of other types of basic
punishments
by the relevant Article or part of Article of Special part of this Code may be
released
from criminal responsibility by court with establishment of a guarantee.
2. Establishment of a guarantee is a bailment by individual, standing security,
in
the amount equal to twice, and by legal entity – to the tenfold maximum amount
of a fine
provided for commission of a criminal infraction.
3. The term of a guarantee shall be established:
1) upon commission of criminal offence - from six months to one year;
2) upon commission of a crime of little gravity - from one year to two years;
3) upon commission of a crime of average gravity - from two to five years.
4. If a person, released from criminal responsibility did not commit a new
criminal infraction during a guarantee, a pledge shall be returned to the
guarantor upon
expiration of a guarantee.
5. If during a guarantee a person commits a new criminal infraction, a court
shall override a decision on release from criminal responsibility and impose to
him
(her) a punishment by the rules of imposition of punishment on a set of
sentences. Upon
that a pledge shall be referred to the state income.
6. Provision of this Article shall not be applied to the persons, committed a
corruption crime, crime of terrorism, extremist crime, the crime committed in a
composition of criminal group, crimes against sexual immunity of minors.
Article 70. Release from criminal responsibility in connection
with the change of conditions
1. A person, committed a criminal infraction shall subject to release by court
from criminal responsibility, if he (she) is recognized that during
investigation of the
case in a court due to change of conditions, an action, committed by him (her)
ceased to
be socially dangerous.
2. A person first committed a criminal offence of little or average gravity
shall
subject to release by court from criminal responsibility, if it is established
that by
virtue of subsequent irreproachable conduct this person during investigation of
the case
in a court may not be considered as socially dangerous.
Article 71. Release from criminal responsibility in connection
with expiry of the period of limitation
1. A person shall be released from criminal responsibility, if from the date of
commission of criminal infraction the following terms have expired:
1) one year after commission of criminal offence;
2) two years after commission of a crime of little gravity;
3) five years after commission of a crime of average gravity;
4) fifteen years after commission of grievous crime;
5) twenty years after commission of especially grave crime.
2. Period of limitations shall be calculated from the date of commission of
criminal infraction and up to the moment of entry of sentence into legal force.
3. Validity of period of limitations on criminal offences independent from
commission of a new criminal infraction shall not be suspended and terminated.
4. Validity of period of limitations shall be suspended, if a person, committed
a
crime evades from investigation and court. In this case validity of period of
limitations recommences from the date of detention of a person or
acknowledgement of
guilt. Upon that a person may not be brought to the criminal responsibility, if
from the
date of commission of a crime validity was not revived and the following terms
have
expired:
1) ten years after commission of a crime of little gravity;
2) fifteen years after commission of a crime of average gravity;
3) twenty years after commission of grievous crime;
4) twenty five years after commission of especially grave crime.
The period of limitation shall be revived, if before expiration of the terms,
specified in a first part of this Article, a person committed a grievous or
especially
grave crime, commits a new intentional crime. In these cases calculation of
periods of
limitations begins anew from the date of commission of a new crime. In other
cases, if
before expiration of the period of limitations a person newly commits a crime,
the
period of limitations on each crime expires independently.
5. An issue on application of the period of limitations to the person, committed
a
crime, for which the death penalty or life imprisonment is imposed under this
Code shall
be solved by court. If a court deems it possible to release a person from a
criminal
responsibility in connection with expiration of the period of limitations, the
death
penalty is commuted by life imprisonment, and the life imprisonment is commuted
by
imprisonment for the term of twenty-five years.
6. Period of limitations shall not be applied to the persons, committed a crimes
against peace and human security, corruption crimes, crimes of terrorism,
extremist
crime, torment, crimes against sexual immunity of minors, as well as especially
grave
crimes against personality, foundations of the constitutional system and state
security,
against public security and public order, in the scope of economic activity.
Article 72. Conditionally early release from service
of sentence
1. A person, serving restriction of liberty or imprisonment, after actual
service
of terms, specified in the third, fourth and fifth part of this Article may be
released
on probation – on parole by court, if it is recognized by court that he (she)
does not
need a full serving of sentence for his (her) correction.
A person, serving restriction of liberty or imprisonment, after actual service
of
terms, specified in the third, fourth and fifth part of this Article shall
subject to
release on probation – on parole in the case of full compensation by them of
damage,
caused by crime and absence of gross violations of established procedure of
service of
sentence.
A person, serving of imprisonment, imposed for terroristic or extremist crime,
but
resulting loss of life and linked with commission of especially grave crime,
after
actual service of terms, specified in the third, fourth and fifth part of this
Article
may be released on probation – on parole by court, if he (she) actively assists
in
prevention, detection or investigation of terroristic or extremist crimes,
exposure of
participants of terroristic or extremist group.
Upon that a person may be completely or partially released from service of
additional type of sentence.
2. Probationary control shall be established in respect of person, released on
probation – on parole by court from service of sentence in the form of
imprisonment,
during remaining unserved part of punishment, by the rules of second part of
Article 44
of this Code. Obligations, provided by Penal Execution Code of the Republic of
Kazakhstan shall be also entrusted to the person upon application of
conditionally early
release.
3. Conditionally early release may be applied only after actual service by the
convicted person:
1) not less than one third of punishment, imposed for the crime of little or
average gravity;
2) not less than half of the term of punishment for grievous crime;
3) not less than two-thirds of the term of punishment, imposed for especially
grave punishment, as well as if previously applied conditionally early release
was
cancelled on the grounds, provided by paragraphs 1) and 2) of seventh part of
this
Article;
4) not less than three-quarter of the term of punishment, imposed for the crime,
provided by paragraphs 3) and 5) of third part of Article 120 and paragraphs 3)
and 5)
of third part of Article 121 of this code, as well as if previously applied
conditionally early release was cancelled on the grounds, provided by paragraph
3) of
seventh part of this Article;
5) not less than one-third of the term of punishment, imposed for the grievous
crime, or not less than a half of the term of punishment, imposed for especially
grave
crime, in the case of fulfillment of all conditions of procedural agreement by
the
convicted person.
4. Conditionally early release from service of sentence may be applied to the
pregnant women, women with young children, men alone raising young children,
women aged
fifty-eight years old and over, men aged sixty-three years old and over, the
disabled
persons of first or second group after actual service:
1) not less than one-fourth of the term of punishment, imposed by the court for
the crime of little or average gravity;
2) not less than one-third of the term of punishment, imposed by the court for
the
grievous crime;
3) not less than a half of the term of punishment, imposed by the court for
especially grave crime, not linked with infringement on human life, as well as
if
previously applied conditionally early release was cancelled on the grounds,
provided by
paragraphs 1) and 2) of seventh part of this Article;
4) not less than two-thirds of the term of punishment, imposed by the court for
especially grave crime, linked with infringement on human life, or the crimes
provided
by paragraph 3) and 5) of third part of Article 120 and paragraphs 3) and 5) of
third
part of Article 121 of this Code, as well as if previously applied conditionally
early
release was cancelled on the grounds, provided by paragraph 3) of seventh part
of this
Article;
5) not less than one-fourth of the term of a punishment, imposed for the
grievous
crime, or not less than one-third of the term of punishment, imposed for
especially
grave crime, in the case of fulfillment of all conditions of procedural
agreement by
convicted person.
5. The term of imprisonment, actually served by convicted person may not be less
than six months.
6. A person, serving a life imprisonment, imposed by the court may be released
on
probation – on parole, if a court recognizes that he (she) does not need further
serving
of sentence and actually served not less than twenty five years of imprisonment.
In the case if a person, serving a life imprisonment, imposed by the court,
fulfilled all the conditions of procedural agreement, he (she) may be released
on
probation – on parole after actual service not less than fifteen years of
imprisonment.
7. If during remaining unserved part of punishment a person, to whom
conditionally
early release is applied, committed:
1) two or more administrative infractions, for which administrative sanctions
were
imposed to him (her), or evaded without acceptable reason from performance of
obligations, entrusted to him (her) upon application of conditionally early
release more
than two times, or did not come for registration without acceptable reason on
chosen
place of residence during five business days after release from the places of
detention,
a court on presentation of the authorized state body may decree on cancellation
of
conditionally early release and execution of remaining unserved part of
punishment;
2) a crime by negligence, and equally in the cases of commission of criminal
offence, intentional crime of little gravity by pregnant woman with young
children, man
alone raising young children, woman aged fifty-eight years old and over, a man
aged
sixty-three years old and over, the disabled person of first or second group, an
issue
on cancellation or on preservation of conditionally early release shall be
solved by the
court upon imposition of punishment for the new crime. If a court cancels
conditionally
early release, a punishment shall be imposed by the rules of imposition of
punishment on
a set of sentences;
3) intentional crime, except for the cases, specified in paragraph 2) of this
Article, a court shall impose to him (her) a punishment by the rules of
imposition of
punishment on a set of sentences.
8. Conditionally early release shall not be applied to the person, to whom a
punishment in the form of death penalty is commuted by imprisonment according to
the
procedure of pardon, to the person, convicted for terrorist or extremist crime,
resulting loss of life and linked with commission of especially grave crime, to
the
person, convicted for the crime against sexual immunity of minors.
Article 73. Commutation of unserved part of punishment by the
more lenient type of punishment or reduction of term of
imposed punishment 1. A person, serving imprisonment for the crime of little,
average gravity or
grievous crime, in the case of full compensation by them of damage, caused by
crime and
absence of gross violations of established procedure of service of sentence,
remaining
unserved part of punishment may be commuted by more lenient type of punishment.
Upon
that a person may be completely or partially released from service of additional
type of
punishment, except for the punishments, imposed for life.
2. Unserved part of punishment may be commuted by more lenient part of
punishment
after actual service by the convicted person not less than one-fourth term of
punishment
for the commission of a crime of little or average gravity, one-third of the
term of
punishment for grievous crimes or previously released on probation – on parole
from
service of sentence in the form of imprisonment and committed the new crimes in
the
period of remaining unserved part of punishment.
Commutation of unserved part of punishment by more lenient type of punishment
shall not be applied in relation of persons, convicted for the terrorist or
extremist
crime, resulting loss of life or linked with commission of especially grave
crime, as
well as a crime, committed in a composition of criminal group, crime against
sexual
immunity of minors.
3. Upon commutation of unserved part of punishment, a court may choose a fine at
the rate of one monthly calculation index for four days of imprisonment or
restriction
of liberty at the rate of one day of restriction of liberty for one day of
imprisonment.
Full compensation of damage, caused by the crime shall be condition of
commutation to
the fine.
4. A person, serving imprisonment for the crime of little, average gravity,
grievous or especially grace crimes, in the case if he (she) during service of
sentence
is assisted to detection and investigation of crimes, committed by criminal
group, or
executed all the conditions of procedural agreement, remaining unserved part of
punishment may be reduced by the court not more than for half.
Article 74. Reprieve of service of sentence to the pregnant
women and women with young children, men alone raising
young children 1. A court may reprieve a service of sentence to convicted
pregnant women of up to
one year. A court may reprieve execution of punishment of up to five years, but
not more
than until the child reaches the age of fourteen, to the convicted women with
young
children, men alone raising young children. Reprieve of service if sentence
shall not be
presented to the pregnant women and women with young children, men alone raising
young
children, convicted to imprisonment for the term more than five years for
grievous or
especially grave crimes against personality, crimes of terrorism, extremist
crimes,
crimes, committed in a composition of criminal group, crimes against sexual
immunity of
minors.
2. In the cases, if convicted person, specified in a first part of this Article
is
abandoned child or continues to evade from child-rearing or violate public order
after
twofold written warning, rendered by the body, carrying out control for
convicted
person, in relation of which service of sentence is reprieved, a court on
presentation
of this body may cancel reprieve of service of sentence and direct convicted
person for
service of sentence to the place, appointed in accordance with court verdict.
3. Upon expiration of the term of reprieve of execution of punishment in the
cases
of death of a child or termination of pregnancy, a court may release him (her)
from
service of sentence or commute an imposed punishment by more lenient type of
punishment
or make decision on direction of convicted person to the relevant institution
for
service of sentence.
4. If convicted person commits a new crime in the period of reprieve of service
of
sentence, a court shall impose him (her) a punishment by the rules of imposition
of
punishment on a set of sentences.
Article 75. Release of punishment in connection with disease
1. A person who after commission of criminal infraction suffered from mental
disease, denying the opportunity to realize actual nature and social danger of
his (her)
actions (omission) or control them shall be released from punishment by court,
and
person, serving a sentence shall be released from his (her) further service by
court.
Compulsory measures of a medical nature, provided by this Code may impose to
such
persons.
2. A person, suffering from a serious illness, preventing to service of
sentence,
except for life imprisonment shall be released by court from service of sentence
or a
punishment may be commuted by more lenient type of punishment in recognition of
nature
of disease, gravity of committed criminal infraction, identity of convicted
person and
other consequences.
3. Persons, specified in the first and second part of this Article, in the case
of their recovery shall subject to a criminal responsibility and punishment, if
the
periods of limitations of bringing to a criminal responsibility or guilty
verdict are
not expired.
Article 76. Release from punishment and reprieve of service of
sentence due to set of grave circumstances
1. A person, convicted for a criminal offence or crime of little and average
gravity may be released from punishment by court, if the consequences, resulting
especially grave consequences for his (her) family due to fire or natural
disaster,
serious illness or death of the only employable member of the family or other
emergency
circumstances are occurred.
2. Upon existence of grounds, specified in a first part of this Article, a court
may reprieve service of sentence for the term up to three months to the person,
convicted to imprisonment for grievous or especially grave crime, except for the
persons, convicted for terrorist or extremist crime, or the crime, convicted in
a
composition of criminal group or against sexual immunity of minors.
Article 77. Release from service of sentence in connection with
expiration of the period of limitations of guilty verdict
1. A person, convicted for the criminal infraction shall be released from
service
of sentence, if guilty verdict was not executed in the following terms,
considering from
the date of entry its entry into force:
1) one year upon conviction for a criminal offence;
2) three years upon conviction for a crime of little gravity;
3) six years upon conviction for the crime of average gravity;
4) ten years upon conviction for the grievous crime;
5) fifteen years upon conviction for especially grave crime.
2. Validity period of limitations on criminal offences independent from
commission
of a new criminal infraction shall not be suspended and terminated.
3. Validity period of limitations on the crimes shall be suspended, if convicted
person evades from service of sentence. In this case validity of period of
limitations
recommences from the date of detention of a person or acknowledgement of guilt.
Periods
of limitations, expired at the time of evasion of convicted person from service
of
sentence shall subject to offset. Upon that a guilty verdict may not execute, if
since
its rendering has been twenty five years and limitation was not terminated by
commission
of a new crime. In the case of reprieve of service of sentence validity period
of
limitations shall be suspended before expiration of the term of reprieve.
4. Validity period of limitations on the crimes shall be terminated, if before
expiration of the terms, specified in a first period of this Article a person
commits a
new intentional crime. In these cases calculation of period of limitations
begins anew
from the date of commission of a new crime.
5. An issue on application of period of limitations to the person, convicted to
death penalty or life imprisonment shall be decided by court. If a court does
not find
it possible to apply period of limitations, the death penalty shall be commuted
by life
imprisonment, and the life imprisonment is commuted by imprisonment for the term
of
twenty-five years. Periods of limitations shall not be applied to the persons,
convicted
for commission of crimes against peace and human security, corruption crime,
crime of
terrorism, extremist crime, torment, crimes against sexual immunity of minors,
as well
as especially grave crimes against personality, foundations of the
constitutional system
and state security, in the scope of economic activity.
Article 78. Release from criminal responsibility and punishment
on the basis of an act of amnesty or pardon 1. An act of amnesty shall be issued
by the Parliament of the Republic of
Kazakhstan in relation of individually undetermined set of people.
2. On the basis of an act of amnesty, the persons, convicted a criminal offence
or
crime of little or average gravity may be released from criminal responsibility.
Persons, convicted for commission of criminal offence or crime of little or
average
gravity may be released from punishment or his (her) imposed punishment may be
reduced
or commuted by more lenient type of punishment, or such person may be released
from
additional type of punishment. The term of imposed punishment may be reduced to
the
persons, convicted for commission of grievous or especially grave crime. A
conviction
may be released by an act of amnesty from the persons, served a sentence or
convicted
from its further service.
An act of amnesty shall not be applied to the persons, committed the crimes of
terrorism, extremist crimes, torment, crimes against sexual immunity of minors,
as well
as a punishment to whom is imposed upon repetition of crimes or dangerous
repetition of
crimes.
3. An act of pardon of individually defined person, in relation of whom a guilty
verdict is entered into legal force, and equally the persons, serving or served
a
sentence in the territory of the Republic of Kazakhstan, as well as imposed by
court
verdict of foreign state shall be issued by the President of the Republic of
Kazakhstan.
4. Upon pardon a person, convicted for the crime may be released from further
service of sentence or his (her) imposed punishment may be commuted by more
lenient type
of punishment, or such person may be released from additional type of
punishment. A
conviction may be released by act of pardon from the person, served a sentence
or
convicted from its further service.
Article 79. Conviction
1. A person, convicted for commission of a crime shall be considered to be
judged from the date of entry of guilty verdict into legal force until the
moment of
cancellation or release. Conviction shall be considered upon determination of
repetition
of crimes, dangerous repetition of crimes and upon imposition of crime in
accordance
with this Code.
2. A person, convicted from punishment, as well as convicted from commission of
a
criminal offence shall be recognized as not having conviction.
3. Conviction shall be cancelled:
1) in relation of persons, conditionally convicted, - upon expiration of the
term
of probationary control;
2) in relation of persons, convicted to more lenient types of punishments, than
imprisonment,- on the actual service of sentence;
3) in relation of persons, convicted to imprisonment for the crime of little or
average gravity, - upon expiration of three years after service of sentence;
4) in relation of persons, convicted to imprisonment for grievous, - upon
expiration of six years after service of sentence;
5) in relation of persons, convicted to imprisonment for especially grave
crimes,
- upon expiration of eight years of service of sentence.
4. If convicted person was early released from service of sentence in the manner
established by the Law of the Republic of Kazakhstan or unserved part of
punishment is
commuted by more lenient type of punishment, the term of cancellation of
conviction
shall be calculated on the basis of actually served term of sentence from the
date of
release from service of basic and additional types of punishments.
5. If an additional punishment is imposed to the person on a court verdict
together with basic punishment, the term of cancellation of conviction shall be
calculated from the date of service of basic and additional types of
punishments.
In the cases of imposition of additional punishment in the form of deprivation
of
the right to occupy determined posts or to engage in a determined activity for
the life
term, the term of cancellation of conviction shall be calculated from the date
of
service of the basic type of punishments.
6. Upon conviction of person on a set of criminal infractions or on a set of
sentences for the crime, relating to the different extent of gravity,
convictions shall
be cancelled for each crime independently, upon that the terms of cancellation
shall be
calculated from the date of service of sentence on a set of criminal infractions
or set
of sentences.
7. If convicted person after service of sentence behaved impeccably, on his
(her)
application a court may release conviction from him (her) before expiration of
the term
of cancellation of conviction.
This regulation shall not be applied to the persons, convicted to imprisonment
for
grievous or especially grave crimes, as well as a punishment to whom is imposed
upon
repetition of crimes or dangerous repetition of crimes.
8. Validity period, cancelling conviction shall be suspended if the convicted
person again committed a crime before expiration of the term of cancellation of
conviction. The term of cancellation of conviction on a first crime shall be
calculated
anew after actual service of basic and additional types of punishments for the
last
crime. In these cases a person shall be considered to be convicted for both
crimes
before expiration of the term of cancellation of conviction for more grievous of
them.
3. Cancellation or release of convictions shall cancel all legal consequences,
related with conviction, except for restrictions, established by the additional
type of
punishment, imposed for the life term.
SECTION 6. CRIMINAL RESPONSIBILITY OF MINORS
Article 80. Criminal responsibility of minors 1. The minors to whom an action of
this section is applied shall be recognized as
persons that reached the age of fourteen, but did not reach the age of eighteen
at the
moment of commission of criminal infraction.
2. A punishment may be imposed to the minors, committed a criminal infraction or
the compulsory measures of educational impact may be applied to them.
Article 81. Types of punishments, imposed to the minors
1. Types of punishments, imposed to the minors shall be:
1) deprivation of the right to engage in certain activity;
2) a fine;
3) correctional labour;
4) community service;
5) restriction of liberty;
6) imprisonment.
2. Deprivation of the right to engage in certain activity shall be imposed to
the
minors for the term of one year up to two years.
3. A fine shall be inflicted only if the convicted minor has independent
earnings
or property, to which may be levied execution. A fine may be inflicted at the
amount of
ten to two hundred and fifty monthly calculation indices.
4. Correctional works shall be imposed to the minors, having independent
earnings
or other permanent income in the amount of ten to two hundred and fifty monthly
calculation indices.
5. Community service shall be imposed for the term of forty to one hundred and
fifty hours, it is execution of work, equal to the minor, and executed by him
(her) in a
free time from study or main work. Duration of execution of this type of
punishment by
the persons at the age up to sixteen years may not exceed two hours in a day and
by
persons at the age from sixteen up to eighteen years – three hours in a day.
6. Restriction of liberty shall be imposed to the minors for the term up to two
years, and in the case of commutation of unserved part of punishment in the form
of
imprisonment by restriction of liberty – for the whole period of remaining
unserved part
of punishment.
7. An imprisonment may be imposed to the minors for the term not exceeding ten
years, and for murder upon aggravating circumstances or an act of terrorism or
on a set
of criminal infractions, one of which is murder upon aggravating circumstances
or an act
of terrorism, - twelve years. An imprisonment shall not be imposed to the
minors,
committed a crime of little gravity or a crime of average gravity, not related
with
cause death.
8. An imprisonment shall be served by the convicted minors:
1) the minors male, first convicted to imprisonment, as well as the minors
female
– in the juvenile correctional facilities of general regime;
2) the minors male, previously served imprisonment, - in the juvenile
correctional facilities of medium security.
9. Service of imprisonment may be imposed by court with specification of motives
of decided decision, to the convicted minors male in the juvenile correctional
facilities of general regime depending on the nature and extent of social danger
of
action, identity of guilty person and other circumstances of the case.
10. A court may give instructions to the body, executing a punishment, on a
record
upon treatment of convicted minor of certain features of his (her) personality.
Article 82. Imposition of punishment to the minor 1. Upon imposition of
punishment to the minor, except for the circumstances,
provided by Article 52 of this Code shall be considered conditions of his (her)
life and
education, level of mental development, other futures of personality, as well as
influence on him of older persons.
2. The minor age shall be considered as mitigating circumstance in a set with
mitigating and aggravating circumstances.
Article 83. Release of minors from criminal responsibility
and punishment 1. A minor, convicted a criminal offence or crime of little
gravity or first
committed a crime of average gravity may be released by court from a criminal
responsibility, if it is established that his (her) correction is possible
without
bringing to criminal responsibility. Upon that the compulsory measures of
educational
impact may be applied to him (her).
2. A minor, first convicted for commission of criminal offence or crime of
little
or average gravity may be released by court from a punishment, if it is
recognized that
his (her) correction may be reached by application of compulsory measures of
educational
impact.
3. A minor, first committed a grievous crime, not related with cause death may
be
released by court from a criminal responsibility in the cases, provided by
second part
of Article 68 of this Code.
Article 84. The compulsory measures of educational impact 1. The following
compulsory measures of educational impact may be imposed to the
minor:
1) warning;
2) transfer under supervision of parents or persons, substituting them or
specialized state body;
3) assignment of obligations to effect a caused harm;
4) restriction of leisure and establishment of special requirements to behavior
of the minor;
5) placement to the educational organization with special regime of detention;
6) assignment of obligations to make apologies to suffered person;
7) establishment of probationary control.
2. Simultaneously several compulsory measures of educational impact may be
imposed
to the minor.
Article 85. Detention and terms of application of compulsory
measures of educational impact 1. Warning is explanation of harm, caused by his
(her) action to the minors, and
consequences of repeated commission of crimes, provided by this Code.
2. Transfer under supervision is assignment of obligations on educational impact
to the minor and control of his (her) behavior to the parents or persons,
substituting
them or specialized state body.
3. An obligation to effect the caused harm shall be imposed in recognition of
property position of minors and existence of their relevant work skills.
4. Restriction of leisure and establishment of special requirements to behavior
of
the minor may provide prohibition of visit definite places, use of certain forms
of
leisure, as well as related with drive motor vehicles, restriction of presence
outside
after a certain time of day, travel to other localities without the of
specialized state
body. Requirement to return to the educational institution, continue or finish
education
or obtain employment with the help of specialized state body may be also
specified to
the minor. This list is not exhaustive.
5. Premises in the educational organization with special regime of detention for
the term up of six months to two years may be imposed by court to the minor,
convicted
an intentional crime of average gravity or grievous crime. Stay in these
organizations
may be terminated earlier in connection with attaining by person majority, as
well as if
on the basis of conclusion of the specialized state body, providing correction,
a court
finds that the minor for his correction in the future does not need to apply
such
measures.
6. Extension of the stay in educational organization with special regime of
detention after expiration of the term, provided by the fifth part of this
Article shall
be allowed only in the case of necessity to finish general education or
professional
training of the minor, but no more than before attaining by him(her) majority.
7. Procedure and condition of stay of the minors in the educational
organizations
with special regime of detention shall be determined by the Republic of
Kazakhstan.
8. A minor gives individual apologies to the injured person for caused harm.
9. Probationary control shall be established for the term of one year by the
rules
of second part of Article 44 of this Code.
10. The term of application of compulsory measures of educational impact,
provided
by paragraphs 2) and 4) of first part of Article 84 of this Code shall be
established by
duration up to six months upon commission of a criminal offence, from six months
to one
year upon commission of a crime of little gravity, from one year to two years
upon
commission of a crime of average gravity and from two years to three years upon
commission of grievous crime.
11. In the case of intentional non-execution of enforcement measure of
educational impact two and more times during a year by the minor, this measure
on
presentation of the specialized state body shall be cancelled by court and
materials are
directed for bringing of the minor to a criminal responsibility, if the period
of
limitations of bringing to a criminal responsibility did nor expired.
Article 86. Conditionally early release of the minors
from service of sentence 1. Persons, convicted to imprisonment, restriction of
liberty or correctional
works for commission of a crime as c minor, in the case of absence of gross
violations
of the established procedure of service or execution of sentence shall subject
to
conditionally early release after actual service or execution:
1) not less than one-fourth of the term or extent of punishment, imposed by the
court for a crime of little or average gravity;
2) not less than one-third of the term or extent of punishment, imposed by the
court for grievous crime;
3) not less than a half of the term of punishment, imposed by court for
especially
grave crime, not linked with infringement to human life;
4)not less than two-third of the term of punishment, imposed by court for
especially grave crime, linked with infringement to human life.
2. In the cases of commission of a crime by negligence, intentional criminal
offence or intentional crime of little gravity by conditionally early convicted
person
during the term of probationary control, an issue on cancellation or on
preservation of
conditionally early release shall be decided by court upon imposition of
punishment for
the new crime. If a court cancels conditionally early release, a punishment
shall be
imposed by the rules of imposition of punishment on a set of sentences.
3. In the cases of commission of intentional crime of average gravity, grievous
or
especially grave crime by conditionally early convicted person during the term
of
probationary control, a court shall cancel conditionally early release and
impose
punishment by the rules of imposition of punishment on a set of sentences.
Article 87. Commutation of unserved part of punishment
by the minor
1. Persons, serving imprisonment for commission of a crime as c minor, in the
absence of gross violations of the established procedure of service of sentence,
their
remaining unserved part of punishment shall be commuted by court by restriction
of
liberty after actual service:
1) not less than one-fifth of the term of punishment, imposed by the court for
the
crime of little or average gravity;
2) one-fourth of the term of punishment, imposed by the court for grievous
crime;
3) one-third of the term of punishment, imposed by the court for especially
grave
crime, not linked with infringement on human life;
4) a half of the term of punishment, imposed by court for especially grave
crime,
linked with infringement on human life.
2. Commutation of unserved part of punishment may be applied to the persons,
convicted for commission of a crime as a minor in the composition of criminal
group.
Article 88. Period of limitations
Period of limitations of bringing to a criminal responsibility or guilty verdict
upon release of minors from criminal responsibility or service of sentence shall
be
reduced by half.
Article 89. Terms of cancellation of conviction For the persons, convicted the
crime before reaching the age of eighteen, the
terms of cancellation of conviction, provided by Article 79 of this Code shall
be
reduced and respectively equal to:
1) four months after service of more lenient type of punishment, than
imprisonment;
2) one year after service of imprisonment for the crime of little or average
gravity;
3) two years after service of imprisonment for grievous crime;
4) three years after service of imprisonment for especially grave crime.
Article 90. Application of provisions of this section to the
persons between the ages of eighteen and twenty-one years
In the exceptional cases in recognition of nature of committed crime and
identity,
a court may apply provisions of this section to the person, committed a crime
between
the ages of eighteen and twenty-one years, except for the placement them in the
educational organizations with a special regime of detention.
SECTION 7. COMPULSORY MEASURES OF MEDICAL NATURE
Article 91. Grounds of application of compulsory measures
of medical nature
1. Compulsory measures of medical nature may be applied by court to the persons:
1) committed the actions, provided by Articles of Special part of this Code, in
a
condition of irresponsibility;
2) who suffered from mental disease after commission of criminal infraction,
making it impossible of imposition or execution of punishment;
3) committed a criminal infraction and suffering with mental disease, not
excluding mental capacity;
4) committed a crime infraction and recognized as needy in treatment for
alcoholism, drug addiction, drug abuse.
2. Compulsory measures of medical nature shall be imposed to the persons,
specified in a first part of this Article only in the cases, when a mental
disease
related with possibility of infliction of other substantial harm by these
persons or
with a danger to themselves or other persons.
3. Procedure of execution of compulsory measures of medical nature shall be
determined by Penal Execution Code and the legislation of the Republic of
Kazakhstan in
the field of health care service.
4. In relation of persons, specified in a first part of this Article and not
constituting a danger on his (her) mental disease, a court may transfer
necessary
materials to the health authorities for resolution of the issue on treatment of
these
persons or direction them to the psychoneurology organizations in the manner
provided by
the legislation of the Republic of Kazakhstan in the field of health care
service.
Article 92. Purposes of application of compulsory measures
of medical nature Purposes of application of compulsory measures of medical
nature shall be
treatment of persons, specified in a first part of Article 91 of this Code, or
improvement of their medical state, as well as prevention of commission by them
the new
actions, provided by Articles of Special part of this Code.
Article 93. Types of compulsory measures of medical nature
1. A court may apply the following types of compulsory measures of medical
nature:
1) compulsory out-patient observance and treatment on the by a psychiatrist;
2) compulsory treatment in a mental hospital of general type;
3) compulsory treatment in a mental hospital of specialized type;
4) compulsory treatment in a mental hospital of specialized type with intensive
care.
2. A court together with a punishment may impose compulsory measures of medical
nature in the form of compulsory out-patient observance and treatment on the by
a
psychiatrist to the persons, convicted for the criminal infractions, committed
in a
condition of responsibility, but being in need of treatment for alcoholism, drug
addiction, drug abuse or treatment of mental disease, not excluding a mental
capacity.
Article 94. Compulsory out-patient observance and treatment
on the by a psychiatrist
Compulsory out-patient observance and treatment on the by a psychiatrist may be
imposed upon existence of grounds, provided by Article 91 of this Code, if a
person on
his (her) mental state does not need in placement in a psychiatric hospital.
Article 95. Compulsory treatment in a mental hospital
1. Compulsory treatment in a mental hospital may be imposed upon existence of
grounds, provided by Article 91 of this Code, if a nature of mental disease of
person
requires such conditions of treatment, care, maintenance and observance, which
may be
carried out only in the mental hospital.
2. Compulsory treatment in a mental hospital of general type may be imposed to
the person, which on his (her) state and nature of committed socially-dangerous
action
is need in hospital treatment and observance, but not requires of intensive
observance.
3. Compulsory treatment in a mental hospital of specialized type may be imposed
to
the person, which on his (her) mental state and nature of committed
socially-dangerous
action requires of permanent observation.
4. Compulsory treatment in a mental hospital of specialized type with
intentional
observation may be imposed to the person, which on his (her) mental state and
nature of
committed socially-dangerous action presents special danger to himself (herself)
or
other persons and requires permanent and intensive observation.
Article 96. Extension, change and cancellation of compulsory
measures of medical nature
1. Extension, change and cancellation of compulsory measures of medical nature
shall be carried out by court on presentation of administration of the
institution,
carrying out a compulsory treatment, on the ground of findings by commission of
psychiatrists.
2. A person, to whom a compulsory measure of medical nature is imposed shall
subject to certification by commission of psychiatrists at least once every six
months
for resolution of the issue on existence of grounds for making representations
in a
court on termination or change of such measure. Upon absence of grounds for
termination
of application or change of compulsory measure of medical nature, an
administration of
the institution, carrying out a compulsory treatment shall represent a
conclusion in a
court for extension of compulsory treatment. First extension of compulsory
treatment may
be executed upon expiration of six months from the date of initiation of
treatment, in
the subsequent extension of compulsory treatment shall be executed annually.
3. Change or termination of compulsory measure of medical nature shall be
carried
out by court in the case of such change of mental state of person, upon that
there is no
need to apply any previously assigned measure or there is a need to appoint the
compulsory medical measures.
4. In the case of termination of application of compulsory treatment in a mental
hospital, a court may transfer necessary materials in relation of person, being
in a
compulsory treatment, to the health authorities for resolution of the issue on
his (her)
treatment or direction in a psychoneurology organization in the manner, provided
by the
legislation of the Republic of Kazakhstan in the field of health care service.
Article 97. Imposition of punishment after application of
compulsory measures of medical nature 1. A punishment may be applied by court to
the person, who after commission of a
criminal infraction or during service of sentence became ill with mental
disease,
denying him (her) the opportunity to be conscious of his (her) actions or
control them,
after his (her) recovery, if periods of limitations are not expired or there are
no
grounds for release him (her) from a criminal responsibility and punishment.
2. In the case of treatment of person, who suffered from mental disease after
commission of a crime, upon imposition of punishment or resuming its execution
time,
during of which a compulsory treatment in a mental hospital is applied to the
person
shall be included in a term of punishment at the rate of one day of stay in a
mental
hospital for one day of imprisonment or one day of arrest.
Article 98. Compulsory measures of medical nature,
connected with execution of punishment 1. In the case, provided by paragraph 3)
of first part of Article 91 of this Code,
compulsory measures of medical nature shall be executed on the place of service
of
imprisonment, and in relation of convicted persons to other types of punishments
– in
the health care organizations, rendering outpatient mental health service.
2. In the case, provided by paragraph 4) of first part of Article 91 of this
Code,
compulsory measures of medical nature shall be executed on the place of service
of
imprisonment, and in relation of convicted persons to other types of punishments
– in
the health care organizations.
3. Upon change of mental state of convicted person, requiring hospital
treatment,
placement of convicted person in a mental hospital or other medical institution
shall be
executed in the manner and grounds provided by the legislation of the Republic
of
Kazakhstan in the field of health care service.
4. Residence time in the specified institutions shall be included in the term of
service of sentence. When it is unnecessary to further treatment of convicted
person in
the specified institutions, release shall be executed in the manner provided by
the
legislation of the Republic of Kazakhstan in the field of health care service.
5. Termination of application of compulsory measure of medical nature, connected
with execution of punishment shall be executed by court on presentation of body,
executing a punishment on the basis of conclusion of commission of
psychiatrists.
SPECIAL PART
Chapter 1. CRIMINAL INFRACTIONS AGAINST PERSONS
Article 99. Murder
1. Murder, in other words illegal intended cause death to other person,
- shall be punished by imprisonment for the term of eight to fifteen years.
2. Murder of:
1) two or more persons;
2) persons or his (her) close relatives in connection with carrying out of
employment activity by this person or performance of professional or public
duty;
3) persons, certainly for guilty person being in helpless state, as well as
linked
with kidnapping or hostage taking;
4) women, certainly for guilty person being in the state of pregnancy;
5) committed with special cruelty;
6) committed in a manner dangerous for life of other persons;
Note of RCLI!
Subparagraph 7) is provided in the wording of the Law of the Republic of
Kazakhstan dated 07.11.2014 No. 248-V (shall be enforced from 01.01.2015).
7) committed by group of persons, group of persons on previous concert, criminal
group;
8) for selfish motives, as well as by hire or linked with robbery with violence
or
extortion;
9) for hooligan motives;
10) commission in order to conceal other crime or facilitate its commission, as
well as linked with rape or sexual battery;
11) on social, national, racial or religious hatred or enmity grounds or blood
revenge;
12) commission in order of the use of organs or tissues of injured person;
13) committed repeatedly;
14) certainly a minor person;
Note of RCLI!
Subparagraph 15) is provided in the wording of the Law of the Republic of
Kazakhstan dated 07.11.2014 No. 248-V (shall be enforced from 01.01.2015).
15) commission in the conditions of emergency situations or in the course of
mass
disorders, -
shall be punished by imprisonment for the term of fifteen to twenty years or
life
imprisonment with confiscation of property or without it.
Article 100. The killing by a mother of her newborn child
The killing by a mother of her newborn child both during childbirth, and in the
subsequent period, committed in the commission of psycho-traumatic situation or
in a
state of mental disease, not excluding mental capacity shall be punished by
restriction
of punishment for the term of up to four years or imprisonment for the same
term.
Article 101. Murder, committed in the affective state
1. Murder, committed in the state of sudden heat of passion (affect), caused by
violence, abuse or great insult or other unlawful or immoral actions (omission)
of
injured person, as well as long psycho-traumatic situation, occurred in
connection with
systematic illegal or immoral behavior of injured person shall be punished by
restriction of liberty for the term of three years or imprisonment for the same
term.
2. Murder of two or more persons, committed in the circumstances, specified in a
first part of this Article shall be punished by imprisonment for the term up to
five
years.
Article 102. Murder, committed upon use of excessive
force in self-defense
Murder, committed upon use of excessive force in self-defense shall be punished
by
restriction of liberty for the term up to two years or imprisonment for the same
term.
Article 103. Murder, committed upon excess of measures,
necessary for detention of a person, committed a crime Murder, committed upon
excess of measures, necessary for detention of person,
committed a crime shall be punished by restriction of liberty for the term up to
three
years or imprisonment for the same term.
Article 104. Cause death by negligence
1. Cause death by negligence shall be punished by restriction of liberty for the
term up to three years or imprisonment for the same term.
2. Cause death by negligence to two or more persons shall be punished by
restriction of liberty for the term of five years or imprisonment for the same
term.
Article 105. Incitement to suicide
1. Incitement of person to suicide or to attempted suicide by threat, abusive
treatment or systematic abasement of human dignity of injured person shall be
punished
by restriction of liberty for the term up to three years of imprisonment for the
same
term.
2. The same action, committed in relation of person, being in a material or
other
dependence from guilty person shall be punished by restriction of liberty for
the term
up to five years or imprisonment for the same term.
3. An action, provided by first or second part of this Article, committed in
relation of a minor shall be punished by imprisonment for the term of three
years up to
seven years.
Article 106. Intentional infliction of grievous harm to health 1. Intentional
infliction of grievous harm to health shall be punished by
restriction of liberty for the term of three years to seven years or
imprisonment for
the same term.
2. The same action, committed:
1) in relation of two or more persons;
2) in relation of person or his (her) relatives in connection with carrying out
of
employment activity by this person or performance of professional or public
duty;
3) in relation of persons, certainly for guilty person being in helpless state,
as
well as linked with kidnapping or hostage taking;
4) with special cruelty;
5) by group of persons, group of persons on previous concert;
6) for selfish motives, as well as by hire
7) for hooligan motives;
8) on social, national, racial or religious hatred grounds or enmity;
9) commission in order of the use of organs or tissues of injured person;
10) repeatedly;
11) in relation of certainly minor person;
12) in conditions of emergency situations or in the course of mass disorders, -
shall be punished by imprisonment for the term of five up to ten years.
3. The actions, provided by first or second part of this Article, causing death
of injured person by negligence or committed by criminal group, -
shall be punished by imprisonment for the term of eight to twelve years.
Article 107. Intentional infliction of average-gravity
harm to health 1. Intentional infliction of average-gravity harm to health –
shall be punished by the fine in the amount of one thousand monthly calculation
indices or correctional works in the same amount, or restriction of liberty for
the term
up to two years, or imprisonment for the same term.
2. The same action, committed:
1) in relation of two or more persons;
2) in relation of person or his (her) relatives in connection with carrying out
of
employment activity by this person or performance of professional or public
duty;
3) with special cruelty, as well as in relation of person, certainly for guilty
person being in helpless state;
4) by group of persons on previous concert, criminal group;
5) for hooligan motives;
6) on social, national, racial or religious hatred grounds or enmity;
7) repeatedly;
8) in relation of certainly minor person, - shall be punished by the fine in the
amount up to two thousand monthly calculation indices or correctional works in
the same
amount, or restriction of liberty for the term up to three years, or
imprisonment for
the same term.
Article 108. Intentional infliction of non-grave harm to health
Intentional infliction of non-grave harm to health –
shall be punished by the fine in the amount up to two hundred monthly
calculation
indices or correctional works in the same amount, or community service for the
term up
to one hundred and eighty hours, or arrest for the term up to sixty days.
Article 109. Blows
Bodily blows or commission of other violent acts, caused physical pain, but not
entailed infliction of non-grave harm to health,-
shall be punished by the fine in the amount up to one hundred monthly
calculation
indices or correctional works in the same amount, or community service for the
term up
to one hundred hours, or arrest for the term up to forty five days.
Article 110. Torment 1. Infliction of physical or mental suffering by systematic
bodily blows or by
other violent acts, if this action did not result in infliction of grievous or
average
gravity harm to health, -
shall be punished by the fine in the amount of up to one thousand monthly
calculation indices or correctional works in the same amount or restriction of
liberty
for the term of up to two years, or imprisonment for the same term.
2. The same action, committed:
1) in relation of certainly minor or person, certainly for guilty person being
in
helpless state or in material or other dependence from guilty person, as well as
a
person, kidnapped or taken as hostage;
2) in relation of two or more persons;
3) in relation of women, certainly for guilty person being in the state of
pregnancy;
4) with use of torture;
5) by hire;
6) on social, national, racial or religious hatred or enmity, -
shall be punished by restriction of liberty for the term of three to seven
years,
or imprisonment for the same term.
Article 111. Infliction of harm to the health in
affective state Intentional infliction of grievous harm to health, committed in
the state of
sudden heat of passion (affect), caused by violence, abuse or great insult on
the part
of injured person or other unlawful or immoral actions (omission) of injured
person, as
well as long psycho-traumatic situation, occurred in connection with systematic
illegal
or immoral behavior of injured person shall be punished by the fine in the
amount of up
to two hundred monthly calculation indices or correctional works in the same
amount, or
community service for the term of up to one hundred and eighty hours, or arrest
for the
term of up to sixty days.
Article 112. Infliction of grievous harm to health upon use of
excessive force in self-defense
1. Intentional infliction of grievous harm to health, committed upon use of
excessive force in self-defense shall be punished by the fine in the amount of
up to one
thousand monthly calculation indices or correctional works in the same amount,
or
restriction of labor for the term of up to one year, or imprisonment for the
same term.
2. The same action, entailed the death of injured person by negligence shall be
punished by restriction of liberty for the term of up to two years or
imprisonment for
the same term.
Article 113. Infliction of grievous harm to health upon
detention of a person, committed a crime
Intentional infliction of grievous harm to health, committed upon excess of
measures, necessary for detention of person, committed a crime shall be punished
by the
fine in the amount of up to one thousand monthly calculation indices or
correctional
works in the same amount, or restriction of liberty for the term of up to one
year, or
imprisonment for the same term.
Article 114. Negligent infliction of harm to health
1. Infliction of average gravity of harm to health by negligence shall be
punished
by the fine in the amount of up to one hundred monthly calculation indices or
correctional works in the same amount, or community service for the term of up
to one
hundred twenty hours, or arrest for the term of up to forty five days.
2. Infliction of average gravity of harm to health by negligence to two or more
persons shall be punished by the fine in the amount of up to two hundred monthly
calculation indices or correctional works in the same amount or community
service for
the term of up to one hundred and eighty hours, or arrest for the term of up to
sixty
days.
3. Infliction of grievous harm to health by negligence shall be punished by the
fine in the amount of up to one thousand monthly calculation indices or
correctional
works in the same amount, or restriction of liberty for the term of up to one
year, or
imprisonment for the same term.
4. Infliction of grievous harm to health by negligence to two or more persons
shall be punished by the fine in the amount of two thousand monthly calculation
indices
or correctional works in the same amount, or restriction labors for the term of
up to
two years, or imprisonment for the same term.
Article 115. Threat
Threat of murder or infliction of grievous harm to health, and equally other
grievous violence against a person or destruction of property by arson,
explosion or
other dangerous way upon existence of sufficient grounds to fear of execution of
this
threat shall be punished by the fine in the amount of up to two hundred monthly
calculation indices or correctional works in the same amount, or community
service for
the term of up to one hundred and eighty hours, or arrest for the term of up to
sixty
days.
Article 116. Forcible removal or illegal removal of organs and
tissues of person 1. Forcible removal or illegal removal of organs and tissues
of living person for
transplantation or other use, as well as commission of illegal transactions in
relation
of organs and tissues of living person shall be punished by imprisonment for the
term of
up to five years with deprivation of the right to occupy determined positions or
to
engage in a determined activity for the term of up to three years or without it.
2. The same actions, committed:
1) in relation of person, certainly for guilty person, being in helpless state;
2) in relation of certainly minor;
3) in relation of two or more persons;
4) group of persons, group of persons on previous concert;
5) repeatedly;
6) with the use of weapon or objects used as weapon;
7) in relation of woman, certainly for guilty person being in the state of
pregnancy;
8) by false pretenses or abuse of trust;
9) by person with the use of his (her) official position;
10) with the use of material or other dependence of injured person shall be
punished by imprisonment for the term of five to ten years with confiscation of
property
or without it, with deprivation of the right to occupy determined positions or
to engage
in a determined activity for the term of up to five years or without it.
3. The actions, provided by first of second part of this Article, causing the
death of injured person by negligence or other grievous consequences or
committed by
criminal group shall be punished by imprisonment for the term of eight to twelve
years
with confiscation of property or without it, with deprivation of the right to
occupy
determined positions or to engage in a determined activity for the term of up to
ten
years or without it.
Article 117. Infection with venereal disease 1. Infection of other person with
venereal disease by person, who knew that he
(she) has such disease shall be punished by the fine in the amount of up to one
hundred
monthly calculation indices or correctional works in the same amount, or
community
services for the term of up to one hundred twenty hours, or arrest for the term
of up to
forty five days.
2. The same action, entailed serious consequences, as well as infection of two
and
more persons or certainly minor shall be punished by the fine in the amount of
up to two
monthly calculation indices or correctional works in the same amount, or
restriction of
liberty for the term of up to two years, or imprisonment for the same term.
Article 118. Infection of human immunodeficiency
virus (HIV/AIDS)
1. Knowing endangering of other person of infection of HIV/AIDS shall be
punished
by the fine in the amount of up to two hundred monthly calculation indices or
correctional works in the same amount, or community services for the term of up
to one
hundred and eighty hours, or arrest for the term of up to sixty days.
2. Infection of other person with HIV / AIDS by person who knew that he has this
disease shall be punished by imprisonment for the term of up to five years.
3. An action, provided by second part of this Article, committed in relation of
two or more persons in relation of certainly minor shall be punished by
imprisonment for
the term of four to eight years.
Note. A person, committed the actions, provided by first or second part of this
Article shall be released from criminal responsibility in the case, if other
person,
endangering of infection or infected by HIV / AIDS, was prevented in a timely
manner of
the presence of disease of first person and voluntarily agreed to perform
actions that
created the risk of infection.
Article 119. Leaving in danger
1. Knowingly leaving without the aid of a person, being in danger state to life
or
health and deprived of the opportunity to take measures for self-preservation on
the
early childhood, old age, illness or due to other helpless state, in the cases,
if the
guilty person had the opportunity to render assistance to that person or was
obliged to
take care about that person or endanger him (her) by himself (herself) in a
danger state
for life and health shall be punished by the fine of up to one hundred monthly
calculation indices or correctional works in the same amount or community
service for
the term of up to one hundred twenty hours, or arrest for the term of up to
forty five
days.
2. The same action, entailed infliction of grievous or average gravity harm by
negligence to the health of person, left without assistance shall be punished by
the
fine in the amount of up to two thousand monthly calculation indices or
correctional
works in the same amount, or restriction of liberty for the term of up to two
years, or
imprisonment for the same term.
3. An action, provided by first part of this Article, entailed the death of
person, left without assistance by negligence shall be punished by restriction
of
liberty for the term of up to three years or imprisonment for the same term.
4. An action, provided by first part of this Article, entailed the death of two
or
more persons be negligence shall be punished by restriction of liberty for the
term of
up to five years or imprisonment for the same term.
Article 120. Rape 1. Rape, in other words sexual relationship with application
of action of force
and with threat of its application to injured person or other persons or with
the use of
helpless state of injured person shall be punished by imprisonment for the term
of three
to five years.
2. Rape:
1) committed by group of persons, group of persons on previous concert;
2) connected with threat of murder, as well as committed with special cruelty in
relation to the injured person or other persons;
3) entailed infection with venereal disease of injured person;
4) committed repeatedly shall be punished by imprisonment for the term of five
to
ten years.
3. The actions, provided by first and second parts of this Article, if they:
1) resulted the death of injured person by negligence;
2) resulted infliction of grievous harm to health of injured person by
negligence,
infection her with HIV/AIDS or other grave consequences;
3) committed in relation of certainly minor person;
4) committed in the conditions of emergency situation or in the course of mass
disorders;
5) committed in relation of minor by parent, teacher or other person, to whom
the
responsibilities of his (her) upbringing are imposed by the Law of the Republic
of
Kazakhstan;
6) committed by criminal group shall be punished by imprisonment for the term of
ten to fifteen years with deprivation of the right to occupy determined
positions or to
engage in a determined activity for the term of ten years or without it, and in
the
cases, provided by paragraph 5), with deprivation of the right to occupy
determined
positions or to engage in a determined activity for life.
4. The actions, provided by first, second or third parts of this Article, if
they
are committed in relation of certainly minor shall be punished by imprisonment
for the
term of fifteen to twenty years with deprivation of the right to occupy
determined
positions or to engage in a determined activity for life or life imprisonment.
Article 121. Violent acts of sexual nature
1. Pederasty, lesbian act or other actions of sexual nature with application of
action of force and with threat of its application to injured person or other
persons or
with the use of helpless state of injured person-
shall be punished by imprisonment for the term of three to five years.
2. The same action:
1) committed by group of persons, group of persons on previous concert;
2) connected with threat of murder, as well as committed with special cruelty in
relation to the injured person or other persons;
3) entailed infection with venereal disease of injured person;
4) committed repeatedly shall be punished by imprisonment for the term of five
to
ten years.
3. The actions, provided by first or second parts of this Article, if they:
1) resulted the death of injured person by negligence;
2) resulted infliction of grievous harm to health of injured person by
negligence,
infection him (her) with HIV/AIDS or other grave consequences;
3) committed in relation of certainly minor person;
4) committed in the conditions of emergency situation or in the course of mass
disorders;
5) committed in relation of minor by parent, teacher or other person, to whom
the
responsibilities of his (her) upbringing are imposed by the Law of the Republic
of
Kazakhstan;
6) committed by criminal group shall be punished by imprisonment for the term of
ten to fifteen years with deprivation of the right to occupy determined
positions or to
engage in a determined activity for the term of ten years or without it, and in
the
cases, provided by paragraph 5), with deprivation of the right to occupy
determined
positions or to engage in a determined activity for life.
4. The actions, provided by first, second or third parts of this Article, if
they
are committed in relation of certainly minor shall be punished by imprisonment
for the
term of fifteen to twenty years with deprivation of the right to occupy
determined
positions or to engage in a determined activity for life or life imprisonment.
Article 122. Sexual relationship or other actions of sexual
nature with person, not reached the age of sixteen 1. Sexual relationship,
pederasty, lesbian act or other actions of sexual nature
with person, certainly not reached the age of sixteen shall be punished by
restriction
of liberty for the term of up to five years or imprisonment for the same term.
2. The same actions, committed in relation of person, not reached the age of
eighteen, by parent, teacher or other person, to whom the responsibilities of
his (her)
upbringing are imposed by the Law of the republic of Kazakhstan shall be
punished by
imprisonment for the term of seven to ten years with deprivation of the right to
occupy
determined positions or to engage in a determined activity for life.
3. The actions, provided by first or second parts of this Article, committed
repeatedly shall be punished by imprisonment for the term of ten to fifteen
years with
deprivation of the right to occupy determined positions or to engage in a
determined
activity for life.
Article 123. Coercion to sexual relationship, pederasty,
lesbian act or other actions of sexual nature Coercion of person to sexual
relationship, pederasty, lesbian act or other actions
of sexual nature by blackmail, threat of destruction, damaging or seizure of
property or
with the use of material or other dependence of injured person shall be punished
by the
fine in the amount of one thousand monthly calculation indices or correctional
works in
the same amount or restriction of liberty for the term of one year or
imprisonment for
the same term.
Article 124. Corruption of minors 1. Commission of sexual abuses without use of
force in relation of certainly minor
shall be punished by imprisonment for the term of five to ten years with
deprivation of
the right to occupy determined positions or to engage in a determined activity
for the
term of seven to ten years.
2. The same action, committed in relation of minor by parent, teacher or other
person, to whom the responsibilities on his (her) upbringing are imposed by the
Law of
the Republic of Kazakhstan shall be punished by imprisonment for the term of
seven to
twelve years with deprivation of the right to occupy determined positions or to
engage
in a determined activity for life.
3. The actions, provided by first or second part of this Article, committed
repeatedly shall be punished by imprisonment for the term of ten to fifteen
years with
deprivation of the right to occupy determined positions or to engage in a
determined
activity for life.
Article 125. Kidnapping 1. Kidnapping shall be punished by imprisonment for the
term of four to seven
years.
2. The same action, committed:
1) group of persons on previous concert;
2) repeatedly;
3) with use of force, dangerous to life or health;
4) with use of weapons or objects used as weapons;
5) in relation of certainly minor;
6) in relation of woman, certainly for guilty person being in the state of
pregnancy;
7) in relation of two or more persons;
8) for selfish motives shall be punished by imprisonment for the term of seven
to
twelve years with confiscation of property or without it.
3. The actions, provided by first or second parts of this Article, if they:
1) committed by criminal group;
2) committed in order of operation of abducted;
3) resulted the death of injured person by negligence or other grievous
consequences shall be punished by imprisonment for the term of ten to fifteen
years with
confiscation of property or without it.
Note. A person who voluntary releases the abducted shall be released from
criminal
responsibility, if his (her) actions do not contain the components of another
crime.
Article 126. Illegal imprisonment 1. Illegal imprisonment, not related with his
(her) kidnapping shall be punished
by restriction of liberty for the term of up to three years or imprisonment for
the same
term.
2. The same action, committed:
1) group of persons on previous concert;
2) repeatedly;
3) with use of force, dangerous to life and health;
4) with use of weapons or objects used as weapons;
5) in relation of certainly minor;
6) in relation of woman, certainly for guilty person being in the state of
pregnancy;
7) in relation of two or more persons;
8) for selfish motives;
9) with the use of material or other dependence of injured person, -
shall be punished by imprisonment for the term of up to five years with
confiscation of property or without it.
3. The actions, provided by first or second parts of this Article, if they:
1) committed by criminal group;
2) committed in order of illegal operation of deprived of liberty;
3) resulted the death of injured person by negligence or other grievous
consequences, -
shall be punished by imprisonment for the term of five to ten years with
confiscation of property or without it.
Article 127. Illegal placement in a mental hospital
1. Illegal placement in a mental hospital or illegal detention in it shall be
punished by the fine of up to three thousands monthly calculation indices or
correctional works in the same amount, or restriction of liberty for the term of
up to
three years, or imprisonment for the same term.
2. The same action, if it:
1) committed for selfish motives or other personal interest;
2) committed by person with the use of his (her) official position;
3) committed in relation of certainly minor;
4) resulted the death of injured person by negligence or other grievous
consequences shall be punished by imprisonment for the term of three to seven
years with
deprivation of the right to occupy determined positions or to engage in a
determined
activity for the term of up to three years or without it.
Article 128. Human trafficking 1. Buy and sale or commission of other
transactions in relation of person, as well
as his (her) operation or enlistment, transportation, transfer, concealment,
receipt, as
well as commission of other actions in order of operation shall be punished by
imprisonment for the term of three to five years with confiscation of property.
2. The same action, committed:
1) by group of persons on previous concert;
2) repeatedly;
3) with use of force, dangerous to life and health, or threat of its use;
4) with use of weapons or objects used as weapons;
5) in relation of woman, certainly for guilty person being in the state of
pregnancy;
6) in relation of two and more persons;
7) in order of removal of organs or tissues of injured person for
transplantation
or other use;
8) by false pretenses or abuse of trust;
9) by person with the use of his (her) official position;
10) with the use of material or other dependence of injured person;
11) in relation of person, certainly for guilty person suffered from mental
disease or being in the helpless state;
12) with suppression, non-disclosure or destruction of documents, certifying
identity of injured person shall be punished by imprisonment for the term of
five to
seven years with confiscation of property.
3. The actions, provided by first and second parts of this Article, committed in
order of export outside of the Republic of Kazakhstan, import in the Republic of
Kazakhstan or transportation of person through the territory of the Republic of
Kazakhstan from one foreign state to another, as well as export outside of the
Republic
of Kazakhstan, import in the Republic of Kazakhstan or transportation of person
through
the territory of the Republic of Kazakhstan from one foreign state to another
state in
order of commission of such actions-
shall be punished by imprisonment for the term of seven to ten years with
confiscation of property.
4. The actions, provided by first, second or third part of this Article, if
they:
1) committed by criminal group;
2) resulted the death of injured person by negligence or other grievous
consequences shall be punished by imprisonment for the term of ten to fifteen
years with
confiscation of property.
Article 129. Human cloning
1. Human cloning or use of human embryo in commercial, military or industrial
purposes, as well as removal of germ cells or of human embryos from the Republic
of
Kazakhstan for the same purposes shall be punished by imprisonment for the term
of up to
three years with deprivation of the right to occupy determined positions or to
engage in
a determined activity for the term of up to two years or without it.
2. The same actions, committed:
1) by group of persons, group of persons on previous concert;
2) repeatedly, -
shall be punished by imprisonment for the term of four to seven years with
deprivation of the right to occupy determined positions or to engage in a
determined
activity for the term of up to three years or without it.
3. The actions, provided by first or second parts of this Article, committed by
criminal group shall be punished by imprisonment for the term of seven to ten
years with
deprivation of the right to occupy determined positions or to engage in a
determined
activity for the term of up to five years.
Article 130. Slander
1. Slander, in other words dissemination of knowingly false details,
discrediting
the honor and dignity of another person or damaging his (her) reputation shall
be
punished by the fine in the amount of one thousand monthly calculation indices
or
correctional works in the same amount, or restriction of liberty for the term of
up to
one year, or imprisonment for the same term.
2. The same action, committed publicly or with the use of mass media or
information and communication networks shall be punished by the fine in the
amount of up
to two thousand monthly calculation indices or correctional works in the same
amount, or
restriction of liberty for the term of up to two years, or imprisonment for the
same
term.
3. The actions, provided by first and second parts of this Article, connected
with
accusation of person in commission of corruption, grievous or especially grave
crime, as
well as resulted the grave consequences shall be punished by the fine in the
amount of
up to three thousand monthly calculation indices or correctional works in the
same
amount, or restriction of liberty for the term of up to three years, or
imprisonment for
the same term.
Article 131. Insult
1. Insult, in other words humiliation of honor and dignity of other person,
expressed in an unseemly manner shall be punished by the fine in the amount of
up to one
hundred monthly calculation indices or correctional works in the same amount, or
community services for the term of up to one hundred twenty years.
2. The same action, committed publicly or with the use of mass media or
information and communication networks shall be punished by the fine in the
amount of up
to two hundred monthly calculation indices or correctional works in the same
amount, or
community services for the term of up to one hundred and eighty hours.
Chapter 2. CRIMINAL INFRACTION AGAINST THE FAMILY
AND MINORS
Article 132. Involvement of a minor in the commission
of criminal infractions
1. Involvement of a minor in the commission of criminal infractions by person,
reached the age of eighteen shall be punished by imprisonment for the term of
two to six
years.
2. The same action, committed by parent, teacher or other person, to whom the
responsibilities on upbringing of a minor are imposed by the Law of the Republic
of
Kazakhstan shall be punished by imprisonment for the term of three to seven
years with
deprivation of the right to occupy determined positions or to engage in a
determined
activity for life.
3. The actions, provided by first or second parts of this Article, committed
with
use of force or treat of its use shall be punished by imprisonment for the term
of four
to eight years with deprivation of the right to occupy determined positions or
to engage
in a determined activity for life.
4. The actions, provided by first, second or third parts of this Article, linked
with involvement of minor in the commission of grievous or especially grave
crime shall
be punished by imprisonment for the term of five to ten years with deprivation
of the
right to occupy determined positions or to engage in a determined activity for
life.
5. The actions, provided by first, second, third or fourth parts of this
Article,
linked with involvement of minor in the criminal activity of criminal group
shall be
punished by imprisonment for the term of ten to fifteen years with deprivation
of the
right to occupy determined positions or to engage in a determined activity for
life.
Article 133. Involvement of a minor in commission of
antisocial actions
1. Involvement of a minor in consumption of doping substances or drug abuse, or
in
repeated use of alcoholic drinks, or vagrancy or beggary shall be punished by
the fine
in the amount of up to three thousand monthly calculation indices or
correctional works
in the same amount, or restriction of liberty for the term of up to three years,
or
imprisonment for the same term.
2. The same action, committed by parent, teacher or other person, to whom the
responsibilities on upbringing of a minor are imposed by the Law of the Republic
of
Kazakhstan shall be punished by the fine in the amount of up to five thousand
monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to five years, or imprisonment for the same term, with
deprivation of
the right to occupy determined positions or to engage in a determined activity
for life.
3. The actions, provided by first or second parts of this Article, committed
repeatedly or with use of force or threat of its use shall be punished by
imprisonment
for the term of three to six years with deprivation of the right to occupy
determined
positions or to engage in a determined activity for life.
Article 134. Involvement of a minor in prostitution
1. Involvement of a minor in prostitution shall be punished by imprisonment for
the term of three to five years with confiscation of property.
2. Involvement of a minor in prostitution by use of force or threat of its use,
use of dependent position, blackmail, destruction or damaging of property or by
false
pretenses shall be punished by imprisonment for the term of five to seven years
with
confiscation of property.
3. The actions, provided by first and second part of this Article, committed:
1) by group of persons on previous concert;
2) repeatedly;
shall be punished by imprisonment for the term of six to ten years with
confiscation of property.
4. The actions, provided by first, second or third parts of this Article,
committed by:
1) criminal group;
2) parent, teacher or other person, to whom the responsibilities on upbringing
of
a minor are imposed by the Law of the Republic of Kazakhstan, -
shall be punished by imprisonment for the term of seven to twelve years with
confiscation of property, and in the cases, provided by paragraph 2), with
deprivation
of the right to occupy determined positions or to engage in a determined
activity for
life.
Article 135. Trafficking in minors
1. Buy and sale or commission of other transactions in relation of minor, as
well
as his (her) operation or enlistment, transportation, transfer, concealment,
receipt, as
well as commission of other actions in order of operation-
shall be punished by imprisonment for the term of five to seven years with
confiscation of property.
2. The same actions, committed:
1) group of persons on previous concert;
2) repeatedly;
3) with use of force, dangerous to life and health, or threat of its use;
4) with use of weapons or objects used as weapons;
5) in relation of two and more persons;
6) in order of removal of organs or tissues of injured person for
transplantation
or other use;
7) by false pretenses or abuse of trust;
8) by person with the use of his (her) official position;
9) in order of involvement of a minor in commission of crimes or other
antisocial
actions;
10) with the use of material or other dependence of injured person;
11) in relation of minor, certainly for guilty person being in the state of
pregnancy;
12) in relation of a minor, certainly for guilty person suffered from mental
disease or being in the helpless state;
13) with suppression, non-disclosure or destruction of documents, certifying
identity of injured person,-
shall be punished by imprisonment for the term of seven to ten years with
confiscation of property.
3. The actions, provided by first and second parts of this Article, committed in
order of export outside of the Republic of Kazakhstan, import in the Republic of
Kazakhstan or transportation of a minor through the territory of the Republic of
Kazakhstan from one foreign state to another, as well as export outside of the
Republic
of Kazakhstan, import in the Republic of Kazakhstan or transportation of minor
through
the territory of the Republic of Kazakhstan from one foreign state to another
state in
order of commission of such actions-
shall be punished by imprisonment for the term of ten to twelve years with
confiscation of property.
4. The actions, provided by first, second or third parts of this Article, if
they:
1) committed by criminal group;
2) resulted the death of injured person by negligence or other grievous
consequences, -
shall be punished by imprisonment for the term of twelve to fifteen years with
confiscation of property.
Article 136. Substitution of child
1. Intentional substitution of child –
shall be punished by the fine of up to two thousand monthly calculation indices
or
correctional works in the same amount, or restriction of liberty for the term of
up to
two years, or imprisonment for the same term.
2. The same action, committed for selfish or other bad motives, -
shall be punished by imprisonment for the term of three to seven years.
Article 137. Illegal activity on adoption
1. Illegal actions on adoption of child, transfer him (her) under trusteeship
(guardianship), foster parents-
shall be punished by the fine in the amount of up to three hundred monthly
calculation indices or correctional works in the same amount, or community
services for
the term of up to two hundred forty hours, or arrest for the term of up to
seventy five
days, with deprivation of the right to occupy determined positions or to engage
in a
determined activity for the term of up to three years or without it.
2. The same actions, committed for selfish motives or by civil servant with the
use of his (her) official position, -
shall be punished by the fine in the amount of up to two thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to two years, or imprisonment for the same term, with
deprivation of
the right to occupy determined positions or to engage in a determined activity
for the
term of up to three years or without it.
Article 138. Disclosure of secret of adoption
Disclosure of secret of adoption against will of adoptive person, committed by
person, obliged to keep the fact of adoption as an official or professional
secret, or
other person for selfish or other bad motives, -
shall be punished by the fine in the amount of up to two hundred monthly
calculation indices or correctional works in the same amount, or community
services for
the term of up to one hundred and eighty hours, or arrest for the term of up to
sixty
days, with deprivation of the right to occupy determined positions or to engage
in a
determined activity for the term of up to three years or without it.
Article 139. Non-performance of obligations on payment of child
maintenance, evasion of funds for maintenance of disabled
parents, disabled husband (wife)
Non-performance of obligations more than three months by parent on payment of
funds by decision of a court on the maintenance of minor children, as well as
disabled
children, reached the age of eighteen years, or evasion more than three months
of adult
employable person from payment of funds by decision of a court for maintenance
of his
(her) disabled parent, or evasion more than six months of employable person from
payment
of funds by decision of a court for maintenance of disabled and being in need of
material assistance of husband (wife) –
shall be punished by restriction of liberty for the term of up to two years or
imprisonment for the same term.
Article 140. Non-performance of obligations on upbringing
of a minor 1. Non-performance or improper performance of obligations without
good reasons on
upbringing of a minor by parent or other person, to whom these obligations are
imposed,
as well as by teacher or other employee of educational, fostering, medical or
other
institution, obliged to supervise the minor, the minor has entailed to use of
alcoholic
drinks, narcotic drugs, psychotropic substances, their analogues or vagrancy or
beggary
or commission by them the actions that contain the elements of crime,
intentional
criminal offense or intentional administrative infraction, -
shall be punished by the fine in the amount of up to two hundred monthly
calculation indices or correctional works in the same amount, or community
services for
the term of up to one hundred and eighty hours, or arrest for the term of up to
sixty
days.
2. Non-performance or improper performance of obligations without good reasons
on
upbringing of a minor by parent or other person, to whom these obligations are
imposed,
as well as by teacher or other employee of educational, fostering, medical or
other
institution, obliged to supervise the minor, connected with abusive treatment
with a
minor, -
shall be punished by the fine in the amount of up to three hundred monthly
calculation indices or correctional works in the same amount, or community
services for
the term of up to two hundred forty hours, or arrest for the term of up to
seventy five
days, with deprivation of the right to occupy determined positions or to engage
in a
determined activity for the term of up to three years or without it.
Article 141. Improper performance of obligations on ensuring
the safety of life and health of children
1. Improper performance of obligations on ensuring the safety of life and health
of minor by person, to whom such obligations are imposed on service, or person,
performing these obligations on special order or voluntary accepted such
obligations, if
it caused infliction of grievous or average gravity harm to health of minor by
negligence, -
shall be punished by the fine in the amount of two thousand monthly calculation
indices or correctional works in the same amount, or restriction of liberty for
the term
of up to two years, or imprisonment for the same term, with deprivation of the
right to
occupy determined positions or to engage in a determined activity for the term
of up to
three years or without it.
2. The same action, entailed the death of minor by negligence, -
shall be punished by restriction of liberty for the term of up to five years or
imprisonment for the same term, with deprivation of the right to occupy
determined
positions or to engage in a determined activity for the term of up to three
years or
without it.
Article 142. Abuse of rights of trustee or guardian
Use of trusteeship or guardianship for selfish or other ignoble purposes to the
detriment of a ward or intentional leaving the ward without supervision or
necessary
assistance, entailed substantial impairment of rights and legal interests of
ward, -
shall be punished by the fine in the amount of up to two thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to two years, or imprisonment for the same term.
Article 143. Illegal export of minor person outside of
the Republic of Kazakhstan
1. Illegal export of a minor person outside of the Republic of Kazakhstan-
shall be punished by the fine in the amount of up to two thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to two years, or imprisonment for the same term.
2. The same action, committed for selfish or other bad motives, or by group of
persons on previous concert, -
shall be punished by the fine in the amount of up to five thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to five years, or imprisonment for the same term, with
confiscation
of property or without it.
3. The actions, provided by first or second parts of this Article, committed by
criminal group, -
shall be punished by imprisonment for the term of three to seven years with
confiscation of property or without it.
Article 144. Involvement of minors in production of articles
with erotic content
Involvement of a minor in production of articles with erotic content, as well as
distribution, advertisement and sale of products with erotic content –
shall be punished by the fine in the amount of up to one hundred monthly
calculation indices or correctional works in the same amount, or community
services for
the term of up to one hundred twenty hours, or arrest for the term of up to
forty five
days.
Chapter 3. CRIMINAL INFRACTION AGAINST CONSTITUTIONAL AND
OTHER RIGHTS AND FREEDOMS OF PERSON AND CITIZEN
Article 145. Violation of the equality of person and citizen 1. Direct or
indirect restriction of rights and freedoms of person (citizen) on
grounds of origin, social, official or property status, sex, race, nationality,
language, attitude to religion, beliefs, place of residence, membership of
public
associations, or any other circumstances –
shall be punished by the fine in the amount of up to three hundred monthly
calculation indices of correctional works in the same amount, or community
services for
the term of up to two hundred forty hours, or arrest for the term of up to
seventy five
days.
2. The same action, committed by person with the use of his (her) official
position or the leader of the public association,-
shall be punished by the fine in the amount of up to five hundred monthly
calculation indices or correctional works in the same amount, or community
services for
the term of up to three hundred hours, or arrest for the term of up to ninety
days, with
deprivation of the right to occupy determined positions or to engage in a
determined
activity for the term of up to three years or without it.
Article 146. Torment
1. Intentional infliction of physical and (or) mental suffering, committed by
crime investigator, person, conducting an investigation, or other civil servant
or other
person with their incitement or with their consent or acquiescence, in order to
obtain
details or recognition from tortured or other person or punish him (her) for the
actions, which he (she) or another person is committed or in commission of which
they
are suspected, as well as intimidate or coerce him (her) or third person or by
any
reason, based on discrimination of any nature, -
shall be punished by the fine in the amount of up to five thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to five years or imprisonment for the same term, with
deprivation of
the right to occupy determined positions or to engage in a determined activity
for the
term of up to three years.
2. The same action, committed:
1) by group of person or group of person on previous concert;
2) repeatedly;
3) with infliction of average gravity harm to health;
4) in relation of woman, certainly for guilty person being in the state of
pregnancy, or the minor, -
shall be punished by imprisonment for the term of three to seven years with
deprivation of the right to occupy determined positions or to engage in a
determined
activity for the term of up to three years.
3. The same action, entailed infliction of grievous harm to health or the death
of injured person by negligence, -
shall be punished by imprisonment for the term of five to twelve years with
deprivation of the right to occupy determined positions or to engage in a
determined
activity for the term of up to three years.
Note. Physical and mental suffering, caused in the result of legal actions of
civil servants shall not be recognized as torture.
Article 147. Violation of integrity of private life and the
legislation of the Republic of Kazakhstan on personal data
and their protection
1. Illegal collection of details on private life of person, constituting his
(her) private or family secret, without his (her) consent or infliction of
substantial
harm to the rights and legal interests of person in the result of illegal
collection and
processing of other personal data, -
shall be punished by the fine in the amount of up to two thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to two years, or imprisonment for the same term.
2. Non-observance of measures on protection of personal data by person, to whom
an obligation of adoption such measures is imposed, if this action is caused
substantial
harm to the rights and legal interests of persons, -
shall be punished by the fine in the amount of up to three thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to three years, or imprisonment for the same term, with
deprivation
of the right to occupy determined positions or to engage in a determined
activity for
the term of up to three years or without it.
3. The actions, provided by first or second parts of this Article, committed by
persons with the use of his (her) official position or special technical means,
intendant for private obtaining of information, or by illegal access to
electronic
information resources, information system or illegal information capturing,
transferred
by information and communication network, or in order of deriving profits and
advantages
for himself (herself) or for other persons or organizations, as well as
dissemination of
details, specified in the first part of this Article, in public speaking,
publicly
performed work, in mass media or with the use of information and communication
networks,
-
shall be punished by imprisonment for the term of up to five years with
deprivation of the right to occupy determined positions or to engage in a
determined
activity for the term of two to five years of without it.
Article 148. Illegal violation of privacy of letters, telephone
conversations, postal, telegraphic or other messages
1. Illegal violation of privacy of letters, telephone conversations, postal,
telegraphic or other messages of individuals –
shall be punished by the fine in the amount of up to two thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to two years, or imprisonment for the same term.
2. The same action, committed by person with the use of his (her) official
position or special technical means, intendant for private obtaining of
information, or
by illegal access to electronic information resources, information system or
illegal
information capturing, transferred by information and communication network,-
shall be punished by imprisonment for the term of up to five years with
deprivation of the right to occupy determined positions or to engage in a
determined
activity for the term of two to five years.
Article 149. violation of inviolability of housing
1. Illegal entry into a dwelling against the will of the person living in it –
shall be punished by the fine in the amount of up to three hundred monthly
calculation indices or correctional works in the same amount, or community
services for
the term of up to two hundred forty hours, or arrest for the term of up to
seventy five
days.
2. The same action, committed with use of force or with threat of its use or
group
of persons, or at night time or accompanied by illegal search, as well as
illegal
eviction from dwelling –
shall be punished by the fine in the amount of up to two thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to two years, or imprisonment for the same term.
3. The actions, provided by first or second parts of this Article, committed by
person with the use of his (her) official position, -
shall be punished by the fine in the amount of up to three thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to three years, or imprisonment for the same term, with
deprivation
of the right to occupy determined positions or to engage in a determined
activity for
the term of up to five years.
Article 150. Interfering with implementation of election rights
or the work of election commissions
1. Interfering with free implantation by citizen of his (her) election rights or
a
right to participate in referendum, as well as illegal interference in the work
of
election commissions or commissions on conducting of referendum and interfering
with the
voting, performance of obligations, linked with registration of candidate, party
lists,
result of the voting and determine the results of voting at an election or
referendum –
shall be punished by the fine in the amount of up to one hundred monthly
calculation indices or correctional works in the same amount, or community
services for
the term of up to one hundred twenty hours.
2. The same actions:
1) connected with bribery, false pretence, use of force or threat of its use;
2) committed by person with the use of his (her) official or service position;
3) committed by group of persons on previous concert or criminal group;
4) committed by violation of established procedure of functioning of electronic
election system, -
shall be punished by the fine in the amount of up to four thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to four years, or imprisonment for the same term.
Article 151. Falsification of election documents, documents of
referendum or incorrect counting of votes 1. Falsification of election documents
or documents of referendum, making blank
records in the ballot papers or signature lists, certainly incorrect counting of
votes
or certainly incorrect establishment of election results or results of
referendum, or
violation of secret voting, if these actions are committed by agent of a
candidate for
the President of the Republic of Kazakhstan or agent of a candidate for deputy,
as well
as member of the election commission or the commission on conducting of
referendum, -
shall be punished by the fine in the amount of up to four thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to four years, or imprisonment for the same term, with
deprivation of
the right to occupy determined positions or to engage in a determined activity
for the
term of up to three years or without it.
2. The same actions, committed by violation of established procedure of
functioning of electronic election system, -
shall be punished by imprisonment for the term of up to seven years.
Article 152. Violation of the labor legislation of
the Republic of Kazakhstan 1. Illegal termination of labor agreement with
employee or non-performance of
decision of court on reinstatement in work, as well as other violation of the
labor
legislation of the Republic of Kazakhstan, entailed infliction of substantial
harm to
the rights and legal interests of the citizen, -
shall be punished by community services for the term of up to two hundred forty
hours or arrest for the term of up to seventy five days, with deprivation of the
right
to occupy determined positions or to engage in a determined activity for the
term of up
to one years or without it.
2. Unwarranted refusal in conclusion of labor agreement with woman or
unwarranted
termination with her a labor agreement on grounds of her pregnancy, or
unwarranted
refusal in conclusion of labor agreement, or unwarranted termination of labor
agreement
with woman with children up to three years, on these grounds, as well as
unwarranted
refusal in conclusion of labor agreement or unwarranted termination of labor
agreement
with disabled person on the grounds of disability or the minor on grounds of his
(her)
minority –
shall be punished by the fine in the amount of up to five hundred monthly
calculation indices or correctional works in the same amount, or community
services for
the term of up to three hundred hours, or arrest for the term of up to ninety
days, with
deprivation of the right to occupy determined positions or to engage in a
determined
activity for the term of up to one years or without it.
3. Repeated delay of payment of salary in full volume and in the established
terms in connection with use of money for other purposes by person, exercising
management functions –
shall be punished by the fine in the amount of up to five hundred monthly
calculation indices or correctional works in the same amount, or community
services for
the term of up to three hundred hours, or arrest for the term of up to ninety
days, with
deprivation of the right to occupy determined positions or to engage in a
determined
activity for the term of up to three years or without it.
Article 153. Violation of labor legislation of
the Republic of Kazakhstan in relation of minor
1. Violation of labor legislation of the republic of Kazakhstan by employee or
civil servant in terms of involvement of the minors to works, on which
application of
labor of employees, not reached the age of eighteen is prohibited, -
shall be punished by the fine in the amount of up to two thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to two years, or imprisonment for the same term, with
deprivation of
the right to occupy determined positions or to engage in a determined activity
for the
term of up to three years.
2. The same action, committed:
1)by group of persons on previous concert;
2) repeatedly;
3) in relation of two or more persons;
4) by false pretenses or abuse of trust;
5) in relation of a minor, certainly for guilty person suffered from mental
disease or being in the helpless state, -
shall be punished by the fine in the amount of up to five thousand monthly
calculation indices of correctional works in the same amount, or restriction of
liberty
for the term of two to five years, or imprisonment for the same term, with
deprivation
of the right to occupy determined positions or to engage in a determined
activity for
the term of up to three years.
Article 154. Interfering with legal activity of employee
representatives
Interfering with legal activity of employee representatives by civil servant
with
the use of his (her) official position, as well as interfering with their legal
activity, committed by civil servant with the use of his (her) official
position,
entailed substantial violation of their rights and legal interests, -
shall be punished by the fine in the amount of up to three hundred monthly
calculation indices or correctional works in the same amount, or community
services for
the term of up to two hundred forty hours, or arrest for the term of up to
seventy five
days, with deprivation of the right to occupy determined positions or to engage
in a
determined activity for the term of up to three years.
Article 155. Interfering with organization, holding of meeting,
political meeting, demonstration, procession, picketing or
participation in them 1. Illegal interfering with organization, holding of
meeting, political meeting,
demonstration, procession, picketing, other legal public event or participation
in them
or coercion to participation in them –
shall be punished by the fine in the amount of up to two hundred monthly
calculation indices or correctional works in the same amount, or community
services for
the term of up to one hundred and eighty hours, or arrest for the term of up to
sixty
days.
2. The same action, committed by civil servant with the use of his (her)
official
position or with use of force or the threat of its use, -
shall be punished by the fine in the amount of up to three thousand monthly
calculation indices or correctional works in te same amount, or restriction of
liberty
for the term of up to three years, or imprisonment for the same term, with
deprivation
of the right to occupy determined positions or to engage in a determined
activity for
the term of up to three years or without it.
Article 156. Violation of labour protection rules
1. Violation of rules of safety regulations, industrial sanitary or other rules
of labor protection, committed by person, to whom the obligations on
organization or
enforcement of these rules, entailed infliction of average gravity harm to
health by
negligence are lied, -
shall be punished by the fine in the amount of up to two hundred monthly
calculation indices or correctional works in the same amount, or community
services for
the term of up to one hundred and eighty hours, or arrest for the term of up to
sixty
days.
2. The same action, entailed infliction of grievous harm to health by
negligence,
-
shall be punished by the fine in the amount of up to three hundred monthly
calculation indices or correctional works in the same amount, or community
services for
the term of up to two hundred forty hours, with deprivation of the right to
occupy
determined positions or to engage in a determined activity for the term of up to
three
years.
3. The actions, provided by first part of this Article, entailed the death of
person by negligence, -
shall be punished by restriction of liberty for the term of up to five years or
imprisonment for the same term, with deprivation of the right to occupy
determined
positions or to engage in a determined activity for the term of up to three
years or
without it.
4. The actions, provided by first part of this Article, entailed the death of
two
or more persons by negligence, -
shall be punished by restriction of liberty for the term of up to seven years or
imprisonment for the same term, with deprivation of the right to occupy
determined
positions or to engage in a determined activity for the term of up to three
years or
without it.
Article 157. Coercion to participation in a strike or refuse of
participation in a strike 1. Coercion to participation in a strike or to refuse
to participate in a legal
strike –
shall be punished by the fine in the amount of up to three thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to three years, or imprisonment for the same term.
2. The same action, committed by person with the use of his (her) official
position or by use of force or threat of use of force,-
shall be punished by the fine in the amount of up to six thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to six years, or imprisonment for the same term, with
deprivation of
the right to occupy determined positions or to engage in a determined activity
for the
term of up to three years.
Article 158. Interfering with legal professional activity
of journalist
1. Interfering with legal professional activity of journalist by coercion him
(her) to dissemination or refuse to dissemination of information, as well as by
creating
conditions, preventing to execution by the journalist of the legal professional
activity
or deprives him (her) of such opportunity, -
shall be punished by the fine in the amount of up to one hundred monthly
calculation indices or correctional works in the same amount, or community
services for
the term of up to one hundred twenty hours, or arrest for the term of up to
forty five
days.
2. The same action, committed by person with the use of his (her) official
position, as well as with use of force or threat of its use in relation of
journalist or
his (her) relatives or with damaging or destruction of their property, -
shall be punished by the fine in the amount of up to two thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to two years, or imprisonment for the same term, with
deprivation of
the right to occupy determined positions or to engage in a determined activity
for the
term of up to three years or without it.
Article 159. Illegal restriction of a right to access to
information resources Illegal restriction of a right to access to information
resources –
shall be punished by the fine in the amount of up to one hundred monthly
calculation indices or correctional works in the same amount, or community
services for
the term of up to one hundred and twenty hours.
Chapter 4. CRIMES AGAINST PEACE AND HUMAN SECURITY
Article 160. Planning, preparation, unleashing or conduct
of aggressive war
1. Planning or preparation of aggressive war –
shall be punished by imprisonment for the term of ten to fifteen years.
2. Unleashing or conduct of aggressive war-
shall be punished by imprisonment for the term of fifteen to twenty years or
life
imprisonment, or death penalty.
Article 161. Propaganda or public call for unleashing
of aggressive war
1. Propaganda or public call for unleashing of aggressive war –
shall be punished by imprisonment for the term of up to five years.
2. The same action, committed with the use of mass media or information and
communication networks or by civil servant, holding responsible state position,-
shall be punished by imprisonment for the term of three to seven years with
deprivation of the right to occupy determined positions or to engage in a
determined
activity for the term of up to three years.
Article 162. Production, acquisition or sale of weapons
of mass destruction
Production, acquisition or sale of prohibited chemical, biological, nuclear, as
well as other type of weapon of mass destruction, prohibited by international
treaty of
the Republic of Kazakhstan –
shall be punished by imprisonment for the term of five to ten years.
Article 163. Application of prohibited means and methods
of conduct of war 1. Abusive treatment of war prisoners or civil population,
deportation of civil
population, destruction or plunder of national property in the occupied
territory,
application of means and methods, prohibited by international treaty of the
Republic of
Kazakhstan in the armed conflict, -
shall be punished by imprisonment for the term of ten to fifteen years.
2. Application of weapons of mass destruction, prohibited by international
treaty
of the Republic of Kazakhstan, -
shall be punished by imprisonment for the term of fifteen to twenty years or
life
imprisonment, or death penalty.
Article 164. Violation of Laws or customs of war
1. Coercion of persons, laid down arms or not having means of protection,
wounded, afflicted persons, shipwrecked, medical workers, sanitary and religious
personnel, war prisoners, civil population in the occupied territory or in the
area of
military operations, other persons, using international protection during
military
actions, to the service in the armed forces of enemy, or to resettlement or
deprivation
of their right to independent and unbiased court, or restriction of a right of
these
persons to protection in a criminal proceedings –
shall be punished by imprisonment for the term of three to seven years.
2. Murder of persons, listed in the first part of this Article, -
shall be punished by imprisonment for the term of fifteen to twenty years or
life
imprisonment, or death penalty.
Article 165. Criminal violations of standards of international
humanitarian law during armed conflicts
Violation of standards of international humanitarian law during armed conflicts,
consisting in change of non-defended locality and demilitarized zones in the
object of
attack or violation of armistice agreements, suspension of military actions or
local
agreements, concluded in order of export, exchange or transportation of wounded
and
dead, left on the battlefield or commission of attack against civil population
or
civilian objects, or moving the part of its own civilian population to the
occupied
territory, or unreasonable delay of repatriation of war prisoners and civilians,
- shall
be punished by imprisonment for the term of ten to fifteen years.
Article 166. Omission or giving of criminal order during
armed conflict 1. Intentional non-adoption of possible measures for prevention
of prepared or
restraint of criminal infractions and customs of war or standards of
international
humanitarian law, committed by subordinate, by chief or civil servant within his
(her)
powers during armed conflict –shall be punished by imprisonment for the term of
seven to
fifteen years.
2. Giving an order to subordinate by chief or civil servant during armed
conflict
to leave nobody alive or other certainly criminal orders or instructions,
directed to
commission of criminal infractions and customs of war or standards of
international
humanitarian law, -shall be punished by imprisonment for the term of ten to
twenty
years.
Article 167. Illegal use of signs, protected by
international treaties
Intentional use of emblems of the Red Cross, Red Crescent, Red Crystal or
security
signs for cultural values ??or other signs protected by international law or the
use of
the state flag or state differences of enemy, neutral state, the flag or sign of
international organization against international treaties during military
actions shall
be punished by imprisonment for the term of up to five years.
Article 168. Genocide
1. Genocide, in other words intentional actions, directed to complete or partial
destruction of national, ethnic, racial or religious group by killing of members
of this
group, infliction of grievous harm to their health, forcible prevention of
childbearing,
forcible transfer of children, forced resettlement or creation of other living
conditions, rated to physical destruction of members of this group, -
shall be punished by imprisonment for the term of fifteen to twenty years or
life
imprisonment.
2. The same actions, committed in wartime, - shall be punished by imprisonment
for
the term of fifteen to twenty years or life imprisonment, or death penalty.
Article 169. Ecocide
Mass destruction of vegetable or animal world, poisoning of the atmosphere, land
and water resources, as well as commission of other actions, caused or could
cause
ecological disaster or environmental emergency, - shall be punished by
imprisonment for
the term of ten to fifteen years.
Article 170. Mercenary activities
1. Enlistment, training, financing or other material support of mercenary, as
well as its use in the armed conflict, military actions or other violent acts,
directed
to overthrow or subversion of constitutional order or violation of territorial
integrity
of the state, -
shall be punished by imprisonment for the term of five to ten years with
confiscation of property or without it.
2. The same actions, committed by person with the use of his (her) official
position or in relation of a minor, -
shall be punished by imprisonment for the term of seven to fifteen years with
confiscation of property or without it.
3. Participation of mercenary in the armed conflict, military actions or other
violent acts, directed to overthrow or subversion of constitutional order or
violation
of territorial integrity of the state, -
shall be punished by imprisonment for the term of seven to ten years.
4. An action, provided by third part of this Article, entailed the death of
people or other grave consequences, -
shall be punished by imprisonment for the term of fifteen to twenty years or
life
imprisonment, or death penalty, with confiscation of property or without it.
Article 171. Developing the bases (camps) of training
of mercenaries
Developing a base (camp) certainly for training of mercenaries or provision of
premises or land plot certainly for the same purposes –
shall be punished by imprisonment for the term of five to ten years with
confiscation of property.
Article 172. Participation in the foreign armed conflicts
Intentional illegal participation of the citizen of the Republic of Kazakhstan
in
the armed conflict or military actions in the territory of foreign state upon
absence of
signs of mercenary activities –
shall be punished by imprisonment for the term of three to seven years.
Article 173. Attack against persons or organization, using
international protection 1. Attack against representative of the foreign state
or servant of
international organization, using international protection, or members of his
(her)
family living jointly with him (her), as well as official or residential
premises or
means of transport of persons, using international protection, as well as
kidnaping or
forcible imprisonment of these persons, as well as a threat of commission of
specified
actions –
shall be punished by imprisonment for the term of three to eight years.
2. The same actions, committed repeatedly or with the use of weapon or objects
used as weapon, or group of persons on previous concert or linked with
infliction of
grievous harm to health, as well as committed in order of provocation of war or
complications of international relations-
shall be punished by imprisonment for the term of ten to fifteen years with
confiscation of property or without it.
3. The actions, provided by first or second parts of this Article, entailed the
death of person by negligence of committed by criminal group, -
shall be punished by imprisonment for the term of fifteen to twenty years with
confiscation of property or without it.
Article 174. Institution of social, national, generic, racial,
class or religious discord
1. Intentional actions, directed to institution of social, national, generic,
racial, class or religious hatred, insult of the national honour and dignity or
religious feelings of citizens, as well as propaganda of exclusivity,
superiority or
inferiority of citizens on grounds of their relation to religion, class,
national,
generic or racial assignment, if these actions are committed publicly or with
the use of
mass media or information and communication networks, as well as by production
or
distribution of literature or other information media, promoting social,
national,
generic, racial, class or religious discord, -
shall be punished by restriction of liberty for the term of two to seven years
or
imprisonment for the same term.
2. The same actions, committed by group of persons, group of persons on previous
concert or repeatedly or connected with violence or threat of its use, as well
as
committed by person with the use of his (her) official position or leader of a
public
association, -
shall be punished by imprisonment for the term of five to ten years with
deprivation of the right to occupy determined positions or to engage in a
determined
activity for the term of up to three years or without it.
3. The actions, provided by first or second parts of this Article, committed by
criminal group or entailed the grave consequences, -
shall be punished by imprisonment for the term of twelve to twenty years with
deprivation of the right to occupy determined positions or to engage in a
determined
activity for the term of up to three years or without it.
Chapter 5. CRIMINAL INFRACTIONS AFAINST FOUNDATIONS OF
CONSTITUTIONAL ORDER AND SECURITY OF THE STATE Article 175. Treason 1. Treason,
in other words intentional actions of the citizen of the Republic of
Kazakhstan, consisting in adhering to the enemy during armed conflict, as well
as in
spying, betraying the state secret to the foreign state, international or
foreign
organization or their representatives, as well as in other assistance, rendering
to them
in carrying out of activity, directed against national interests of the Republic
of
Kazakhstan, -
shall be punished by imprisonment for the term of ten to fifteen years.
2. The same actions, committed in battle situation, -
shall be punished by imprisonment for the term of fifteen to twenty years or
life
imprisonment.
3. The actions, provided by first part, committed in wartime, -
shall be punished by imprisonment for the term of fifteen to twenty years or
life
imprisonment, or death penalty.
Note. A person, committed the crimes, provided by this Article, as well as
Articles 176 and 179 of this Code shall be released from criminal
responsibility, if he
(she) is assisted to prevention of occurrence of damage to the interests of the
Republic
of Kazakhstan by voluntary and timely message to the state bodies or otherways
and if
his (her) actions do not contain the components of another crime.
Article 176. Spying
Transfer, as well as collection, stealing or storage of details, constituting
the
state secrets, in order to transfer to the foreign state, international or
foreign
organization or their representatives, as well as transfer or collection of
other
details by order of foreign intelligence for use them against the national
interests of
the Republic of Kazakhstan, if these actions are committed by foreign citizen or
person
without citizenship, -
shall be punished by imprisonment for the term of ten to fifteen years.
Article 177. Infringement on life of the First President of the
Republic of Kazakhstan - Leader of the Nation Infringement on life of the First
President of the Republic of Kazakhstan - Leader
of the Nation, committed in order to interfering with his (her) legal activity
or out of
revenge for such activity, -
shall be punished by imprisonment for the term of fifteen to twenty years or
life
imprisonment, or the death penalty.
Article 178. Infringement on life of the President of the
Republic of Kazakhstan Infringement on life of the President of the Republic of
Kazakhstan, committed in
order of termination of his (her) state activity or out of revenge for such
activity,-
shall be punished by imprisonment for the term of fifteen to twenty years or
life
imprisonment, or the death penalty.
Article 179. Propaganda or public calls for seizure or
retention of power, as well as seizure or retention of power or
forcible change of constitutional order of
the Republic of Kazakhstan
1. Propaganda or public calls for forcible seizure of power or forcible
retention
of power in violation of Constitution of the Republic of Kazakhstan, subversion
of
security of the state or forcible change of the constitutional order of the
Republic of
Kazakhstan, as well as production, storage in order to distribution or
distribution of
materials of such content –
shall be punished by the fine in the amount of one thousand to five thousand
monthly calculation indices or restriction of liberty for the term of up to
seven years,
or imprisonment for the same term.
2. The same actions, committed by person with the use of his (her) official
position or leader of public association, or with use of mass media or
information and
communication networks, or group of persons on previous concert, -
shall be punished by imprisonment for the term of five to ten years.
3. The actions, directed to forcible seizure of power or forcible retention of
power in violation of the Constitution of the Republic of Kazakhstan or forcible
change
of constitutional order of the Republic of Kazakhstan, -
shall be punished by imprisonment for the term of ten to fifteen years.
4. Exercise of powers, being within the competence of the authorized bodies and
civil servants of the Republic of Kazakhstan by the representatives of foreign
state,
international or foreign organization, -
shall be punished by the fine in the amount of three to seven thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to seven years, or imprisonment for the same term.
Article 180. Separatist activities
1. Propaganda or public calls for violation of unitarity and integrity of the
Republic of Kazakhstan, inviolability and inalienability of its territory or
disintegration of the state, as well as production, storage in order to
distribution or
distribution of materials of such content –
shall be punished by the fine in the amount of one thousand to five thousand
monthly calculation indices or restriction of liberty for the term of up to
seven years,
or imprisonment for the same term.
2. The same actions, committed by person with the use of his (her) official
position or leader of public association, or with use of mass media or
information and
communication networks, or group of persons or group of persons on previous
concert, -
shall be punished by imprisonment for the term of five to ten years.
3. The actions, committed in order of violation of unitarity and integrity of
the
Republic of Kazakhstan, inviolability and inalienability of its territory or
disintegration of the state,-
shall be punished by imprisonment for the term of ten to fifteen years.
Article 181. Armed rebellion
1. Organization of armed rebellion in order to overthrow or change of
constitutional order or violation of unitarity and integrity of the Republic of
Kazakhstan, inviolability and inalienability of its territory, as well as
seizure or
retention of power –
shall be punished by imprisonment for the term of twelve to twenty years.
2. Participation in the armed rebellion –
shall be punished by imprisonment for the term of ten to fifteen years.
Article 182. Creation, management of extremist group or
participation in its activity 1. Creation of extremist group, as well as its
management –
shall be punished by imprisonment for the term of eight to fifteen years with
confiscation of property.
2. Participation in activity of extremist group or crimes, committed by it –
shall be punished by imprisonment for the term of six to twelve years with
confiscation of property.
3. The actions, provided by first or second parts of this Article, committed by
person with the use of his (her) official position or leader of public
association, -
shall be punished by imprisonment for the term of ten to fifteen years with
confiscation of property, with deprivation of the right to occupy determined
positions
or to engage in a determined activity for the term of up to five years.
Note. A person that terminated participation in activity of extremist group on a
voluntary basis shall be released from a criminal responsibility, if his (her)
actions
do not contain the components of another crime.
Article 183. Giving permission for publication the extremist
materials in the mass media
Giving permission for publication of details and materials, directed to
fomentation of national, generic, racial, social and religious enmity, promoting
class
exclusivity, war, containing the calls for forcible seizure of power, forcible
retention
of power, subversion of the security of the state or forcible change of the
constitutional order, as well as violation of the territorial integrity of the
Republic
of Kazakhstan, in print and other mass media,-
shall be punished by the fine of up to five hundred monthly calculation indices
or
correctional works in the same amount, or community services for the term of up
to three
hundred hours, or arrest for the term of up to ninety days, with deprivation of
the
right to occupy determined positions or to engage in a determined activity for
the term
of up to two years or without it.
Article 184. Sabotage
Commission of explosion, arson or other actions, directed to mass destruction of
people, infliction of harm to their health, destruction or damaging of
enterprises,
constructions, ways and means of communication, means of communication, objects
of life
support of people in order to subversion of security and defense capacity of the
Republic of Kazakhstan, as well as commission of mass poisoning or advance of
epidemics
and epizootics –
shall be punished by imprisonment for the term of fifteen to twenty years or
life
imprisonment, or death penalty, with confiscation of property or without it.
Article 185. Illegal collection, dissemination, disclosure
of the state secrets 1. Illegal collection of details, constituting the state
secrets, as well as
dissemination of illegally obtained details, constituting the state secrets, in
the
absence of the signs of the state treason or spying –
shall be punished by restriction of liberty for the term of up to five years or
imprisonment for the same term, with imprisonment for the same term, with
deprivation of
the right to occupy determined positions or to engage in a determined activity
for the
term of up to three years or without it.
2. Disclosure of details, constituting the state secrets, by person, to whom
they
were entrusted or became known in the service, at work, or by other grounds,
provided by
the Law of the Republic of Kazakhstan, in the absence of signs of the state
treason –
shall be punished by restriction of liberty for the term of up to five years or
imprisonment for the same term, with deprivation of the right to occupy
determined
positions or to engage in a determined activity for the term of up to three
years or
without it.
3. The actions, provided by first or second parts of this Article, if they are
entailed infliction of heavy damage or occurrence of other grave consequences, -
shall be punished by imprisonment for the term of five to eight years with
deprivation of the right to occupy determined positions or to engage in a
determined
activity for the term of up to three years.
Article 186. Loss of the carriers of details, containing
the state secrets 1. Loss of the carriers of details, containing the state
secrets by negligence,
by person, to whom they were entrusted in the service, at work or by other
grounds,
provided by the Law of the Republic of Kazakhstan, if the loss was the result of
violation of established rules of dealing with carriers of details, constituting
the
state secrets, -
shall be punished by the fine in the amount of up to five hundred monthly
calculation indices with deprivation of the right to occupy determined positions
or to
engage in a determined activity for the term of up to three years or without it.
2. The same action, entailed infliction of heavy damage or occurrence of other
grave consequences, -
shall be punished by the fine in the amount of up to four thousand monthly
calculation indices, or restriction of liberty for the term of up to four years,
or
imprisonment for the same term, with deprivation of the right to occupy
determined
positions or to engage in a determined activity for the term of up to three
years.
Chapter 6. CRIMINAL INFRACTION AGAINS PROPERTY
Article 187.Petty stealing 1. Petty stealing, in other words theft, fraud,
misappropriation or embezzlement
of other property, committed in the insignificant amount –
shall be punished by the fine in the amount of up to one hundred monthly
calculation indices or correctional works in the same amount, or community
services for
the term of up to one hundred twenty hours, or arrest for the term of up to
forty five
days.
2. Petty stealing, committed repeatedly, -
shall be punished by the fine in the amount of up to five hundred monthly
calculation indices or correctional works in the same amount, or community
services for
the term of up to three hundred hours, or arrest for the term of up to ninety
days.
Article 188. Theft
1. Theft, in other words covert theft of other property, -
shall be punished by the fine in the amount of one thousand monthly calculation
indices or correctional works in the same amount, or restriction of liberty for
the term
of up to three years, or imprisonment for the same term, with confiscation of
property
or without it.
2. Theft, committed:
1) by group of persons on previous concert;
2) repeatedly;
3) with illegal entering in the dwelling, official or industrial premise,
storage
building or means of transport;
4) by illegal access to the information system or change of information,
transferred through information and communication networks –
shall be punished by the fine in the amount of up to three thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to five years, or imprisonment for the same term, with
confiscation
of property.
3. Theft, committed on a large scale, -
shall be punished by imprisonment for the term of three to seven years with
confiscation of property.
4. Theft, committed:
1) criminal group;
2) from oil and gas pipeline;
3) on a special large scale, -
shall be punished by imprisonment for the term of five to ten years with
confiscation of property.
Article 189. Appropriation or embezzlement of entrusted
another's property
1. Appropriation or embezzlement, in other words theft of another’s property,
entrusted to guilty person, -
shall be punished by the fine in the amount of up to one thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to three years, or imprisonment for the same term, with
confiscation
of property or without it.
2. The same action, committed:
1) by group persons on previous concert;
2) repeatedly;
3) by person with the use of his (her) official position, -
shall be punished by the fine in the amount of up to three thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to four years, with imprisonment for the same term, with
confiscation
of property, with deprivation of the right to occupy determined positions or to
engage
in a determined activity for the term of up to three years or without it.
3. The actions, provided by first or second parts of this Article, if they are
committed:
1) on a large scale;
2) by person, authorized to perform other state functions, or person equated to
him (her), or civil servant, or person, holding responsible state position, if
they are
linked with the use of his (her) official position by them, -
shall be punished by imprisonment for the term of five to ten years with
confiscation of property, and in the cases, provided by paragraph 2), with
deprivation
of the right to occupy determined positions or to engage in a determined
activity for
life.
4. The actions, provided by first, second or third parts of this Article, if
they
are committed:
1) by criminal group;
2) on a special large scale, -
shall be punished by imprisonment for the term of seven to twelve years with
confiscation of property, with deprivation of the right to occupy determined
positions
or to engage in a determined activity for life or without it.
Article 190. Fraud 1. Fraud, in other words theft of another’s property or
acquisition of right to
another’s property by false pretenses or abuse of trust, -
shall be punished by the fine in the amount of up to one thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to two years, or imprisonment for the same term, with
confiscation of
property.
2. Fraud, committed:
1) by group of persons on previous concert;
2) repeatedly;
3) by person with the use of his (her) official position;
4) by false pretenses or abuse of trust, of the user of information system;
5) in the scope of the state purchases, -
shall be punished by the fine in the amount of up to four thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to four years, or imprisonment for the same term, with
confiscation
of property, with deprivation of the right to occupy determined positions or to
engage
in a determined activity for the term of up to three years or without it.
3. Fraud, committed:
1) on a large scale;
2) by person, authorized to perform the state functions, or person equated to
him
(her), or civil servant, or person, holding responsible state position, if they
are
linked with the use of his (her) official position by them;
3) in relation of two or more persons, -
shall be punished by imprisonment for the term of three to seven years with
confiscation of property, and in the cases, provided by paragraph 2), with
deprivation
of the right to occupy determined positions or to engage in a determined
activity for
life.
4. The actions, provided by first, second or third parts of this Article, if
they
are committed:
1) by criminal group;
2) on a special large scale, -
shall be punished by imprisonment for the term of five to ten years with
confiscation of property, with deprivation of the right to occupy determined
positions
or to engage in a determined activity for life or without it.
Article 191. Robbery 1. Robbery, in other words theft of another’s property, -
shall be punished by the fine in the amount of up to two thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to four years, or imprisonment for the same term, with
confiscation
of property or without it.
2. Robbery, committed:
1) with use of force, not dangerous to life or health of injured person, or with
the threat of use of such force;
2) repeatedly;
3) by group of persons on previous concert;
4) with illegal entering in the dwelling, official, industrial premise or
storage
building, -
shall be punished by restriction of liberty for the term of three to seven years
or imprisonment for the same term, with confiscation of property.
3. Robbery, committed on a large scale, -
shall be punished by imprisonment for the term of five to ten years with
confiscation of property.
4. The actions, provided by first, second or third parts of this Article, if
they
committed:
1) by criminal group;
2) on a special large scale, -
shall be punished by imprisonment for the term of seven to twelve years with
confiscation of property.
Article 192. Robbery with violence 1. Robbery with violence, in other words an
attack in order to theft of
another’s property, connected with violence, dangerous to life or health of
person, came
under attack, or with the threat of direct use of such force, -
shall be punished by imprisonment for the term of three to seven years with
confiscation of property.
2. Robbery with violence, committed:
1) by group of persons on previous concert;
2) repeatedly;
3) with illegal entering in the dwelling, official, industrial premise or
storage
building;
4) with use of weapons or objects used as weapons;
5) with infliction of grievous harm to health, -
shall be punished by imprisonment for the term of five to ten years with
confiscation of property.
3. Robbery with violence, committed:
1) with infliction of grievous harm to health, entailed the death of injured
person by negligence;
2) in order of theft of property on a large scale, -
shall be punished by imprisonment for the term of seven to twelve years with
confiscation of property.
4. The actions, provided by first, second or third parts of this Article, if
they
are committed:
1) by criminal group;
2) on a specially large scale, -
shall be punished by imprisonment for the term of ten to fifteen years with
confiscation of property.
Article 193. Theft of items, having special value 1. Theft of items or
documents, having special historical, scientific, artistic
or cultural value, independent from the method of theft –
shall be punished by imprisonment for the term of three to six years with
confiscation of property or without it.
2. The same action, committed:
1) by group of persons on previous concert;
2) repeatedly, -
shall be punished by imprisonment for the term of seven to ten years with
confiscation of property.
3. The same actions, provided by first or second parts of this Article, if they:
1) committed by criminal group;
2) entailed destruction or damage of items or documents, specified in a first
part of this Article, -
shall be punished by imprisonment for the term of ten to twelve years with
confiscation of property.
Article 194. Extortion 1. Extortion, in other words requirement of transfer of
another’s property or
right to property or commission of other actions of property nature under the
threat of
use of force or destruction or damage of another’s property, as well as under
the threat
of dissemination of details, dishonoring the injured person or his (her)
relatives, or
other details, disclosure of which may inflict substantial harm to the interests
of
injured person or his (her) relatives, -
shall be punished by the fine in the amount
of up to four thousand monthly calculation indices or correctional works in the
same amount, or restriction of liberty for the term of up to four years, or
imprisonment
for the same term, with confiscation of property or without it.
2. Extortion, committed:
1) with use of force;
2) by group of persons on previous concert;
3) repeatedly, -
shall be punished by restriction of liberty for the term of three to seven years
or imprisonment for the same term, with confiscation of property.
3. Extortion, committed:
1) with infliction of grievous harm to health of injured person;
2) in order of acquisition of property on a large scale, -
shall be punished by imprisonment for the term of five to ten years with
confiscation of property.
4. The actions, provided by first, second or third parts of this Article, if
they
are committed:
1) by criminal group;
2) on a special large scale, -
shall be punished by imprisonment for the term of seven to fifteen years with
confiscation of property.
Article 195. Infliction of property damage by false pretenses
or abuse of trust
1. Infliction of property damage to the possessor or other owner of property by
false pretenses or abuse of trust in the absence of signs of theft-
shall be punished by the fine in the amount of up to three hundred monthly
calculation indices or correctional works in the same amount, or community
services for
the term of up to two hundred forty hours, or arrest for the term of up to
seventy five
days.
2. The same action, committed repeatedly, -
shall be punished by the fine in the amount of up to five hundred monthly
calculation indices or correctional works in the same amount, or community
services for
the term of up to three hundred hours, or arrest for the term of up to ninety
days.
3. The actions, provided by first or second parts of this Article, committed:
1) by group of persons on previous concert;
2) by person with the use of his (her) official position;
3) by illegal access to the information system or change of information,
transferred through information and communication networks –
shall be punished by the fine in the amount of up to two thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to two years, or imprisonment for the same term, with
deprivation of
the right to occupy determined positions or to engage in a determined activity
for the
term of up to three years or without it.
4. The actions, provided by first, second or third parts of this Article, if
they:
1) committed by criminal group;
2) inflicted heavy damage,-
shall be punished by imprisonment for the term of up to five years with
confiscation of property or without it, with deprivation of the right to occupy
determined positions or to engage in a determined activity for the term of up to
three
years or without it.
Article 196. Acquisition or sale of property, certainly
obtained by illegal means 1. Previously not promised acquisition or sale of
property, certainly obtained
by illegal means, -
shall be punished by the fine in the amount of up to three hundred monthly
calculation indices or correctional works in the same amount, or community
service for
the term of up to two hundred forty hours, or arrest for the term of up to
seventy five
hours.
2. The same actions, committed repeatedly, -
shall be punished by the fine in the amount of up to fifty hundred monthly
calculation indices or correctional works in the same amount, or community
services for
the term of up to three hundred hours, or arrest for the term of up to ninety
days.
3. The actions, provided by first or second parts of this Article, committed:
1) in relation of vehicle, oil and oil products or other property on a large
scale;
2) by group of persons on previous concert;
3) in relation of monuments of
history, culture, as well as items, documents, having special historical,
scientific, artistic or cultural value, -
shall be punished by the fine in the amount of up to four thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to four years, or imprisonment for the same term, with
confiscation
of property or without it.
4. The actions, provided by first, second or third parts of this Article,
committed by criminal group or person with the use of his (her) official
position, -
shall be punished by imprisonment for the term of up to five years with
confiscation of property or without it, with deprivation of the right to occupy
determined positions or to engage in a determined activity for the term of up to
three
years or without it.
Article 197. Transportation, acquisition, realization, storage
of oil and oil products, as well as oil refining without
documents, confirming legality of their origin 1. Transportation, acquisition,
realization, storage of oil and oil products, as
well as oil refining without documents, confirming legality of their origin, -
shall be punished by the fine in the amount of up to three hundred monthly
calculation indices or correctional works in the same amount, or community
services for
the term of up to two hundred forty hours, or arrest for the term of up to
seventy five
days.
2. The same actions, committed repeatedly, -
shall be punished by the fine in the amount of up to five hundred monthly
calculation indices or correctional works in the same amount, or community
services for
the term of up to three hundred hours, or arrest for the term of up to ninety
days.
3. The actions, provided by first or second parts of this Article, committed on
a
large scale, -
shall be punished by the fine in the amount of up to three thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to three years, or imprisonment for the same term, with
confiscation
of property or without it.
4. The actions, provided by first, second or third parts of this Article,
committed:
1) by criminal group;
2) on a special large scale, -
shall be punished by imprisonment for the term of three to six years with
confiscation of property or without it.
Article 198. Infringement of copyright and (or) related rights
1. Illegal use of objects of copyright and (or) related rights, as well as
acquisition, storage, transfer or production of pirated copies of objects of
copyright
and (or) related rights in order of sale or appropriation of authorship or
compulsion to
co-authorship –
shall be punished by the fine in the amount of up to one hundred monthly
calculation indices or correction works in the same amount, or community
services for
the term of up to one hundred twenty hours.
2. The same actions, if they are committed by a significant amount or inflicted
significant damage or substantial harm to the rights or legal interests of
author or
other possessor of right, or committed repeatedly, -
shall be punished by the fine in the amount of up to three hundred monthly
calculation indices or correctional works in the same amount, or community
services for
the term of up to two hundred forty hours, or arrest for the term of up to
seventy five
days.
3. The actions, provided by second part of this Article, committed:
1) by group of persons on previous concert;
2) on a large scale or inflicted heavy damage;
3) by person with the use of his (her) official position, -
shall be punished by the fine in the amount of up to five thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to five years, or imprisonment for the same term, with
deprivation of
the right to occupy determined positions or to engage in a determined activity
for the
term of up to three years or without it.
4. The actions, provided by second or third parts of this Article, committed by
criminal group, -
shall be punished by imprisonment for the term of three to six years.
Article 199. Infringement of rights to invention, utility
models, industrial designs, selection achievements or
topologies of integrated microcircuits 1. Disclosure of details before official
publication without the consent of
author or applicant of nature of invention, utility model, industrial design,
selection
achievement or topology of integrated microcircuit, as well as appropriation of
authorship or compulsion to co-authorship or illegal use of invention, utility
model,
industrial design, selection achievement or topology of integrated microcircuit
–
shall be punished by the fine in the amount of up to one hundred monthly
calculation indices or correctional works in the same amount, or community
services for
the term of up to one hundred twenty hours.
2. The same actions, if they are
committed by a significant amount or inflicted significant damage or substantial
harm to the rights or legal interests of author or other possessor of right, or
committed repeatedly, -
shall be punished by the fine in the amount of up to three hundred monthly
calculation indices or correctional works in the same amount, or community
services for
the term of up to two hundred forty hours, or arrest for the term of up to
seventy five
days.
3. The actions, provided by second part of this Article, committed:
1) by group of persons on previous concert;
2) on a large scale or inflicted heavy damage;
3) by person with the use of his (her) official position, -
shall be punished by the fine in the amount of up to five thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to five years, or imprisonment for the same term, with
deprivation of
the right to occupy determined positions or to engage in a determined activity
for the
term of up to three years or without it.
4. The actions, provided by second or third parts of this Article, committed by
criminal group, -
shall be punished by imprisonment for the term of three to seven years.
Article 200. Illegal occupation of automobile or other means of
transport without intent of theft 1. Illegal occupation of automobile or other
means of transport without intent
of theft –
shall be punished by the fine in the amount of up to one thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to two years, or imprisonment for the same term.
2. The same action, committed:
1) by group of persons on previous concert;
2) repeatedly;
3) with use of force, not dangerous to life or health, or the threat of use of
such force,-
shall be punished by the fine in the amount of up to three thousand monthly
calculation indices or correctional woks in the same amount, or restriction of
liberty
for the term of up to five years, or imprisonment for the same term.
3. The actions, provided by first or second parts of this Article, committed by
criminal group or inflicted heavy damage, -
shall be punished by imprisonment for the term of five to eight years.
4. The actions, provided by first, second or third parts of this Article,
committed with use of force, dangerous to life or health, or with the threat of
use of
such force, -
shall be punished by imprisonment for the term of six to ten years.
Article 201. Violation of proprietary rights to land
1. Illegal entering into another’s land plot, entailed infliction of substantial
harm to the rights or interests of citizens or organizations, protected by the
Law or
interests of society or the state, protected by the Law, committed with use of
force or
the threat of its use or by group of persons or accompanied by illegal search,
as well
as illegal seizure of another’s land plot –
shall be punished by the fine in the amount of up to two thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to two years, or imprisonment for the same term.
2. The actions, provided by first part of this Article, committed by person with
the use of his (her) official position, -
shall be punished by the fine in the amount of up to three thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to three years, or imprisonment for the same term, with
deprivation
of the right to occupy determined positions or to engage in a determined
activity for
the term of up to three years.
Article 202. Intentional destruction or damaging of
another’s property 1. Intentional destruction or damaging of another’s property,
inflicted
significant damage, -
shall be punished by the fine in the amount of up to two thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to two years, or imprisonment for the same term.
2. The same action:
1) committed by arson, explosion or other dangerous way;
2) entailed infliction of grievous or average gravity harm to health by
negligence;
3) committed due to execution of official or social duty by injured person or in
relation of his (her) close relatives for the same reasons;
4) committed on grounds of social, national, racial or religious enmity;
5) inflicted heavy damage, -
shall be punished by the fine in the amount of three thousand to seven thousand
monthly calculation indices or correctional works in the same amount, or
restriction of
liberty for the term of three to seven years, or imprisonment for the same term.
3. The actions, provided by first or second parts of this Article, entailed:
1) the death of person by negligence;
2) infliction especially heavy damage, -
shall be punished by imprisonment for the term of five to ten years.
Article 203. Intentional destruction or damaging of items,
having special value
1. Intentional destruction or damaging of monuments of history, culture, natural
complexes or objects, taken under protection of the state, as well as items or
documents, having special historical, scientific, artistic or cultural value, -
shall be punished by imprisonment for the term of three to seven years.
2. The same action:
1) committed by arson, explosion or other dangerous way;
2) entailed infliction of grievous or average gravity harm to health by
negligence;
3) committed on grounds of social, national, racial or religious enmity, -
shall be punished by imprisonment for the term of five to ten years.
3. The actions, provided by first or second parts of this Article, entailed the
death of person by negligence, -
shall be punished by imprisonment for the term of seven to twelve years.
Article 204. Negligent destruction or damaging of
another’s property
1. Destruction or damaging of another’s property, committed by negligence,
inflicted heavy damage, -
shall be punished by the fine in the amount of up to one hundred monthly
calculation indices or correctional works in the same amount, or community
services for
the term of up to one hundred twenty hours, or arrest for the term of up to
forty five
days.
2. The same action, committed by careless handling of fire or other sources of
increased danger or entailed grave consequences or inflicted especially heavy
damage, -
shall be punished by the fine in the amount of up to two thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to two years, or imprisonment for the same term.
Chapter 7. CRIMINAL INFRACTION IN THE SCOPE OF
INFORMATIZATION AND COMMUNICATION
Article 205. Illegal access to information in the information
system or information and communication network
1. Intentional illegal access of information, protected by the Law, contained in
the electronic media, to the information system or information and communication
network, entailed substantial infringement of rights and legal interests of
citizens or
organizations or interests of society or the state, protected by the Law, -
shall be punished by the fine in the amount of up to three hundred monthly
calculation indices or correctional works in the same amount, or community
services for
the term of up to two hundred forty hours, or arrest for the term of up to
seventy five
days, with deprivation of the right to occupy determined positions or to engage
in a
determined activity for the term of up to two years or without it.
2. The same action, committed in relation of national electronic information
resources or national information system, -
shall be punished by the fine in the amount of up to five hundred monthly
calculation indices or correctional works in the same amount, or community
services for
the term of up to three hundred hours, or arrest for the term of up to ninety
days, with
deprivation of the right to occupy determined positions or to engage in a
determined
activity for the term of up to two years or without it.
3. The actions, provided by first or second parts of this Article, entailed
grave
consequences by negligence, -
shall be punished by the fine in the amount of up to two thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to two years, or imprisonment for the same term, with
deprivation of
the right to occupy determined positions or to engage in a determined activity
for the
term of up to three years or without it.
Article 206. Illegal destruction or modification of information 1. Intentional
illegal destruction or modification of information, protected by
the Law, stored on electronic media, contained in the information system or
transferred
through information and communication network, as well as entry into information
system
of misleading information, if it is entailed substantial infringement of rights
and
legal interests of citizens or organizations or interests of society or state,
protected
by the Law, -
shall be punished by the fine in the amount of up to five hundred monthly
calculation indices or correctional works in the same amount, or community
services for
the term of up to three hundred hours, or arrest for the term of up to ninety
days, with
deprivation of the right to occupy determined positions or to engage in a
determined
activity for the term of up to two years or without it.
2. The same actions, committed:
1) in relation of national electronic information resources or national
information system;
2) by group of persons on previous concert,-
shall be punished by the fine in the amount of up to two thousand monthly
calculation indices of correctional works in the same amount, or restriction of
liberty
for the term of up to two years, or imprisonment for the same term, with
deprivation of
the right to occupy determined positions or to engage in a determined activity
for the
term of up to three years or without it.
3. The actions, provided by first or second parts of this Article:
1) committed by criminal group;
2) entailed grievous consequences, -
shall be punished by imprisonment for the term of three to seven years with
deprivation of the right to occupy determined positions or to engage in a
determined
activity for the term of up to three years or without it.
Article 207. Disfunction of work of information system or
information and communication network
1. Intentional action (omission), directed to disfunction of work of information
system or information and communication network, -
shall be punished by the fine in the amount of up to two thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to two years, or imprisonment for the same term, with
deprivation of
the right to occupy determined positions or to engage in a determined activity
for the
term of up to two years or without it.
2. The same actions, committed:
1) in relation of national electronic information resources or national
information system;
2) by group of persons on previous concert,-
shall be punished by the fine in the amount of up to four thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to four years, or imprisonment for the same term, with
deprivation of
the right to occupy determined positions or to engage in a determined activity
for the
term of up to three years or without it.
3. The actions, provided by first or second parts of this Article:
1) committed by criminal group;
2) entailed grave consequences,-
shall be punished by imprisonment for the term of five to ten years with
deprivation of the right to occupy determined positions or to engage in a
determined
activity for the term of up to five years or without it.
Article 208. Misappropriation of information
1. Intentional illegal copying or other misappropriation of information,
protected by the Law, stored in the electronic media, contained in the
information
system or transferred through information and communication network, if it is
entailed
substantial infringement of rights and legal interests of citizens or
organizations or
interests of society or state, protected by the Law, -
shall be punished by the fine in the amount of up to two hundred monthly
calculation indices or correctional works in the same amount, or community
services for
the term of up to one hundred and eighty hours, or arrest for the term of up to
sixty
days, with deprivation of the right to occupy determined positions or to engage
in a
determined activity for the term of up to two years or without it.
2. The same action, committed:
1) in relation of national electronic information resources or national
information system;
2) by group of persons on previous concert,-
shall be punished by the fine in the amount of up to two thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to two years, or imprisonment for the same term, with
deprivation of
the right to occupy determined positions or to engage in a determined activity
for the
term of up to three years or without it.
3. The actions, provided by first or second parts of this Article:
1) committed by criminal group;
2) entailed grave consequences,-
shall be punished by imprisonment for the term of three to seven years with
deprivation of the right to occupy determined positions or to engage in a
determined
activity for the term of up to three years or without it.
Article 209. Coercion to transmission of information 1. Coercion to transmission
of information, protected by the Law, stored in the
electronic media, contained in the information system or transferred through
information
and communication network, under the threat of use of force or destruction or
damaging
of property, as well as under the threat of dissemination of details,
dishonoring the
injured person or his (her) relatives, or other details, disclosure of which may
inflict
substantial harm to the interests of injured person or his (her) relatives, -
shall be punished by the fine in the amount
of up to two thousand monthly calculation indices or correctional works in the
same amount, or restriction of liberty for the term of up to two years, or
imprisonment
for the same term, with deprivation of the right to occupy determined positions
or to
engage in a determined activity for the term of up to two years or without it.
2. The same action:
1) linked with use of physical abuse against the person or his (her) relatives;
2) committed by group of persons on previous concert;
3) committed in order of acquisition of information from national electronic
information resources or national information system, -
shall be punished by imprisonment for the term of three to seven years with
deprivation of the right to occupy determined positions or to engage in a
determined
activity for the term of up to three years or without it.
3. The actions, provided by first or second parts of this Article:
1) committed by criminal group;
2) entailed grave consequences,-
shall be punished by imprisonment for the term of five to ten years with
deprivation of the right to occupy determined positions or to engage in a
determined
activity for the term of up to five years or without it.
Article 210. Creation, use or distribution of malicious
computer programs and program products
1. Creation of computer game, program product or introduction of modifications
in
the existing program or program product in order or illegal destruction,
blocking,
modification, copying, use of information, stored in the electronic media,
contained in
the information system or transferred through information and communication
network,
disfunction of work of computer, subscriber device, computer game, information
system or
information and communication network, as well as intentional use and (or)
distribution
of such program or program product – shall be punished by the fine in the amount
of up
to three thousand monthly calculation indices or correctional works in the same
amount,
or restriction of liberty for the term of up to three years, or imprisonment for
the
same term, with deprivation of the right to occupy determined positions or to
engage in
a determined activity for the term of up to three years or without it.
2. The same actions, committed:
1) by group of persons on previous concert;
2) by person with use of his (her) official position;
3) in relation of national electronic information resources or national
information system, -
shall be punished by restriction of liberty for the term of three to seven years
or imprisonment for the same term, with deprivation of the right to occupy
determined
positions or to engage in a determined activity for the term of up to three
years or
without it.
3. The actions, provided by first or second parts of this Article:
1) committed by criminal group;
2) entailed grave consequences, -
shall be punished by imprisonment for the term of five to ten years with
deprivation of the right to occupy determined positions or to engage in a
determined
activity for the term of up to five years or without it.
Article 211. Illegal distribution of electronic information
resources of restricted access 1. Illegal distribution of electronic information
resources, containing personal
data of citizens or other details, an access of which is restricted by the Laws
of the
Republic of Kazakhstan or other possessor or owner, -
shall be punished by the fine in the amount of up to two hundred monthly
calculation indices or correctional works in the same amount, or community
services for
the term of up to one hundred and eighty hours, or arrest for the term of up to
sixty
days, with deprivation of the right to occupy determined positions or to engage
in a
determined activity for the term of up to three years or without it.
2. The same action, committed:
1) by group of persons on previous concert;
2) for selfish motives;
3) by person with use of his (her) official position, -
shall be punished by restriction of liberty for the term of up to five years or
imprisonment for the same term, with deprivation of the right to occupy
determined
positions or to engage in a determined activity for the term of up to three
years or
without it.
3. The actions, provided by first or second parts of this Article:
1) committed by criminal group;
2) entailed grave consequences, -
shall be punished by imprisonment for the term of three to seven years with
deprivation of the right to occupy determined positions or to engage in a
determined
activity for the term of up to five years or without it.
Article 212. Provision of services for allocation of internet
resources, pursuing illegal purposes
1. Certainly illegal rendering of services on provision of hardware and software
complexes, operating in open information and communication network, for
allocation of
internet resources, pursuing illegal purposes, -
shall be punished by the fine in the amount of up to two thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to two years, or imprisonment for the same term, with
deprivation of
the right to occupy determined positions or to engage in a determined activity
for the
term of up to two years.
2. The same action, committed by group of persons on previous concert or
criminal
group, -
shall be punished by imprisonment for the term of three to seven years with
deprivation of the right to occupy determined positions or to engage in a
determined
activity for the term of up to three years.
Article 213. Illegal change of identification code of
subscriber device of cell communication, subscriber
identification device, as well as creation, use, distribution
of programs for change of identification code of
subscriber device 1. Change of identification code of subscriber device of cell
communication,
creation of duplicate card of subscriber identification of cell communication,
if these
actions are committed without the consent of producer or legal owner, -
shall be punished by the fine in the amount of up to three hundred monthly
calculation indices or correctional works in the same amount, or community
services for
the term of up to two hundred forty hours, or arrest for the term of up to
seventy five
days.
2. Illegal creation, use, distribution of programs, allowing to change
identification code of subscriber device of cell communication or create
duplicate card
of subscriber identification of cell communication, -
shall be punished by the fine in the amount of up to two thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to two years, or imprisonment for the same term.
3. The actions, provided by first or second parts of this Article, committed by
criminal group, - shall be punished by imprisonment for the term of up to five
years.
Chapter 8. CRIMINAL INFRACTION IN THE SCOPE OF
ECONOMIC ACTIVITY
Article 214. Illegal enterprise, illegal banking activity 1. Carrying out
entrepreneurial or banking activity (banking operations) without
registration, as well as without compulsory license for that activity or with
violation
of legislation on permissions and notifications, as well as engagement
prohibited types
of entrepreneurial activity, if these actions are inflicted heavy damage to the
citizen,
organization or the state or linked with deriving of income on a large scale or
production, storage, transfer or sale of sub-excise goods in significant
amounts,-
shall be punished by the fine in the amount of up to two thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to two years, or imprisonment for the same term with
confiscation of
property or without it.
2. The same action:
1) committed by criminal group;
2) linked with deriving of income on a special large scale;
3) committed repeatedly, -
shall be punished by the fine in the amount of up to five thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to five years, or imprisonment for the same term with
confiscation of
property.
Article 215. Pseudo-entrepreneurship
1. Pseudo-entrepreneurship, in other words creation of subject of private
entrepreneurship or acquisition of shares (share of participation, stocks) of
other
legal entities, granting the right to determine their decision, without the
intention to
carry out entrepreneurial activity, in order of illegal obtaining of credits or
exemption from taxes or concealment of prohibited activity, or deriving of other
property profit, or in order to assistance to commission of such actions, as
well as
manage them, if these actions are inflicted heavy damage to the citizen,
organization or
the state, -
shall be punished in the amount of up to two thousand monthly calculation
indices
or correctional works in the same amount, or restriction of liberty for the term
of up
to two years, or imprisonment for the same term.
2. The same actions, committed:
1) repeatedly;
2) by group of persons on previous concert;
3) by person, authorized to perform the state functions, or person, civil
servant
or person, holding responsible state position, equated with him (her), if they
are
linked with use of his (her) official position by them;
4) with use of documents of other individual (legal entity) without his (her)
consent or forged documents, -
shall be punished by the fine in the amount of three to seven thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of three to seven years, or imprisonment for the same term, with
confiscation of property, and in the cases, provided by paragraph 3) with
deprivation of
the right to occupy determined positions or to engage in a determined activity
for life.
3. The actions, provided by first or second parts of this Article, committed by
criminal group or inflicted a special heavy damage, -
shall be punished by imprisonment for the term of seven to ten years with
confiscation of property, with deprivation of the right to occupy determined
positions
or to engage in a determined activity for life or without it.
Article 216. Commission of actions on invoicing without actual
performance of works, rendering of services, shipment of goods
1. Commission of actions on invoicing without actual performance of works,
rendering of services, shipment of goods by subject of private entrepreneurship
in order
to deriving of property profit, inflected heavy damage to the citizen,
organization or
the state, -
shall be punished by the fine in the amount of up to three thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to three years, or imprisonment for the same term.
2. An action, provided by first part of this Article, committed:
1) repeatedly;
2) by group of persons on previous concert;
3) in the amount of over than ten thousand monthly calculation indices;
4) by person, authorized to perform the state functions, or person, civil
servant
or person, holding responsible state position, equated with him (her), if they
are
linked with use of his (her) official position by them;
5) by use of pseudo-enterprise, -
shall be punished by the fine in the amount of three to seven thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of three to seven years, or imprisonment for the same term, with
confiscation of property, and in the cases, provided by paragraph 4) with
deprivation of
the right to occupy determined positions or to engage in a determined activity
for life.
3. The actions, provided by first or second parts of this Article, committed by
criminal group or inflicted a special heavy damage, -
shall be punished by imprisonment for the term of seven to ten years with
confiscation of property, with deprivation of the right to occupy determined
positions
or to engage in a determined activity for life or without it.
Article 217. Creation and management of financial
(investment) pyramid
1. Creation of financial (investment) pyramid, in other words organization of
activity on deriving of income (property profit) from attraction of money or
other
property or right to it of individuals and (or) legal entities without use of
attracted
funds to entrepreneurial activity, ensuring accepted obligations, by
redistribution of
these shares and enrichment of some participants at the expense of contributions
of
others, as well as management of financial (investment) pyramid or its
structural
subdivision –
shall be punished by the fine in the amount of one thousand to three thousand
monthly calculation indices or restriction of liberty for the term of up to
three years,
or imprisonment for the same term, with confiscation of property.
2. The same actions, committed:
1) by group of persons on previous concert;
2) repeatedly;
3) by person with use of his (her) official position;
4) with attraction of money or other property on a large scale, -
shall be punished by restriction of liberty for the term of three to seven years
or imprisonment for the same term, with confiscation of property, with
deprivation of
the right to occupy determined positions or to engage in a determined activity
for the
term of up to three years.
3. The actions, provided by first or second parts of this Article, committed:
1) by criminal group;
2) with attraction of money or other property on a special large scale;
3) be person, authorized to perform the state functions, or person, civil
servant
or person, holding responsible state position, equated with him (her), if they
are
linked with use of his (her) official position by them, -
shall be punished by imprisonment for the term of five to twelve years with
confiscation of property, with deprivation of the right to occupy determined
positions
or to engage in a determined activity for the term of up to seven years, and in
the
cases, provided by paragraph 3), with confiscation of property, with deprivation
of the
right to occupy determined positions or to engage in a determined activity for
life.
Note. A person, except for organizer of financial (investment) pyramid,
voluntary
declared on aiding the creation of financial (investment) pyramid or its
management or
management of its structural subdivision, as well as actively contributed to
disclosure
or suppression of its activity shall be released from criminal responsibility,
if his
(her) actions do not contain the components of another crime.
Article 218. Legalization (laundering) of money and (or) other
property, received by criminal way 1. Involvement of money and (or) other
property, received by criminal way, to
the legal cycle, by settlement of transactions in the form of conversion or
transfer of
property, representing the incomes from criminal and (or) administrative
infractions,
concealment or suppression of its true nature, source, location, disposition,
movement,
rights to property or its ownership, if it is known that such property
represents
incomes from criminal and (or) administrative infractions, as well as possession
and use
of this property or mediation in legalization of money and (or) other property,
received
by criminal way, if these actions are committed in significant amount, -
shall be punished by the fine in the amount of up to three thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to three years, or imprisonment for the same term, with
confiscation
of property.
2. The same actions, committed:
1) by group of persons on previous concert;
2) repeatedly;
3) by person with the use of his (her) official position, -
shall be punished by the fine in the amount of up to five thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to five years, or imprisonment for the same term, with
confiscation
of property.
3. The actions, provided by first or second parts of this Article, committed:
1) by person, authorized to perform the state functions, or person, civil
servant
or person, holding responsible state position, equated with him (her), if they
are
linked with use of his (her) official position by them;
2) by criminal group;
3) on the large scales, -
shall be punished by imprisonment for the term of three to seven years with
confiscation of property, and in the cases, provided by paragraph 1), with
deprivation
of the right to occupy determined positions or to engage in a determined
activity for
life.
Note. A person, voluntary declared on prepared or committed legalization of
money
and (or) property, received by criminal way shall be released from criminal
responsibility, if his (her) actions do not contain the components of crimes,
provided
by second or third parts of this Article or other crime.
Article 219. Illegal obtaining of credit or unauthorized
use of budget credit
1. Obtaining of credit, donations or credit conditions of exemption by
individual
entrepreneur or manager of an organization by presentation to the bank of
knowingly
false details on economic situation, financial situation or pledged property of
an
individual entrepreneur or organization, or on other consequences, having
substantial
significance for obtaining of credit, donations, credit conditions of exemption,
as well
as non-disclosure of information to the bank or other creditor on occurrence of
consequences that may entail termination of crediting, allocating investment
support,
repeal of benefits or restriction of amount of granted credit or donations, if
these
actions are inflicted a heavy damage, - shall be punished by the fine in the
amount of
up to two thousand monthly calculation indices or correctional works in the same
amount,
or restriction of liberty for the term of up to two years, or imprisonment for
the same
term.
2. Use of budget credit not for the purposive appointment, if these actions are
inflicted heavy damage to the citizen, organization or the state, -
shall be punished by the fine in the amount of up to two thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to two years, or imprisonment for the same term.
Article 220. Unauthorized use of money, received from
placement of bonds
Making decisions, entailed violation of conditions and order of use of money,
received from placement of bonds, established by prospectus of issue of bonds of
this
issuer, by the bodies of the issuer (civil servants of the issuer), not being
financial
organization, - shall be punished by the fine in the amount of up to two
thousand
monthly calculation indices or correctional works in the same amount, or
restriction of
liberty for the term of up to two years, or imprisonment for the same term, with
deprivation of the right to occupy determined positions or to engage in a
determined
activity for the term of up to five years or without it.
Article 221. Monopolistic activity
1. Establishment and (or) support of monopoly high (low) or agreed prices by
market entities, establishment of restrictions on resale of acquired goods
(works,
services) from market entity, occupying a dominant or monopolistic position, on
territorial basis, group of buyers, purchase conditions, quality or price,
division of
goods markets on territorial basis, assortment of goods (works, services),
volume of its
sale or acquirement, on group of sellers or buyers, as well as other actions,
directed
to restriction of competition, if they are inflicted heavy damage to the
citizen,
organization or the state or linked with deriving of income on a large amount by
the
market entity, - shall be punished by the fine in the amount of up to one
thousand
monthly calculation indices or correctional works in the same amount, or
restriction of
liberty for the term of up to one year, or imprisonment for the same term.
2. The same actions, committed repeatedly by group of persons on previous
concert,
or person with the use of his (her) official position, - shall be punished by
the fine
in the amount of up to three thousand monthly calculation indices or
correctional works
in the same amount, or restriction of liberty for the term of up to three years,
or
imprisonment for the same term, with confiscation of property or without it,
with
deprivation of the right to occupy determined positions or to engage in a
determined
activity for the term of up to three years or without it.
3. The actions, provided by first and second parts of this Article, committed:
1) be criminal group;
2) with the use of force or threat of its use, as well as with destruction or
damaging of another’s property or with the threat of its destruction or damaging
in the
absence of signs of extortion, -
shall be punished by imprisonment for the term of three to six years with
confiscation of property or without it.
Article 222. Illegal use of trademark 1. Illegal use of another’s trademark,
service mark, firm name, name of the
place of origin of good or notations similar with them, for similar goods or
services,
if this action is committed repeatedly or inflicted heavy damage, -
shall be punished by the fine in the amount of up to three hundred monthly
calculation indices or correctional works in the same amount, or community
services for
the term of up to two hundred forty hours, or arrest for the term of up to
seventy five
days.
2. Illegal use of warning marking in relation of trademark or name of the place
of origin of good, not registered in the Republic of Kazakhstan, if this action
is
committed repeatedly or inflicted a heavy damage, -
shall be punished by the fine in the amount of up to two hundred monthly
calculation indices or correctional works in the same amount, or community
services for
the term of up to one hundred and eighty hours, or arrest for the term of up to
sixty
days.
Article 223. Illegal acquisition and disclosure of details,
constituting commercial or banking secrecy
1. Collection of details, constituting commercial or banking secrecy, by
stealing
documents, bribery or threat in relation of persons, having commercial or
banking
secrecy, or their relatives, interception in the means of communication, illegal
penetration into a computer system or network, use of special technical means,
as well
as by other illegal methods in order to disclosure or illegal use of these
details –
shall be punished by the fine in the amount of up to two thousand monthly
calculation
indices or correctional works in the same amount, or restriction of liberty for
the term
of up to two years, or imprisonment for the same term.
2. Illegal disclosure or use of details, constituting commercial or banking
secrecy, without the consent of their owner by person, to whom they were
entrusted on
service or work, committed for selfish or other private interest and inflicted
heavy
damage, - shall be punished by the fine in the amount of up to three thousand
monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to three years, or imprisonment for the same term.
3. Illegal disclosure or other illegal use of details and information by civil
servants of the state bodies, on transactions with money and (or) other
property,
received form the subject of financial monitoring, if it is entailed substantial
infringement of rights and legal interests of citizens or organizations or
interests of
society or the state, protected by the Law, -
shall be punished by the fine in the amount of up to two thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to two years, or imprisonment for the same term, with
deprivation of
the right to occupy determined positions or to engage in a determined activity
for the
term of up to three years.
Article 224. Violation of procedure of issuance of
equity securities Adding knowingly false details in the prospectus of issuance
of equity securities,
as well as preparation of knowingly false report on results of placement of
equity
securities, if these actions are inflicted a heavy damage, -
shall be punished by the fine in the amount of up to one thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to three years, or imprisonment for the same term.
Article 225. Non-provision of information or presentation
of knowingly false details by civil servant of issuer
of securities
Non-provision of information or presentation of knowingly false details to the
state bodies and security holders by the civil servants of the issuer of
securities in
order to deriving of property profit, inflicted a heavy damage to the security
holders
or the issuer, -
shall be punished by the fine in the amount of up to five hundred monthly
calculation indices or correctional works in the same amount, or community
services for
the term of up to three hundred hours, or arrest for the term of up to ninety
days, with
deprivation of the right to occupy determined positions or to engage in a
determined
activity for the term of up to three years or without it.
Article 226. Adding of knowingly false details in the register
of security holders
1. Adding knowingly false details in the register of security holders entailed
the transfer of rights to these securities to other person, –
shall be punished by the fine in the amount of up to five hundred monthly
calculation indices or correctional works in the same amount, or community
services for
the term of up to three hundred hours, or arrest for the term of up to ninety
days, with
deprivation of the right to occupy determined positions or to engage in a
determined
activity for the term of up to three years.
2. The same action, inflicted a heavy damage,-
shall be punished by the fine in the amount of up to two thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to two years, or imprisonment for the same term, with
deprivation of
the right to occupy determined positions or to engage in a determined activity
for the
term of up to three years.
Article 227. Presentation of knowingly false details by
professional participants of market securities
Presentation of knowingly false details on quantity and types of securities,
being
in the personal accounts of security holders, and on securities transactions in
order to
deriving the property profit, inflicted a heavy damage, by professional
participants of
securities market to the state bodies and securities holders, -
shall be punished by the fine in the amount of up to five hundred monthly
calculation indices or correctional works in the same amount, or community
services for
the term of up to three hundred hours, or arrest for the term of up to ninety
days, with
deprivation of the right to occupy determined positions or to engage in a
determined
activity for the term of up to three years or without it.
Article 228. Violation of rules of conducting of
securities transactions
1. Violation of rules of conducting of securities transactions, inflicted a
heavy damage, -
shall be punished by the fine in the amount of up to five hundred monthly
calculation indices or correctional works in the same amount, or community
services for
the term of up to three hundred hours, or arrest for the term of up to ninety
days, with
deprivation of the right to occupy determined positions or to engage in a
determined
activity for the term of up to three years or without it.
2. The same action, committed repeatedly or by group of persons on previous
concert,- shall be punished by the fine in the amount of up to three thousand
monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to three years, or imprisonment for the same term, with
deprivation
of the right to occupy determined positions or to engage in a determined
activity for
the term of up to three years or without it.
3. The actions, provided by first or second parts of this Article, committed by
criminal group, - shall be punished by imprisonment for the term of up to five
years.
Article 229. Manipulation on the securities market
1. Manipulation on the securities market, in other words the actions of the
market entities of securities, directed to establishment and (or) support of
securities
prices higher or lower than those that were established as a result of objective
correlations of supply and demand or to creation the appearance of securities
trading,
if these actions are inflicted a heavy damage to the citizen, organization or
the state,
-
shall be punished by the fine in the amount of up to five hundred monthly
calculation indices or correctional works in the same amount, or community
services for
the term of up to three hundred hours, or arrest for the term of up to ninety
days, with
deprivation of the right to occupy determined positions or to engage in a
determined
activity for the term of up to three years or without it.
2. The same action:
1) committed repeatedly;
2) inflicted a special heavy damage;
3) committed by group of persons on previous concert, -
shall be punished by the fine in the amount of up to three thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to three years, or imprisonment for the same term, with
confiscation
of property or without it, with deprivation of the right to occupy determined
positions
or to engage in a determined activity for the term of up to three years or
without it.
3. The actions, provided by first or second parts of this Article, committed by
criminal group, - shall be punished by imprisonment for the term of up to five
years
with confiscation of property.
Article 230. Illegal actions in relation of insider information
1. Intentional use of insider information upon settlement of transaction
(transactions) with securities (derivative financial instruments) or intentional
illegal
transfer of insider information to the third parties or intentional illegal
provision of
access to insider information to the third parts, as well as intentional
provision of
recommendations on settlement of transaction (transactions) with securities
(derivative
financial instruments), based on the insider information, to the third persons,
if these
actions are inflicted a heavy damage to the citizen, organization or the state,
- shall
be punished by the fine in the amount of up to five hundred monthly calculation
indices
or correctional works in the same amount, or community services for the term of
up to
three hours, or arrest for the term of up to ninety days, with deprivation of
the right
to occupy determined positions or to engage in a determined activity for the
term of up
to three years or without it.
2. The same actions:
1) committed by group of persons on previous concert;
2) inflicted a special heavy damage;
3) committed by person with the use of his (her) official position, - shall be
punished by the fine in the amount of up to three thousand monthly calculation
indices
or correctional works in the same amount, or restriction of liberty for the term
of up
to three years, or imprisonment for the same term, with confiscation of property
or
without it, with deprivation of the right to occupy determined positions or to
engage in
a determined activity for the term of up to three years or without it.
3. The actions, provided by first or second parts of this Article, committed by
criminal group, - shall be punished by imprisonment for the term of up to five
years
with confiscation of property.
Article 231. Production, storage, transportation, or sale of
counterfeit money or securities
1. Production or storage in order to sale, sale of counterfeit bank notes and
coins of National Bank of the Republic of Kazakhstan, state securities or other
securities in currency of the Republic of Kazakhstan or foreign currency-
shall be punished by imprisonment for the term of up to five years with
confiscation of property or without it.
2. The same actions, committed:
1) by group of persons on previous concert;
2) repeatedly;
3) on a large scale;
4) with transfer through the State boundary of the Republic of Kazakhstan, -
shall be punished by imprisonment for the term of five to ten years with
confiscation of property.
3. The actions, provided by first or second parts of this Article, committed by
criminal group, -
shall be punished by imprisonment for the term of eight to twelve years with
confiscation of property.
Article 232. Production or sale of counterfeit charge cards and
other payment or calculation documents 1. Production in order to sale or sale of
counterfeit charge cards, as well as
other payment or calculation documents, not being securities, -
shall be punished by imprisonment for the term of up to three years with
confiscation of property.
2. The same acts, committed repeatedly or criminal group, -
shall be punished by imprisonment for the term of four to seven years with
confiscation of property.
Article 233. Violation of procedure and rules of marking of
sub-excise goods by excise marks and (or) accounting and
control marks, counterfeit and use of excise mark and (or)
accounting and control marks 1. Violation of procedure and rules of marking of
sub-excise goods by excise
marks and (or) accounting and control marks, entailed infliction of significant
damage,
-
shall be punished by the fine in the amount of up to two thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to two years, or imprisonment for the same term, with
confiscation of
property or without it, with deprivation of the right to occupy determined posts
or to
engage in a determined activity for the term of up to three years or without it.
2. Production or acquisition in order of sale, as well as use or sale of
certainly counterfeit excise mark and (or) accounting and control marks -
shall be punished by the fine in the amount of up to three thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to three years, or imprisonment for the same term, with
confiscation
of property or without it, with
deprivation of the right to occupy determined positions or to engage in a
determined activity for the term of up to three years or without it.
Article 234. Economic smuggling
1. Transfer of goods or other items across the customs border of Custom union on
a
large scale, as well as goods, things and values, prohibited or restricted to
movement
across the customs border, in relation of which the special rules of movement
across the
customs border are established, except for the specified in Article 286 of this
Code,
committed besides or with concealment from customs control or fraudulent use of
documents or means of customs identification, or linked with undeclared or
unreliable
declaration, - shall be punished by the fine in the amount of up to five hundred
monthly
calculation indices or correctional works in the same amount, or community
services for
the term of up to three hundred hours, or arrest for the term of up to ninety
days, with
confiscation of property.
2. The same acts, committed:
1) repeatedly;
2) by person with use of his (her) official position;
3) with use of force to the person, carrying out border or customs control;
4) on a special large scale;
5) by group on previous concert, -
shall be punished by the fine in the amount of up to three thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to three years, or imprisonment for the same term, with
confiscation
of property.
3. The actions, provided by first or second parts of this Article, committed:
1) by person, authorized to perform the state functions, or person, civil
servant
or person, holding responsible state position, equated with him (her), if they
are
linked with use of his (her) official position by them;
2) by criminal group, - shall be punished by imprisonment for the term of three
to
eight years with confiscation of property, and in the cases, provided by
paragraph 1),
with deprivation of the right to occupy determined posts or to engage in a
determined
activity for life.
Article 235. Non-return of means from abroad in the national
and foreign currency Non-return of means on a large scale in national and
foreign currency from abroad
by head of an organization or individual entrepreneur, subject to compulsory
transfer to
the accounts in the authorized bank of the Republic of Kazakhstan in accordance
with the
legislation of the Republic of Kazakhstan, -
shall be punished by the fine in the amount of three to five thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of three to five years, or imprisonment for the same term.
Article 236. Evasion from payment of customs payments
and charges
1. Evasion of payment of customs duties, taxes, customs charges on a large scale
–
shall be punished by the fine in the amount of up to five hundred monthly
calculation indices or correctional works in the same amount, or community
services for
the term of up to three hundred hours, or arrest for the term of up to ninety
days.
2. The same act, committed by civil servant with the use of his (her) official
position, - shall be punished by the fine in the amount of up to two thousand
monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to two years, or imprisonment for the same term.
3. The actions, provided by first or second parts of this Article, committed by
criminal group, - shall be punished by imprisonment for the term of two to five
years.
Note. A person, voluntary paid the amount of the arrears, assessed penalties,
the
amount of fines, established by the legislation of the Republic of Kazakhstan
shall be
released from criminal responsibility for the first part of this Article, if his
(her)
actions do not contain the components of another crime.
Article 37. Illegal action upon rehabilitation and bankruptcy
1. Concealment of property or property obligations, details on property, its
extent, location or other information on property, transfer of property in other
possession, assignment or destruction of property, as well as non-disclosure,
destruction, falsification of accounting and (or) records documentation or other
documents, if these actions are committed by incorporator (participant), civil
servant,
bodies of legal entity, individual entrepreneur, as well as person, invested
with powers
on administration of property and cases of debtor upon rehabilitation or
bankruptcy or
in anticipation of bankruptcy, and inflicted a heavy damage, -
shall be punished by the fine in the amount of up to two thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to two years, or imprisonment for the same term, with
deprivation of
the right to occupy determined posts or to engage in a determined activity for
the term
of up to three years.
2. Illegal satisfaction of property requirements of separate creditors by
incorporator (participant), civil servant, bodies of legal entity, individual
entrepreneur, who knew on his (her) failing circumstances (bankruptcy), as well
as by
person, invested with powers on administration of property and cases of bankrupt
debtor
upon bankruptcy proceedings or rehabilitation procedure, certainly to the damage
of
other creditors, if this action is inflicted a heavy damage, -
shall be punished by the fine in the amount of up to three thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to three years, or imprisonment for the same term, with
deprivation
of the right to occupy determined posts or to engage in a determined activity
for the
term of up to three years.
Article 238. Premeditated bankruptcy
Premeditated bankruptcy, in other words intentional creation or increase in
insolvency, committed in result of actions (omission) of incorporator
(participant),
civil servant, person, exercising management functions in commercial or other
organization, bodies of legal entity, as well as individual entrepreneur in
personal
interests or interests of other persons, inflicted a heavy damage or other grave
consequences, - shall be punished by the fine in the amount of up to three
thousand
monthly calculation indices or correctional works in the same amount, or
restriction of
liberty for the term of up to three years, or imprisonment for the same term,
with
deprivation of the right to occupy determined posts or to engage in a determined
activity for the term of up to three years.
Article 239. Bringing to insolvency 1. Concealment of property or property
obligations, details on property, its
extent, location or other information on property, transfer of property in other
possession, assignment or destruction of property, as well as non-disclosure,
destruction, falsification of accounting and (or) records documentation or other
documents, reflecting the economic activity, if these actions (omission) are
committed
by incorporator (participant), civil servant, person, exercising management
functions in
commercial or other organization, bodies of legal entity, as well as individual
entrepreneur, led to insolvency, inflicted a heavy damage or other grave
consequences, -
shall be punished by the fine in the amount of up to five hundred monthly
calculation
indices or correctional works in the same amount, or community services for the
term of
up to three hundred hours, or arrest for the term of up to ninety days, with
deprivation
of the right to occupy determined posts or to engage in a determined activity
for the
term of up to three years.
2. Intentional action (omission) of large participant – individual, the first
head of a large participant – legal entity of insurance (reinsurance)
organization,
pension savings fund, bank or person, permanently, temporary or on special
authority
exercising the functions of governing body or executive body of insurance
(reinsurance)
organization, pension savings fund, bank, organization, exercising investment
management
by benefit assets, led to insolvency, inflicted compulsory liquidation of
insurance
(reinsurance) organization, pension savings fund, bank, -
shall be punished by the fine in the amount of up to three thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to three years, or imprisonment for the same term, with
deprivation
of the right to occupy determined posts or to engage in a determined activity
for the
term of up to five years.
Article 240. False bankruptcy Certainly false announcement in the result of
actions and (or) adopted decisions
by incorporator (participant), civil servant, person, exercising management
functions in
commercial or other organization, bodies of legal entity, as well as individual
entrepreneur on his (her) non-solvency in order to misleading of creditors for
getting
respite or deferred payment by installments or discounts on debts, owed to
creditors, as
well as for default on debts, if this action is inflicted a heavy damage, -
shall be
punished by the fine in the amount of up to three thousand monthly calculation
indices
or correctional works in the same amount, or restriction of liberty for the term
of up
to three years, or imprisonment for the same term, with deprivation of the right
to
occupy determined posts or to engage in a determined activity for the term of up
to five
years.
Violation of the legislation of the Republic of Kazakhstan on
book records and financial accountability
Evasion of person, authorized to maintenance of accounting records, from
documenting details, provided by the legislation of the Republic of Kazakhstan,
or
introduction of knowingly false information on economic and financial activity
of
organization to the accounting documents by this person, as well as destruction
of
accounting documents before the expire of the terms of their storage, inflicted
a heavy
damage, - shall be punished by the fine in the amount of up to five hundred
monthly
calculation indices or correctional works in the same amount, or community
services for
the term of up to three hundred hours, or arrest for the term of up to ninety
days, with
deprivation of the right to occupy determined posts or to engage in a determined
activity for the term of up to five years.
Article 242. Presentation of knowingly false details on
banking operations
Presentation of knowingly false details on operations on banking accounts of
legal
entities or individuals by the employees, as well as issue of warranties,
guarantees and
other obligations, certainly unassured by actual financial position of this
bank, if
these actions are entailed or may entail infliction of heavy damage to the
citizen,
organization or the state, -
shall be punished by the fine in the amount of up to five hundred monthly
calculation indices or correctional works in the same amount, or community
services for
the term of up to three hundred hours, or arrest for the term of up to ninety
days, with
deprivation of the right to occupy determined posts or to engage in a determined
activity for the term of up to three years.
Article 243. Illegal use of money of bank
1. Use their own funds of bank and (or) borrowed funds of bank by bank employees
for granting of certainly irrecoverable credits or settlement of certainly
unprofitable
for bank transactions, as well as submission of unreasonable guarantees of bank
or
unfounded conditions of exemption to the bank customers or other persons, if a
heavy
damage is inflicted to the citizen, organization or the state by these actions,
- shall
be punished by the fine in the amount of up to three thousand monthly
calculation
indices or correctional works in the same amount, or restriction of liberty for
the term
of up to three years, or imprisonment for the same term, with deprivation of the
right
to occupy determined posts or to engage in a determined activity for the term of
up to
three years.
2. Certainly incorrect or certainly untimely transfer of sums of money by bank
employees, as well as currency assets by banking accounts of customers, if a
heavy
damage is inflicted to the citizen, organization or the state by these actions,
-
shall be punished by the fine in the amount of up to five hundred monthly
calculation indices or correctional works in the same amount, or community
services for
the term of up to three hundred hours, or arrest for the term of up to ninety
days, with
deprivation of the right to occupy determined posts or to engage in a determined
activity for the term of up to three years.
Article 244. Evasion of citizen of taxes and (or) other
compulsory payments in the budget 1. Evasion of citizen of taxes and (or) other
compulsory payments in the budget
by nonpresentation of income declaration in the cases, when submission of
declaration is
compulsory, or by inclusion in the declaration or other documents, linked with
calculation or payment of taxes and (or) other compulsory payments in a budget,
certainly distorted data on incomes or expenditures or on property, subjects to
taxation, if this action is entailed non-payment of taxes and (or) other
compulsory
payments in a budget on a large scale, -
shall be punished by the fine in the amount of up to five hundred monthly
calculation indices or correctional works in the same amount, or community
services for
the term of up to three hundred hours, or arrest for the term of up to ninety
days.
2. The same action, committed with the use of invoice without actual performance
of work, rendering of services, shipment of goods, - shall be punished by the
fine in
the amount of up to three thousand monthly calculation indices or correctional
works in
the same amount, or restriction of liberty for the term of up to three years, or
imprisonment for the same term.
Article 245. Evasion of taxes and (or) other compulsory
payments in a budget with organization
1. Evasion of taxes and (or) other compulsory payments in a budget with
organization by nonpresentation of declaration, when submission of declaration
is
compulsory, introduction of certainly distorted data on incomes or expenditures
to the
declaration, by concealment of other items of taxation and (or) other compulsory
payments, if this action is entailed non-payment of taxes and (or) other
compulsory
payments on a large scale, - shall be punished in the amount of up to two
thousand
monthly calculation indices or correctional works in the same amount, or
restriction of
liberty for the term of up to three years, or imprisonment for the same term,
with
deprivation of the right to occupy determined posts or to engage in a determined
activity for the term of up to three years.
2. The same act, committed:
1) with use of invoice without actual performance of works, rendering of
services,
shipment of goods;
2) by group of persons on previous concert,- shall be punished by the fine in
the
amount of up to five thousand monthly calculation indices correctional works in
the same
amount, or restriction of liberty for the term of up to five years, or
imprisonment for
the same term, with deprivation of the right to occupy determined posts or to
engage in
a determined activity for the term of up to three years.
3. The actions, provided by first or second parts of this Article, committed by
criminal group or in a special large amount, - shall be punished by imprisonment
for the
term of six to ten years with deprivation of the right to occupy determined
posts or to
engage in a determined activity for the term of up to three years.
Article 246. Illegal actions in relation of property,
restricted in management on account of debts for tax taxpayer Embezzlement,
alienation, concealment or illegal transfer of property, to which
the restriction in management is imposed by taxation bodies, as well as refusal
in
transfer of such property in the cases, provided by the legislation of the
Republic of
Kazakhstan, committed by person, the property of whom is restricted, as well as
carrying
out of banking operations with monetary means (deposits), on which the debit
operations
are suspended by taxation bodies, by servants of credit organization, - shall be
punished by the fine in the amount of up to five hundred monthly calculation
indices or
correctional works in the same amount or community services for the term of up
to three
hours, or arrest for the term of up to ninety days.
Article 247. Obtain illegal remuneration
1. Illegal obtainment of material remuneration, benefits or services of property
nature for performance of work or rendering of services, including in a set of
responsibilities, by employee of the state body or the state organization, not
being a
person, authorized to exercising of the state functions, or a person, equated to
him
(her), as well as employee of the non-state organization, not exercising
management
functions,- shall be punished by the fine in the amount of up to three hundred
monthly
calculation indices or correctional works in the same amount, or community
services for
the term of up to two hundred forty hours, or arrest for the term of up to
seventy five
days.
2. The same action, committed repeatedly, - shall be punished by the fine in the
amount of up to five hundred monthly calculation indices or correctional works
in the
same amount, or community services for the term of up to three hundred hours, or
arrest
for the term of up to ninety days.
3. The actions, provided by first or second parts of this Article, linked with
obtainment of remuneration on a large extent or linked with extortion, -
shall be punished by the fine in the amount of up to two thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to two years, or imprisonment for the same term, with
confiscation of
property or without it, with deprivation of the right to occupy determined posts
or to
engage in a determined activity for the term of up to three years.
Note of RCLI!
Article 247 is provided to be supplemented by the note in accordance with the
Law
of the Republic of Kazakhstan dated 07.11.2014 No. 248-V (shall be enforced from
01.01.2015).
Article 248. Coercion to the settlement of transaction or to
refusal of its settlement
1. Coercion to the settlement of transaction or refusal to its settlement under
the threat of application of force, destruction or damaging of another’s
property, as
well as dissemination of details, which may inflict substantial harm to the
rights and
interests of injured person or his (her) related persons, in the absence of
signs of
extortion – shall be punished by the fine in the amount of up to two thousand
monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to two years, or imprisonment for the same term.
2. The same action, committed:
1) repeatedly;
2) with use of force, - shall be punished by the fine in the amount of up to
three
thousand monthly calculation indices or correctional works in the same amount,
or
restriction of liberty for the term of up to three years, or imprisonment for
the same
term.
3. The actions, provided by first or second parts of this Article, committed by
criminal group, - shall be punished by imprisonment for the term of two to six
years.
Article 249. Corporate raiding 1. Illegal acquisition of a right of ownership of
the share of participation in a
legal entity, as well as property and securities of legal entity or establishing
control
over the legal entity in the result of intentional distortion of results of the
voting
or interfering with free enforcement of the right upon adoption of decision by
superior
body by introduction of knowingly false details on the number of votes, quorum
or
results of the voting to the minutes of meeting, sitting, in extracts of them,
or
compilation of certainly unreliable results of voting or record of voting
ballots,
blocking or restriction of actual access of shareholder, participant, member of
management body or member of executive body to the voting, non-disclosure of
details on
holding of meeting, sitting or disclosure of inaccurate details on time and
place of
holding of meeting, sitting, voting on behalf of the shareholder, participant or
member
of management body on certainly false power of attorney, by violation,
restriction or
impairment of a right of priority purchase of securities, as well as intentional
creation of obstacles upon enforcement of the right of priority purchase of
securities
or other illegal methods, entailed infliction of substantial harm to the rights
and
interests of citizens or organizations, protected by the Law or the interests of
society
or the state, protected by the Law,- shall be punished by the fine in the amount
of up
to five thousand monthly calculation indices or correctional works in the same
amount,
or restriction of liberty for the term of up to five years, or imprisonment for
the same
term, with confiscation of property, with deprivation of the right to occupy
determined
posts or to engage in a determined activity for the term of up to two years.
2. The same actions, committed:
1) by group of persons on previous concert;
2) repeatedly;
3) by person with the use of his (her) official position, - shall be punished by
imprisonment for the term of three to seven years with confiscation of property.
3. The actions, provided by first or second parts of this Article, committed:
1) by criminal group;
2) by person, authorized to perform the state functions, or person, civil
servant
or person, holding responsible state position, equated with him (her), if they
are
linked with use of his (her) official position by them,- shall be punished by
imprisonment for the term of seven to ten years with confiscation of property,
and in
the cases, provided by paragraph 2), with deprivation of the right to occupy
determined
posts or to engage in a determined activity for life.
Chapter 9. CRIMINAL INFRACTION AGAINST THE INTERESTS OF
SERVICE IN COMMERCIAL AND OTHER ORGANIZATIONS
Article 250. Abuse of power Use of powers by person, exercising management
functions in commercial or other
organization, contrary to the legal interests of this organization and in order
to
deriving profits and advantages for himself (herself) or other persons or
organizations
or infliction of harm to other persons or organizations, if it is entailed
inflection
substantial harm to the rights and legal interests of citizens or organization
or the
interests of society or the state, protected by the Law, - shall be punished by
the fine
in the amount of up to four thousand monthly calculation indices or correctional
works
in the same amount, or restriction of liberty for the term of up to four years,
or
imprisonment for the same term, with confiscation of property or without it,
with
deprivation of the right to occupy determined posts or to engage in a determined
activity for the term of up to five years.
Article 251. Abuse of powers by private notaries, appraisers,
private officers of justice, mediators and auditors,
working as part of the audit organization
1. Use of powers by private notaries, appraisers, private officers of justice,
mediators, auditors, working as part of the audit organization, or head of audit
organization, contrary to tasks of his (her) activity and in order to deriving
profits
and advantages for himself (herself) or other persons or organizations or
infliction of
harm to other persons or organizations, if it is entailed inflection substantial
harm to
the rights and legal interests of citizens or organization or the interests of
society
or the state, protected by the Law, - shall be punished by the fine in the
amount of up
to four thousand monthly calculation indices or correctional works in the same
amount,
or restriction of liberty for the term of up to four years, or imprisonment for
the same
term, with confiscation of property or without it, with deprivation of the right
to
occupy determined posts or to engage in a determined activity for the term of up
to five
years.
2. The same action, committed in relation of certainly the minor or disabled
person or repeatedly, - shall be punished by the fine in the amount of up to
five
thousand monthly calculation indices or correctional works in the same amount,
or
restriction of liberty for the term of up to five years, or imprisonment for the
same
term, with confiscation of property or without it, with deprivation of the right
to
occupy determined posts or to engage in a determined activity for the term of up
to five
years.
Article 252. Excess of powers by servants of private
security service
1. Excess of powers, presented in accordance with a license by the head or
servant
of private security service, contrary to the tasks of his (her) activity, if
this action
is committed with the use of force or the threat of its use, - shall be punished
by the
fine in the amount of up to five thousand monthly calculation indices or
correctional
works in the same amount, or restriction of liberty for the term of up to five
years, or
imprisonment for the same term, with deprivation of the right to occupy
determined posts
or to engage in a determined activity for the term of up to five years or
without it.
2. The same action, committed with use of weapon or special means or inflicted
grave consequences, - shall be punished by imprisonment for the term of three to
eight
years with deprivation of the right to occupy determined posts or to engage in a
determined activity for the term of up to five years.
Article 253. Commercial bribery 1. Illegal transfer of money, securities or
other property to the person,
exercising management functions in commercial or other organization, as well as
illegal
rendering of services of property nature for the use by him (her) of his (her)
official
position, as well as for general protection or connivance in the service in the
interests of person, performing the bribe, -
shall be punished by the fine in the amount of up to five thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to five years, or imprisonment for the same term.
2. The same actions, committed repeatedly or by group of persons on previous
concert, or on a large extent, - shall be punished by imprisonment for the term
of seven
to twelve years with confiscation of property.
3. The actions, provided by first or second parts of this Article, committed by
criminal group or in a special large extent, - shall be punished by imprisonment
for the
term of ten to fifteen years with confiscation of property.
4. Illegal receipt of money, securities, other property by person, exercising
management functions in commercial or other organization, as well as use of
services of
property nature for the use of his (her) official position, as well as for the
general
protection or connivance in the service in the interests of person, performing
the
bribe,- shall be punished by the fine in the amount of up to five thousand
monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to five years, or imprisonment for the same term, with
confiscation
of property, with deprivation of the right to occupy determined posts or to
engage in a
determined activity for the term of up to two years.
5. The actions, provided by fourth part of this Article, if they:
1) committed by group of persons on previous concert;
2) committed repeatedly;
3) linked with extortion;
4) on a large scale, - shall be punished by imprisonment for the term of seven
to
twelve years with confiscation of property, with deprivation of the right to
occupy
determined posts or to engage in a determined activity for the term of up to
three
years.
6. The actions, provided by fourth or fifth parts of this Article, if they are
committed by criminal group or on a special large scale, - shall be punished by
imprisonment for the term of ten to fifteen years with confiscation of property,
with
deprivation of the right to occupy determined posts or to engage in a determined
activity for the term of up to five years.
Note.
1. A person, committed the actions, provided by first or second parts of this
Article shall be released from criminal responsibility, if in relation of his
(her) an
extortion took place or if he (she) voluntary informed on bribery the
law-enforcement or
special state body.
2. Transfer or receipt property, rendering of services of property nature or use
of such services as a gift or compensation in the absence of preliminary
agreement for
the previously committed legal actions shall not be the crimes by virtue of
insignificance and shall be prosecuted according to the disciplinary or
administrative
procedure, if the cost of property or services does not exceed two monthly
calculation
indices.
Article 254. Unconscientious attitude to the obligations
Non-performance or improper performance of obligations in consequence of
unconscientious or negligent attitude to the service, by person, exercising
management
functions in commercial or other organization, if it is entailed the death of
person or
other grave consequences, - shall be punished by restriction of liberty for the
term of
up to five years or imprisonment for the same term, with deprivation of the
right to
occupy determined posts or to engage in a determined activity for the term of up
to
three years or without it.
Chapter 10. CRIMINAL INFRACTION AGAINST PUBLIC SECURITY
AND PUBLIC ORDER
Article 255. An act of terrorism 1. An act of terrorism, in other words
commission of explosion, arson and other
actions, endanger the lives of people, infliction of significant property damage
or
occurrence of other socially dangerous consequences, if these actions are
committed in
order to violation of public security, terrorizing the population, influence to
making
decisions by the state bodies of the Republic of Kazakhstan by the foreign state
or
international organization, provocation of war or complications of international
relations, as well as the threat of commission of specified actions in the same
purposes
– shall be punished by imprisonment for the term of four to ten years with
confiscation
of property or without it.
2. The same actions, committed:
1) repeatedly;
2) with the use of weapon or items, used as a weapon, explosive substances or
explosive devices, which may create real threat to the life and health of
citizens, -
shall be punished by imprisonment for the term of seven to twelve years with
confiscation of property or without it.
3. The actions, provided by first or second parts of this Article, if they:
1) linked with the use or the threat of use of weapon of mass destruction,
radioactive materials and commission or the threat of commission of mass
poisoning,
advance of an epidemic or epizootic, as well as other actions, capable to entail
mass
mortality of people;
2) entailed the death of person or other grave consequences by negligence, -
shall be punished by imprisonment for the term of ten to fifteen years with
confiscation of property or without it.
4. Infringement on life of person, committed in order to violation of public
security, terrorizing the population, influence to making decisions by the state
bodies
of the Republic of Kazakhstan by the foreign state or international
organization,
provocation of war or complications of international relations, as well as
infringement
on life of the state or public figure, committed for the same purposes, as well
as in
order of termination of his (her) state or other political activity or out of
revenge
for such activity, or infringement on life of person, linked with attack against
the
persons or organization, using international protection, building, construction,
taking
of hostage, buildings, constructions, means of communication and communication,
theft,
as well as seizure of aircraft or water vessel, railway vehicles or other public
transport - shall be punished by imprisonment for the term of fifteen to twenty
years or
life imprisonment, or the death penalty, with confiscation of property or
without it.
Note. A person, participating in the preparation of an act of terrorism shall be
released from criminal responsibility, if he (she) is assisted in prevention of
an act
of terrorism by early warning of the state bodies or other means and if his
(her)
actions do not contain the components of another crime.
Article 256. Propaganda of terrorism or public calls for
commission of an act of terrorism
1. Propaganda of terrorism or public calls for commission of an act of
terrorism,
as well as production, storage in order to distribution or distribution of
materials of
specified content – shall be punished by imprisonment for the term of three to
seven
years with confiscation of property.
2. The same actions, committed by person with the use of his (her) official
position or by leader of public association, or with the use of mass media or
information and communication networks, or by group of persons or group of
persons on
previous concert, - shall be punished by imprisonment for the term of five to
ten years
with confiscation of property.
Article 257. Creation, management of terrorist group and
participation in its activity 1. Creation of terrorist group, as well as its
management – shall be punished by
imprisonment for the term of seven to fifteen years with confiscation of
property.
2. Participation in activity of terrorist group or acts of terrorism, committed
by
it – shall be punished by imprisonment for the term of six to twelve years with
confiscation of property.
3. The actions, provided by first or second parts of this Article, committed by
person with the use of his (her) official position or by leader of public
association, -
shall be punished by imprisonment for the term of ten to fifteen years with
confiscation
of property.
Article 258. Financing of terrorist or extremist activity and
other aiding and abetting to the terrorism or extremism 1. Provision or
collection of money and (or) other property, right to property or
profits of property nature, as well as donation, exchange, dotation, sponsor and
beneficent help, rendering of information and other type of services or
rendering of
financial services to the individual or group of persons, or legal entity,
committed by
person, certainly realized the terrorist or extremist nature of its activity or
that the
provided property, rendered information, financial and other type of services
will be
used for carrying out of terrorist or extremist activity or ensuring the
terrorist or
extremist group, terrorist or extremist organization, illegal paramilitary
forces, -
shall be punished by imprisonment for the term of three to seven years with
confiscation
of property.
2. The same actions, committed repeatedly or by person with the use of his (her)
official position or by person, exercising management functions in commercial or
other
organization, or by leader of public association, or by group of persons on
previous
concert, or on a large scale, - shall be punished by imprisonment for the term
of five
to ten years with confiscation of property.
Note. A person, carrying out financing of terrorist and other aiding to
terrorism
or extremist activity under the threat of force and voluntary declared on this,
as well
as actively contributed to the detection or suppression of crime shall be
released from
criminal responsibility, if his (her) actions do not contain the components of
another
crime.
Article 259. Enlistment or preparation or armament of persons
in order of organization of terrorist or extremist activity 1. Enlistment or
preparation or armament of persons in order of organization of
terrorist or extremist activity – shall be punished by imprisonment for the term
of six
to twelve years with confiscation of property.
2. The same action, committed by person with the use of his official position or
in relation of the minor, - shall be punished by imprisonment for the term of
eight to
fifteen years with confiscation of property.
Article 260. Undergoing the terrorist or extremist training
Undergoing the training by person, as well as outside of the Republic of
Kazakhstan, certainly for leaner, directed to acquisition of skills and
experience of
commission of terrorist or extremist crime, - shall be punished by imprisonment
for the
term of three to seven years.
Note. A person, committed a crime, provided by this Article shall be released
from
criminal responsibility, if he (she) voluntary informed on undergoing the
training,
contributed to the identification of other persons, undergone such training,
carrying
out, organized or financed such training, provided information on place of its
venue and
if his (her) actions do not contain the components of another crime.
Article 261. Taking of hostage 1. Taking or keeping of person as a hostage,
committed in order of coercion of the
state, organization or other person to commit any action or refrain from any
action as a
condition for release of the hostage – shall be punished by imprisonment for the
term of
three to eight years.
2. The same actions, committed:
1) by group of person on previous concert;
2) repeatedly;
3) with the use of force, danger for life or health;
4) with use of weapons or objects used as weapons;
5) in relation of certainly the minor;
6) in relation of woman, certainly for the guilty person, being in the state of
pregnancy;
7) in relation of person, certainly being in the helpless state;
8) in relation of two or more persons;
9) for selfish motives or by hire, -
shall be punished by imprisonment for the term of seven to twelve years.
3. The actions, provided by first or second parts of this Article, if they are
committed by criminal group or entailed the death of person or other grave
consequences
by negligence, - shall be punished by imprisonment for the term of ten to
fifteen years.
Note. A person, voluntary or at the request of authorities, released the hostage
shall be released from criminal responsibility, if his (her) actions do not
contain the
components of another crime.
Article 262. Creation and management of organized group,
criminal organization, as well as participation in them
1. Creation of organized group or criminal organization, as well as its
management or structural subdivision of criminal organization –
shall be punished by imprisonment for the term of seven to twelve years with
confiscation of property.
2. Participation in the organized group or criminal organization – shall be
punished by imprisonment for the term of five to ten years with confiscation of
property.
3. The actions, provided by first or second parts of this Article, committed by
person with the use of his (her) official position, - shall be punished by
imprisonment
for the term of eight to thirteen years with confiscation of property.
Note. A person, voluntary terminated participation in the criminal group and
actively contributed to detection or suppression of crimes, committed or
committed by
criminal group shall be released from criminal responsibility, if his (her)
actions do
not contain the components of another crime, in the Articles 262, 263, 264, 265
and 268
of this Code.
Article 263. Creation and management of criminal society,
as well as participation in it
1. Creation or management of criminal society, as well as creation of
association of heads or other participants of organized groups (criminal
organizations)
or coordination of criminal actions of independently acting organized groups
(criminal
organizations) in order to commission of one or several crimes –
shall be punished by imprisonment for the term of twelve to fifteen years with
confiscation of property.
2. Participation of the heads of organized groups, criminal organizations,
structural subdivisions of criminal organizations in the criminal society –
shall be punished by imprisonment for the term of eight to twelve years with
confiscation of property.
3. Participation in the meeting of heads, other participants of organized
groups,
criminal organizations in order of coordination of criminal actions, as well as
with the
use of means of communication, - shall be punished by imprisonment for the term
of
twelve to twenty years with confiscation of property.
4. The actions, provided by first or second parts of this Article, committed by
person with the use of his (her) official position, - shall be punished by
imprisonment
for the term of twelve to twenty years with confiscation of property.
5. The actions, provided by first, second or third parts of this Article,
committed by person, holding a leading position among the heads of organized
groups
(criminal organizations), - shall be punished by imprisonment for the term of
fifteen to
twenty years or life imprisonment, with confiscation of property.
Article 264. Creation and management of transnational organized
group, transnational criminal organization, as well as
participation in them 1. Creation of transnational organized group or
transnational criminal
organization, as well as its management or management of structural subdivision
of
transnational criminal organization – shall be punished by imprisonment for the
term of
ten to fifteen years with confiscation of property.
2. Participation in the transnational organized group or transnational criminal
organization – shall be punished by imprisonment for the term of eight to twelve
years
with confiscation of property.
3. The actions, provided by first or second parts of this Article, committed by
person with the use of his (her) official position, - shall be punished by
imprisonment
for the term of twelve to twenty years with confiscation of property.
Article 265. Creation and management of transnational criminal
society, as well as participation in it
1. Creation of transnational criminal society, as well as management them –
shall
be punished by imprisonment for the term of fifteen to twenty years with
confiscation of
property.
2. Participation in the transnational criminal society – shall be punished by
imprisonment for the term of ten to fifteen years with confiscation of property.
3. The actions, provided by first or second parts of this Article, committed by
person with the use of his (her) official position, - shall be punished by
imprisonment
for the term of seventy to twenty years with confiscation of property.
Article 266. Financing activity of criminal group, as well as
storage, division of property, development financing channels
1. Provision or collection of money and (or) other property, right to property
or profits of property nature, as well as donation, exchange, dotation, sponsor
and
beneficent help, rendering of information and other type of services or
rendering of
financial services to the individual or group of persons, or legal entity,
committed by
person, who certainly knew on their use for ensuring of organized group,
criminal
organization, criminal society, transnational organized group, transnational
criminal
organization, transnational criminal society or gang, -
shall be punished by imprisonment for the term of three to seven years with
confiscation of property.
2. Storage, division of property, as well as development financing channels,
committed by participant of criminal group,- shall be punished by imprisonment
for the
term of five to ten years with confiscation of property.
3. The actions, provided by first or second parts of this Article, committed by
person with the use of his (her) official position or by person, exercising
management
functions in commercial or other organization, or by leader of public
association, -
shall be punished by imprisonment for the term of seven to twelve years with
confiscation of property, with deprivation of the right to occupy determined
posts or to
engage in a determined activity for the term of seven to ten years.
Note. A person, carrying out financing of activity of criminal group under the
threat of force and voluntary declared about it shall be released from criminal
responsibility, if his (her) actions do not contain the components of another
crime.
Article 267. Organization of illegal paramilitary forces 1. Creation of illegal
paramilitary forces, as well as management of such
formation - shall be punished by imprisonment for the term of up to two to seven
years.
2. Participation in an illegal paramilitary forces- shall be punished by the
fine
in the amount of up to three thousand monthly calculation indices or
correctional works
in the same amount, or restriction of liberty for the term of up to three years
or
imprisonment for the same term.
Note. A person, voluntary terminated participation in an illegal para-military
forces and laid down arms and military equipment shall be released from criminal
responsibility, if his (her) actions do not contain the components of another
crime.
Article 268. Banditry
1. Creation of stable armed group (gang), as well as management of such group
(gang) – shall be punished by imprisonment for the term of twelve to twenty
years with
confiscation of property.
2. Participation in the stable armed group (gang) or attacks, committed by it –
shall be punished by imprisonment for the term of ten to fifteen years with
confiscation of property.
3. The actions, provided by first or second parts of this Article, committed by
person with the use of his (her) official position, - shall be punished by
imprisonment
for the term of fifteen to twenty years with confiscation of property.
Article 269. An attack against building, construction, means of
communication and communication or their capture
1. An attack against building, construction (as well as stationary platforms,
located on the continental shelf of the Republic of Kazakhstan), means of
communication
and communication, other communications, as well as their capture – shall be
punished by
restriction of liberty for the term of three to seven years or imprisonment for
the same
term.
2. The same actions, committed:
1) by group of persons on previous concert;
2) repeatedly;
3) with the use of force, danger for life or health;
4) with the use of weapon or items, used as weapon;
for selfish motives or by hire;
6) in relation of buildings of the state bodies or the state institutions, -
shall
be punished by imprisonment for the term of seven to twelve years with
confiscation of
property or without it.
3. The actions, provided by first or second parts of this Article, if they are
committed by criminal group or entailed the death of person or other grave
consequences
by negligence, - shall be punished by imprisonment for the term of eight to
fifteen
years with confiscation of property or without it.
Article 270. Theft, as well as seizure of aircraft or water
vessel, railway vehicles
1. Theft of aircraft or water vessel or railway vehicles, as well as capture of
such vessel or composition in order to theft – shall be punished by imprisonment
for the
term of two to eight years.
2. The same actions, committed:
1) by group of persons on previous concert;
2) repeatedly;
3) with the use of force, danger for life or health, or with the threat of use
of
such force;
4) with use of weapons or objects used as weapons, - shall be punished by
imprisonment for the term of seven to twelve years with confiscation of property
or
without it.
3. The actions, provided by first or second parts of this Article, if they are
committed by criminal group or entailed the death of person or other grave
consequences
by negligence, - shall be punished by imprisonment for the term of eight to
fifteen
years with confiscation of property or without it.
Article 271. Piracy 1. Attack against sea or river vessel in order of
acquisition of another’s
property, committed with the use of force or the threat of its use, - shall be
punished
by imprisonment for the term of five to ten years with confiscation of property.
2. The same actions, committed repeatedly or with the use of weapon or objects,
used as weapon, - shall be punished by imprisonment for the term of eight to
twelve
years with confiscation of property.
3. The actions, provided by first or second parts of this Article, if they are
committed by criminal group or entailed the death of person or other grave
consequences
by negligence, - shall be punished by imprisonment for the term of ten to
fifteen years
with confiscation of property.
Article 272. Mass disorders
1. Organization of mass disorders, accompanied by force, demolition, arsons,
destructions, destruction of property, use of fire-arms, explosive substances or
explosive devices, as well as offering armed resistance to the representative of
authority, - shall be punished by imprisonment for the term of four to ten
years.
2. Participation in the mass disorders, provided by first part of this Article,
-
shall be punished by imprisonment for the term of three to eight years.
3. Calls for active insubordination to the legal requirements of representatives
of authority and mass disorder or provocation of mass disorders, as well as
calls for
violence against citizens – shall be punished by restriction of liberty for the
term of
up to three years or imprisonment for the same term.
Article 273. Knowingly false report about an act of terrorism Knowingly false
report on prepared act of terrorism – shall be punished by
imprisonment for the term of up to six years.
Article 274. Dissemination of knowingly false information 1. Dissemination of
knowingly false information, creating a danger of violation of
public order or infliction of substantial harm to the rights and legal interests
of
citizens or organization or the interests of society or the state, protected by
the Law,
- shall be punished by the fine in the amount of up to one thousand monthly
calculation
indices or correctional works in the same amount, or restriction of liberty for
the term
of up to one year, or imprisonment for the same term.
2. The same action, committed:
1) by group of persons on previous concert;
2) by person with the use of his (her) official position;
3) with the use of mass media or information and communication networks,-
shall be punished by the fine in the amount of up to five thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of two to five years, or imprisonment for the same term.
3. The actions, provided by first or second parts of this Article, entailed
infliction of heavy damage to the citizen, organization or the state or other
grave
consequences, -
shall be punished by the fie in the amount of up to seven thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of three to seven years, or imprisonment for the same term.
4. The actions, provided by first, second or third parts of this Article,
committed:
1) by criminal group;
2) in the conditions of emergency situation or in the face of the enemy, or in
time of war, or upon implementation of public measures, -shall be punished by
imprisonment for the term of five to ten years.
Article 275. Illegal export of technologies, scientific and
technical information and services, used upon creation of
weapons of mass destruction, arms and military equipment
Illegal export of technologies, scientific and technical information and
services,
which may be used upon creation of weapons of mass destruction, means of its
delivery,
arms and military equipment and in relation of which the special export control
is
established, - shall be punished by imprisonment for the term of three to seven
years
with confiscation of property or without it.
Article 276. Violation of rules of safety on the objects of
the atomic energy uses 1. Violation of rules of safety upon placement,
designing, construction, put into
operation, operation, repair, putting out of service of objects of atomic energy
uses,
as well as handling with nuclear materials, radioactive substance, radioactive
wastes or
sources of ionizing radiation, if this action is entailed infliction of harm of
average
gravity to the health of person by negligence, - shall be punished by the fine
in the
amount of up to two hundred monthly calculation indices or correctional works in
the
same amount, or community services for the term of up to one hundred and eighty
hours,
or arrest for the term of up to sixty days, with deprivation of the right to
occupy
determined posts or to engage in a determined activity for the term of up to two
years.
2. The same action, entailed infliction of grievous harm to the health of person
by negligence, - shall be punished by the fine in the amount of up to three
thousand
monthly calculation indices or correctional works in the same amount, or
restriction of
liberty for the term of up to three years, or imprisonment for the same term,
with
deprivation of the right to occupy determined posts or to engage in a determined
activity for the term of up to three years or without it.
3. The same action, entailed the death of person or nuclear contaminated
environment or other grave consequences by negligence, - shall be punished by
imprisonment for the term of five to ten years with deprivation of the right to
occupy
determined posts or to engage in a determined activity for the term of up to
three years
or without it.
Article 277. Violation of rules of safety upon conducting of
mining or construction works 1. Violation of rules of safety of conducting
mining or construction works, if
it is entailed infliction of grievous or average gravity harm to the health of
person by
negligence, -
shall be punished by the fine in the amount of up to two thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to two years, or imprisonment for the same term, with
deprivation of
the right to occupy determined posts or to engage in a determined activity for
the term
of up to three years or without it.
2. The same action, entailed the death of person or other grave consequences by
negligence, -
shall be punished by imprisonment for the term of up to six years with
deprivation
of the right to occupy determined posts or to engage in a determined activity
for the
term of up to three years or without it.
3. The action, provided by first part of this Article, entailed the death of two
or more persons by negligence, -
shall be punished by imprisonment for the term of three to eight years with
deprivation of the right to occupy determined posts or to engage in a determined
activity for the term of up to three years or without it.
Article 278. Poor-quality construction
1. Completion and (or) acceptance into operation of poor-quality constructed,
uncompleted or not conforming to the conditions of agreement and project
documentation
of buildings and constructions, automobile roads, tunnels, electric stations,
dwelling
houses or other objects of construction, as well as their low-quality repair by
the
heads of construction organizations, clerks of the works and civil servants,
carrying
out control over the quality of construction, if it is entailed infliction of
grievous
or average gravity harm to the health of person by negligence, -
shall be punished by the fine in the amount of up to two thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to two years, or imprisonment for the same term, with
deprivation of
the right to occupy determined posts or to engage in a determined activity for
the term
of up to three years or without it.
2. The same actions, entailed the death of person or other grave consequences by
negligence, -
shall be punished by imprisonment for the term of up to six years with
deprivation
of the right to occupy determined posts or to engage in a determined activity
for the
term of up to three years or without it.
3. The actions, provided by first part of this Article, entailed the death of
two
or more persons by negligence, -
shall be punished by imprisonment for the term of three to eight years with
deprivation of the right to occupy determined posts or to engage in a determined
activity for the term of up to three years or without it.
Article 279. Violation of rules and requirements of standards
in the scope of architectural, town-planning and
construction activity 1. Violation of rules and requirements of standards in the
scope of
architectural, town-planning and construction activity, entailed the death of
person or
other grave consequences by negligence, -
shall be punished by imprisonment for the term of up to six years with
deprivation
of the right to occupy determined posts or to engage in a determined activity
for the
term of up to three years or without it.
2. An action, provided by first part of this Article, entailed the death of two
or more persons by negligence, -
shall be punished by imprisonment for the term of three to eight years with
deprivation of the right to occupy determined posts or to engage in a determined
activity for the term of up to three years or without it.
Article 280. Improper performance of expert works or
engineering services
1. Improper performance of expert works or engineering services, entailed the
death of person or other grave consequences by negligence, -
shall be punished by imprisonment for the term of up to six years with
deprivation
of the right to occupy determined posts or to engage in a determined activity
for the
term of up to three years or without it.
2. An action, provided by first part of this Article, entailed the death of two
or more persons by negligence, -
shall be punished by imprisonment for the term of three to eight years with
deprivation of the right to occupy determined posts or to engage in a determined
activity for the term of up to three years or without it.
Article 281. Violation of rules of safety on the
explosive objects 1. Violation of rules of safety on the explosive object or
explosive units, if
it is entailed infliction of grievous or average gravity harm to the health of
person by
negligence, -
shall be punished by the fine in the amount of up to two thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to two years, or imprisonment for the same term, with
deprivation of
the right to occupy determined posts or to engage in a determined activity for
the term
of up to three years or without it.
2. The same action, entailed the death of person or other grave consequences by
negligence, -
shall be punished by imprisonment for the term of up to six years with
deprivation
of the right to occupy determined posts or to engage in a determined activity
for the
term of up to three years or without it.
3. An action, provided by first part of this Article, entailed the death of two
or more persons by negligence, -
shall be punished by imprisonment for the term of three to eight years with
deprivation of the right to occupy determined posts or to engage in a determined
activity for the term of up to three years or without it.
Article 282. Violation of rules of safety upon carrying out
of space activity 1. Violation of rules of safety upon carrying out of space
activity, if it is
entailed infliction of grievous or average gravity harm to the health of person,
-
shall be punished by the fine in the amount of up to three thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to three years, or imprisonment for the same term, with
deprivation
of the right to occupy determined posts or to engage in a determined activity
for the
term of up to three years or without it.
2. The same action, entailed the death of person or other grave consequences by
negligence, -
shall be punished by imprisonment for the term of up to six years with
deprivation
of the right to occupy determined posts or to engage in a determined activity
for the
term of up to three years or without it.
3. An action, provided by first part of this Article, entailed the death of two
or more persons by negligence, -
shall be punished by imprisonment for the term of three to eight years with
deprivation of the right to occupy determined posts or to engage in a determined
activity for the term of up to three years or without it.
Article 283. Illegal handling with radioactive substances,
radioactive wastes, nuclear materials 1. Illegal acquisition, storage,
transportation, use, transfer, proceeding,
destruction, spraying or disposal of radioactive substances, radioactive wastes,
nuclear
materials –
shall be punished by the fine in the amount of up to three thousand monthly
calculation indices or correctional works in the same amount or restriction of
liberty
for the term of up to three years, or imprisonment for the same term, with
confiscation
of property or without it.
2. Illegal sale of radioactive substances, radioactive wastes, nuclear
materials,
as well as illegal acquisition, storage, transportation of radioactive
substances,
radioactive wastes, nuclear materials in order to sale –
shall be punished by imprisonment for the term of two to six years with
confiscation of property or without it.
3. The actions, provided by first or second parts of this Article, committed by
criminal group or entailed the death of person or other grave consequences by
negligence. –
shall be punished by imprisonment for the term of three to eight years with
confiscation of property or without it.
Article 284. Theft or extortion of radioactive substances,
radioactive wastes, nuclear materials
1. Theft or extortion of radioactive substances, radioactive wastes, nuclear
materials –
shall be punished by the fine in the amount of up to five thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to five years, or imprisonment for the same term.
2. The same action, committed:
1) by group of persons on previous concert;
2) repeatedly;
3) by person with the use of his (her) official position;
4) with use of force, not danger for life or health, or with the threat of use
of
such force, -
shall be punished by imprisonment for the term of four to seven years with
confiscation of property or without it.
3. The actions, provided by first or second parts of this Article, committed:
1) with use of force, danger for life or health, or the threat of use of such
force;
2) by criminal group, -
shall be punished by imprisonment for the term of five to ten years with
confiscation of property.
Article 285. Violation of rules of handling with radioactive
substances, radioactive wastes, nuclear materials 1. Violation of rules of
storage, use, record, burial, transportation of
radioactive substances, radioactive wastes and nuclear materials and other
handling
rules with them, if it could entail the death of person or other grave
consequences, -
shall be punished by the fine in the amount of up to one thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to one year, or imprisonment for the same term, with
deprivation of
the right to occupy determined posts or to engage in a determined activity for
the term
of up to two years or without it.
2. The same action, entailed the death of person or other grave consequences by
negligence, -
shall be punished by imprisonment for the term of up to seven years with
deprivation of the right to occupy determined posts or to engage in a determined
activity for the term of up to three years or without it.
Article 286. Smuggling of withdrawn from handling of items or
items, handling of which is restricted
1. Transfer the documents or means of customs identification or linked with
undeclared or unreliable declaring, across the customs border of Custom union
besides or
with concealment from customs control or with fraudulent use, as well as illegal
transfer narcotic drugs, psychotropic substances, their analogues, precursors,
super
potent, toxic, poisonous, radioactive substances, radioactive wastes and nuclear
materials, explosive substances, arms, military technologies, explosive devices,
fire-
arms or ammunition, nuclear, chemical, biological or other types of weapons of
mass
destruction, materials, equipment or components, which may be used for creation
of
weapons of mass destruction, across the State border of the Republic of
Kazakhstan,-
shall be punished by the fine in the amount of up to five thousand monthly
calculation
indices or correctional works in the same amount, or restriction of liberty for
the term
of up to five years, or imprisonment for the same term, with confiscation of
property or
without it.
20. The same actions, committed:
1) repeatedly;
2) by civil servant with the use of his (her) official position;
3) with the use of force to the person, carrying out the border or customs
control;
4) by group of persons on previous concert;
5) in relation of narcotic drugs, psychotropic substances, their analogues,
precursors on a large scale, -
shall be punished by imprisonment for the term of seven to twelve years with
confiscation of property.
3. The actions, provided by first or second parts of this Article, committed by
criminal group, -
shall be punished by imprisonment for the term of ten to fifteen years with
confiscation of property.
4. The actions, provided by first, second or third parts of this Article, linked
with narcotic drugs, psychotropic substances, their analogues, committed in a
special
large scale, -
shall be punished by imprisonment for the term of fifteen to twenty years or
life
imprisonment, with confiscation of property.
Article 287. Illegal acquisition, transfer, sale, storage, transportation or
bearing of weapons, ammunition, explosive
substance and explosive devices 1. Illegal bearing or sale of cold weapon,
except when bearing of cold weapon is
linked with hunting, as well as sale of weapon and ammunition to it by employees
of
trade organizations to the individuals, organizations, not having relevant
permission, -
shall be punished by the fine in the amount of up to two hundred monthly
calculation indices or correctional works in the same amount, or community
services for
the term of up to one hundred and eighty hours, or arrest for the term of up to
sixty
days.
2. Illegal acquisition, transfer, sale, storage, transportation or bearing of
tubeless fire weapons, gas spray gun with possibility of firing by cartridges of
traumatic action, stub barreled smooth-bore weapon, as well as cartridges to
them –
shall be punished by the fine in the amount of up to two thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to one years, or imprisonment for the same term.
3. Illegal acquisition, transfer, sale, storage, transportation or bearing of
fire weapon (except for smoothbore hunting weapon), ammunition, explosive
substance or
explosive devices –
shall be punished by the fine in the amount of up to five thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to five years, or imprisonment for the same term.
4. The actions, provided by third part of this Article, committed by group of
persons on previous concert or repeatedly, -
shall be punished by imprisonment for the term of three to eight years.
5. The actions, provided by third or fourth parts of this Article, committed by
criminal group, -
shall be punished by imprisonment for the term of five to ten years.
Note. A person, voluntary surrendered the items, specified in this Article shall
be released from criminal responsibility, if his (her) actions do not contain
the
components of another crime. Surrender of items, specified in this Article, in
the case
of their withdrawal upon detention of a person, as well as upon execution of
investigatory actions on their detection and withdrawal shall not be recognized
as
voluntary.
Article 288. Illegal production of weapons 1. Illegal production or repair of
fire weapons, component parts to it, as well as
illegal production of ammunition, explosive substances or explosive devices-
shall be punished by the fine in the amount of up to five thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to five years, or imprisonment for the same term.
2. The same actions, committed by group of persons on previous concert or
repeatedly, -
shall be punished by imprisonment for the term of three to eight years.
3. The actions, provided by first or second parts of this Article, committed by
criminal group, -
shall be punished by imprisonment for the term of five to ten years.
4. Illegal production of gas spray gun, cold weapon, as well as missile weapon,
-
shall be punished by the fine in the amount of up to three hundred monthly
calculation indices or correctional works in the same amount, or community
services for
the term of up to two hundred forty hours, or arrest for the term of up to
seventy five
days.
Note. A person, voluntary surrendered the items, specified in this Article shall
be released from criminal responsibility, if his (her) actions do not contain
the
components of another crime
Article 289. Negligent keeping of fire weapons Negligent keeping of fire
weapons, created conditions for its use by other person,
if it is entailed the death of person or other grave consequences, -
shall be punished by the fine in the amount of up to three hundred monthly
calculation indices or correctional works in the same amount, or community
services for
the term of up to two hundred forty hours, or arrest for the term of up to
seventy five
days.
Article 290. Improper execution of obligations on security of
weapons, ammunition, explosive substances or explosive devices 1. Improper
execution of their obligations by person, to whom the security or
weapons, ammunition, explosive substances or explosive devices is instructed, if
it is
entailed their theft or destruction or occurrence of other grave consequences, -
shall be punished by the fine in the amount of up to five thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to five years, or imprisonment for the same term, with
deprivation of
the right to occupy determined posts or to engage in a determined activity for
the term
of up to three years or without it.
2. Improper execution of obligations on security of weapons of mass destruction
or materials or equipment, which may be used upon creation of weapons of mass
destruction, if it is entailed the grave consequences or created the threat of
their
occurrence, -
shall be punished by imprisonment for the term of two to seven years with
deprivation of the right to occupy determined posts or to engage in a determined
activity for the term of up to three years.
Article 291. Theft or extortion of weapons, ammunition,
explosive substances and explosive devices 1. Theft or extortion of fire
weapons, component parts to it, ammunition,
explosive substances or explosive devices-
shall be punished by imprisonment for the term of three to seven years.
2. Theft of extortion of weapons of mass destruction, as well as materials or
equipment, which may be used upon creation of weapons of mass destruction, -
shall be punished by imprisonment for the term of five to ten years.
3. The actions, provided by first or second parts of this Article, if they are
committed:
1) by person with the use of his (her) official position;
2) repeatedly;
3) with the use of force, not danger for life or health, or with the threat of
use
of such force;
4) by group of persons on previous concert, -
shall be punished by imprisonment for the term of five to twelve years with
confiscation of property or without it.
4. The actions, provided by first, second or third parts of this Article, if
they
are committed:
1) by criminal group;
2) with the use of force, danger for life or health, or with the threat of use
of
such force, -
shall be punished by imprisonment for the term of eight to fifteen years with
confiscation of property or without it.
Article 292. Violation of requirements of fire safety 1. Violation of
requirements of fire safety by person, responsible for their
observance, if it is entailed infliction of grievous or average gravity harm to
human
health or heavy damage to the citizen, organization of the state by negligence,
-
shall be punished by the fine in the amount of up to three thousand monthly
calculation indices of correctional works in the same amount, or restriction of
liberty
for the term of up to three years, or imprisonment for the same term, with
deprivation
of the right to occupy determined posts or to engage in a determined activity
for the
term of up to two years or without it.
2. The same action, entailed the death of person or other grave consequences by
negligence, -
shall be punished by restriction of liberty for the term of two to seven years
or
imprisonment for the same term, with deprivation of the right to occupy
determined posts
or to engage in a determined activity for the term of up to three years or
without it.
3. The action, provided by first part of this Article, entailed the death of two
or more persons by negligence, -
shall be punished by imprisonment for the term of five to ten years with
deprivation of the right to occupy determined posts or to engage in a determined
activity for the term of up to three years or without it.
Article 293. Hooliganism
1. Hooliganism, in other words particularly insolent violation of public order,
expressing a clear disrespect for society, accompanied by use of force to the
citizens
or the threat of its use, as well as destruction of damaging of another’s
property, or
commission of indecent acts, characterizing by exceptional cynicism,-
shall be punished by the fine in the amount of up to two thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to two years, or imprisonment for the same term.
2. The same action, if it:
1) committed by group of persons, group of persons on previous concert;
2) related with resistance to representative of authority or other person,
exercising obligations on security of public order or suppressing violation of
public
order;
3) committed repeatedly;
4) committed on board an aircraft, river, sea vessel, railway transport, -
shall be punished by the fine in the amount of up to five thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to five years, or imprisonment for the same term.
3. The actions, provided by first or second parts of this Article, committed:
1) by criminal group;
2) with the use or attempt to use of fire weapons, gas spray guns, knives, brass
knuckles and other cold weapon or other items, specially adapted to infliction
of harm,
-
shall be punished by restriction of liberty for the term of three to seven years
or imprisonment.
Article 294. Vandalism
Vandalism, in other words desecration of buildings, other constructions,
monuments
of history and culture, natural objects, protected by the state, inscriptions or
pictures, or other actions, injuring public morality, as well as intentional
destruction
of property on the transport or in other public places –
shall be punished by the fine in the amount of up to three hundred monthly
calculation indices or correctional works in the same amount, or community
services for
the term of up to two hundred forty hours, or arrest for the term of up to
seventy five
days.
Article 295. Illegal performance of archeological works 1. Illegal performance
of archeological works on the object of historical-
cultural heritage –
shall be punished by the fine in the amount of up to two thousand monthly
calculation indices of correctional works in the same amount, or restriction of
liberty
for the term of up to two years, or imprisonment for the same term, with
deprivation of
the right to occupy determined posts or to engage in a determined activity for
the term
of three years or without it.
2. The same action, committed:
1) by group of person on previous concert;
2) repeatedly;
3) by person with the use of his (her) official position;
4) with the use of special technical search facilities (metal detector, radars,
magnetic devices, other technical means, allowing to determine existence of
archeological items in the final resting place) or excavating machines, -
shall be punished by the fine in the amount of up to five thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to five years, or imprisonment for the same term, or
deprivation of
the right to occupy determined posts or to engage in a determined activity for
the term
of up to three or without it.
3. The actions, provided by first or second parts of this Article, committed by
criminal group, -
shall be punished by imprisonment for the term of five to ten years.
Chapter 11. CRIMINAL INFRACTIONS AGAINST THE HEALTH OF
POPULATION AND MORALITY
Article 296. Illegal handling with narcotic drugs, psychotropic
substances, their analogues, precursors with no intent of sale 1. Nonmedical
consumption of narcotic drugs, psychotropic substances, their
analogues, precursors in a public places –
shall be punished by the fine in the amount of up to one hundred monthly
calculation indices or correctional works in the same amount, or community
services for
the term of up to one hundred and twenty hours, or arrest for the term of up to
forty
five days.
2. Illegal production, processing, acquisition, storage, transportation with no
intent of sale of narcotic drugs, psychotropic substances, their analogues,
precursors –
shall be punished by the fine in the amount of up to two hundred monthly
calculation indices or correctional works in the same amount, or community
services for
the term of up to one hundred and eighty hours, or arrest for the term of up to
six
days.
3. Illegal production, processing, acquisition, storage, transportation with no
intent of sale of narcotic drugs, psychotropic substances, their analogues on a
large
scale – shall be punished by the fine in the amount of up to three hundred
monthly
calculation indices or correctional works in the same amount, or community
services for
the term of up to two hundred forty hours, or arrest for the term of up to
seventy five
days.
4. Illegal production, processing, acquisition, storage, transportation with no
intent of sale of narcotic drugs, psychotropic substances, their analogues on a
special
large scale –shall be punished by imprisonment for the term of three to seven
years.
Note.
1. Amount of narcotic drugs, psychotropic substances shall be determined by
Summary table on referring of narcotic drugs, psychotropic substances, their
analogues
and precursors to the small, large and extra-large sizes, found in the illegal
trafficking, attached to the Law of the Republic of Kazakhstan “On narcotic
drugs,
psychotropic substances, their analogues, precursors and countermeasures to
their
illegal trafficking and abuse them”. Small, large and extra-large sizes of
analogues of
narcotic drugs and psychotropic substances correspond to the small, large and
extra-
large sizes of narcotic drugs and psychotropic substances, analogues of which
they are.
2. A person, voluntary surrendered narcotic drugs, psychotropic substances,
their
analogues, precursors, acquired by him (her) for personal consumption, or
voluntary
applied to the medical settings for rendering of medical assistance in relation
of
consumption of narcotic drugs, psychotropic substances, their analogues in
non-medical
purposes, or actively contributed to detection and suppression of crimes related
with
illegal trafficking of narcotic drugs, psychotropic substances, their analogues,
precursors, exposure of persons, committed them, discovery of property, obtained
by
criminal way shall be released from criminal responsibility on this Article.
Article 297. Illegal production, processing, acquisition,
storage, transportation in order to sale, transfer or sale of
narcotic drugs, psychotropic substances, their analogues
1. Illegal production, processing, acquisition, storage, transportation in order
to sale, transfer or sale of narcotic drugs, psychotropic substances, their
analogues –
shall be punished by imprisonment for the term of five to ten years with
confiscation of property.
2. The same actions, committed in relation of narcotic drugs, psychotropic
substances, their analogues on a large scale, -
shall be punished by imprisonment for the term of six to twelve years with
confiscation of property.
3. The actions, provided by first part of this Article, committed:
1) by group of persons on previous concert;
2) repeatedly;
3) in relation of narcotic drugs, psychotropic substances, their analogues on a
special large scale;
4) by civil servant with the use of official position, -
shall be punished by imprisonment for the term of ten to fifteen years with
confiscation of property.
4. The actions, provided by first, second or third parts of this Article,
committed by criminal group, as well as sale of narcotic drugs, psychotropic
substances,
their analogues in the educational organizations or to the certainly the minor -
shall be punished by imprisonment for the term of fifteen to twenty years or
life
imprisonment, with confiscation of property.
Article 298. Theft or extortion of narcotic drugs, psychotropic
substances, their analogues
1. Theft or extortion of narcotic drugs, psychotropic substances, their
analogues
– shall be punished by imprisonment for the term of three to seven years.
2. The same action, committed:
1) by group of persons on previous concert;
2) repeatedly;
3) by person with the use of his (her) official position;
4) with the use of force, not danger for life or health, or with the threat of
use of such force, -
shall be punished by imprisonment for the term of six to ten years with
confiscation of property.
3. The actions, provided by first or second parts of this Article, committed:
1) by criminal group;
2) in relation of narcotic drugs, psychotropic substances, their analogues on a
large scale;
3) with the use of force, danger to life or health, or with the threat of use of
such force, -
shall be punished by imprisonment for the term of ten to fifteen years with
confiscation of property.
4. The actions, provided by first, second or third parts of this Article,
committed in relation of narcotic drugs, psychotropic substances, their
analogues on a
special large scale, -
shall be punished by imprisonment for the term of fifteen to twenty years or
life
imprisonment, with confiscation of property.
Article 299. Habitual use of narcotic drugs, psychotropic
substances, their analogues
1. Habitual use of narcotic drugs, psychotropic substances, their analogues –
shall be punished by the fine in the amount of up to four thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to four years, or imprisonment for the same term.
2. The same action, committed:
1) by group of persons on previous concert;
2) repeatedly –
shall be punished by imprisonment for the term of three to eight years.
3. The actions, provided by first or second parts of this Article, committed:
1) in relation of certainly minor or two or more persons;
2) with the use of force or the threat of its use;
3) by criminal group, -
shall be punished by imprisonment for the term of seven to ten years.
4. The actions, provided by first, second or third parts of this Article, if
they
are entailed the death of injured person or other grave consequences by
negligence, -
shall be punished by imprisonment for the term of fifteen to twenty years or
life
imprisonment.
Article 300. Illegal cultivation of plants, containing narcotic
substances, prohibited to cultivation 1. Planting or cultivation of plants,
prohibited to cultivation or cultivation
of varieties of hemp, poppy and other plants, containing narcotic substances, -
shall be punished by the fine in the amount of up to two thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to two years, or imprisonment for the same term.
2. The same action, committed:
1) by group of persons on previous concert;
2) repeatedly;
3) on a large scale, -
shall be punished by imprisonment for the term of three to eight years.
Article 301. Illegal trafficking poisonous substance, as well
as substances, instruments or equipment, used for production or
processing of narcotic drugs, psychotropic or
poisonous substances 1. Illegal production, processing, acquisition, storage,
transportation,
transfer in order to sale, as well as illegal sale of poisonous substances, not
being
narcotic drugs, psychotropic substances, or instruments or equipment for their
production or processing, -
shall be punished by imprisonment for the term of up to five years.
2. Illegal production, processing, acquisition, storage, transportation,
transfer
in order to sale, as well as illegal sale of substances, instruments or
equipment, used
for production or processing of narcotic substances, psychotropic substances, -
shall be punished by imprisonment for the term of up to six years.
3. The actions, provided by first or second parts of this Article, committed:
1) by person with the use of his (her) official position;
2) by group of persons on previous concert;
3) repeatedly, -
shall be punished by imprisonment for the term of five to eight years.
4. The actions, provided by first or second parts of this Article, committed by
criminal group, -
shall be punished by imprisonment for the term of seven to ten years.
Article 302. Organization or keeping disorderly houses for
consumption of narcotic substances, psychotropic substances,
their analogues and provision of premises for the same purposes 1. Organization
or keeping disorderly houses for consumption of narcotic
substances, psychotropic substances, their analogues, as well as provision of
premises
for the same purposes –
shall be punished by imprisonment for the term of three to seven years with
confiscation of property.
2. The same actions, committed:
1) by person with the use of his (her) official position;
2) repeatedly;
3) by criminal group, -
shall be punished by imprisonment for the term of seven to twelve years with
confiscation of property.
Article 303. Violation of rules of handling with narcotic
drugs, psychotropic or poisonous substances
1. Violation of rules of production, making, processing, acquisition, storage,
record, sale, transportation, import, export, transmission or destruction of
narcotic
drugs, psychotropic or poisonous substances, if this action is committed by
person,
observance of specified rules of which is included in the obligations, -
shall be punished by the fine in the amount of up to three hundred monthly
calculation indices or correctional works in the same amount, or community
services for
the term of up to two hundred forty hours, or arrest for the term of up to
seventy five
days, with deprivation of the right to occupy determined posts or to engage in a
determined activity for the term of up to three years or without it.
2. The same action, entailed the theft of narcotic drugs, psychotropic or
poisonous substances or other grave consequences, -
shall be punished by the fine in the amount of up to three thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to three years, or imprisonment for the same term, with
deprivation
of the right to occupy determined posts or to engage in a determined activity
for the
term of up to three years.
Article 304. Violation of sanitary rules or hygienic
regulations
1. Violation of sanitary rules or hygienic regulations, entailed the mass
diseases,
infection, irradiation or poisoning people, -
shall be punished by the fine in the amount of up to two thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to two years, or imprisonment for the same term, with
deprivation of
the right to occupy determined posts or to engage in a determined activity for
the term
of up to three years or without it.
2. The same action, entailed the death of person by negligence, -
shall be punished by restriction of liberty for the term of up to five years or
imprisonment for the same term.
3. An action, provided by first part of this Article, entailed the death of two
or
more persons by negligence, -
shall be punished by imprisonment for the term of five to ten years with
deprivation of the right to occupy determined posts or to engage in a determined
activity for the term of up to three years or without it.
Article 305. Information hiding on consequences, creating a
danger for life or health of people 1. Hiding or misrepresentation of
information on events, facts or occurrences,
creating a danger for life or health of people or environment, committed by
person, who
is obliged to provide the population with such information, -
shall be punished by the fine in the amount of up to two thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to two years, or imprisonment for the same term, with
deprivation of
the right to occupy determined posts or to engage in a determined activity for
the term
of up to three years or without it.
2. The same action, entailed infliction of harm to health of person or other
grave consequences by negligence, -
shall be punished by the fine in the amount of up to four thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to four years, or imprisonment for the same term, with
deprivation of
the right to occupy determined posts or to engage in a determined activity for
the term
of up to three years or without it.
Article 306. Release or sale of goods, execution of works or
rendering of services, not meeting the requirements of safety 1. Release or sale
of goods, execution of works or rendering of services, not
meeting the requirements of safety of life or health of consumers, as well as
illegal
issuance or use of official document, certifying compliance of specified goods,
works or
services with the requirements of safety, if these actions are entailed
infliction of
harm to health of person by negligence, -
shall be punished by the fine in the amount of up to three hundred monthly
calculation indices or correctional works in the same amount, or community
services for
the term of up to two hundred forty hours, or arrest for the term of up to
seventy five
days, with deprivation of the right to occupy determined posts or to engage in a
determined activity for the term of up to three years or without it.
2. The same actions, if they:
1) committed in relation of goods, works or services, intended for the minors;
2) entailed infliction of harm to health of two or more persons by negligence, -
shall be punished by the fine in the amount of up to five thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to five years, or imprisonment for the same term, with
deprivation of
the right to occupy determined posts or to engage in a determined activity for
the term
of up to three years or without it.
3. The actions, provided by first or second parts of this Article, entailed the
death of person by negligence, - shall be punished by imprisonment for the term
of four
to eight years.
Article 307. Organization of illegal gambling business 1. Illegal opening or
maintenance of gambling establishment or illegal
organization of activity in the scope of gambling business, as well as provision
of
premises for illegal gambling business or organization and gaming of gambles out
of
places, established by the legislation of the Republic of Kazakhstan on gambling
business, or carrying out of activity in the scope of gambling business without
of
license –
shall be punished by the fine in the amount of up to two thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to two years, or imprisonment for the same term, with
confiscation of
property.
2. The same actions, committed:
1) with the use of the minor or his (her) participation in the gamble games;
2) by group of persons on previous concert;
3) with deriving income on a large scale;
4) by person with the use of his (her) official position, -
shall be punished by the fine in the amount of up to five thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to five years, or imprisonment for the same term, with
confiscation
of property.
3. The actions, provided by first or second parts of this Article, committed:
1) by criminal group;
2) with deriving income on a large scale;
3) by person, authorized to performance of the state functions, or by person
equated to him (her), or by person, holding responsible state position,
personally or by
authorized person, contrary to the prohibition, established by the Law, if these
actions
are linked with provision of benefits and advantages to such activity or with
protection
in other form, -
shall be punished by imprisonment for the term of four to seven years with
confiscation of property, and in the cases, provided by paragraph 3), with
deprivation
of the right to occupy determined posts or to engage in a determined activity
for life.
Article 308. Involvement in prostitution
1. Involvement in prostitution by use of force or the threat of its use, use of
dependent position, extortion, destruction or damaging of property or by false
pretenses
–
shall be punished by the fine in the amount of up to three thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of three years, or imprisonment for the same term, with
confiscation of
property.
2. The same action, committed by group of persons on previous concert or
repeatedly,-
shall be punished by imprisonment for the term of three to six years with
confiscation of property.
3. The actions, provided by first or second parts of this Article, committed by
criminal group, -
shall be punished by imprisonment for the term of five to seven years with
confiscation of property.
Article 309. Organization or keeping disorderly houses for
prostitution and procuration
1. Organization or keeping disorderly houses for prostitution, as well as
procuration with mercenary motives –
shall be punished by imprisonment for the term of five years with confiscation
of
property.
2. The same actions, committed:
1) by group of person on previous concert;
2) repeatedly;
3) linked with involvement of the minor for prostitution, -
shall be punished by imprisonment for the term of three to seven years with
confiscation of property.
3. The actions, provided by first or second parts of this Article, committed by
criminal group, -
shall be punished by imprisonment for the term of five to ten years with
confiscation of property.
Article 310. Organization or keeping disorderly houses for
stupefying with the use of medicinal or other products 1. Organization or
keeping disorderly houses for stupefying with the use of
medicinal or other products and substances, not referring to the narcotic drugs,
psychotropic substance, their analogues, as well as provision of premises for
these
purposes –
shall be punished by the fine in the amount of up to two thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to two years, or imprisonment for the same term, with
confiscation of
property.
2. The same actions, committed by criminal group, - shall be punished by
imprisonment for the term of three to seven years with confiscation of property.
Article 311. Illegal distribution of pornographic
materials or items Illegal production for the purposes of distribution or
advertisement,
distribution, advertisement of pornographic materials or items, as well as
illegal
movement or trade of printed publications, film or video materials, images or
other
items of pornographic nature –
shall be punished by the fine in the amount of up to two thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the same term of up to two years, or imprisonment for the same term, with
confiscation of property or without it.
Article 312. Production and turnover of materials or items with
pornographic images of the minors or their involvement for
participation in the entertainment events of
pornographic nature
1. Production, storage or transfer across the State border of the Republic of
Kazakhstan for the purposes of distribution, public demonstration or
advertisement or
distribution, public demonstration or advertisement of materials or items with
pornographic images of the minors – shall be punished by imprisonment for the
term of
three to six years with confiscation of property.
2. Involvement of the minors as executors for participation in the entertainment
events of pornographic nature by person, attained the age of eighteen, - shall
be
punished by imprisonment for the term of five to seven years with confiscation
of
property.
3. The actions, provided by first or second parts of this Article, committed:
1) by parent, teacher or other person, to whom the obligations of upbringing of
the minor are imposed by the Law of the Republic of Kazakhstan;
2) in relation of certainly the minor;
3) by group of persons on previous concert or by criminal group, -
shall be punished by imprisonment for the term of five to eight years with
confiscation of property, with deprivation of the right to occupy determined
posts or to
engage in a determined activity for the term of ten years, and in the cases,
provided by
paragraphs 1) and 2), with deprivation of the right to occupy determined posts
or to
engage in a determined activity for life.
Article 313. Illegal distribution of works, propagandizing
cruelty and violence
Illegal production in order to distribution or advertisement, distribution,
advertisement, demonstration of film or video materials and other works,
propagandizing
cruelty and violence, as well as illegal trade of print publications, film or
video
materials, propagandizing cruelty and violence, -
shall be punished by the fine in the amount of up to two thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to two years, or imprisonment for the same term, with
confiscation of
property or without it.
Article 314. Desecration of the dead persons and places of
their burial places 1. Desecration of the dead persons or destruction, damaging
or desecration of
burial places, gravestone constructions or cemetery buildings, intended for the
ceremonies in connection with the burial or commemoration, -
shall be punished by the fine in the amount of up to three thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to three years, or imprisonment for the same term.
2. The same actions, committed:
1) repeatedly;
2) by group of persons, group of persons on previous concert or criminal group;
3) on grounds of national, racial or religious hatred or enmity;
4) with the use of force or the threat of its use, -
shall be punished by the fine in the amount of up to five thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to five years, with imprisonment for the same term.
Article 315. Illegal removal of organs or body tissues of
dead body
1. Illegal removal of organs or body tissues of dead body for transplantation or
other use, as well as settlement of transactions in relation of organs or
tissues of
dead body –
shall be punished by imprisonment for the term of up to three years with
deprivation of the right to occupy determined posts or to engage in a determined
activity for the term of up to three years or without it.
2. The same actions, committed:
1) by group of persons, group of persons on previous concert or criminal group;
2) repeatedly;
3) by person with the use of his (her) official position, -
shall be punished by imprisonment for the term of three to six years with
deprivation of the right to occupy determined posts or to engage in a determined
activity for the term of up to three years or without it.
Article 316. Cruelty to animals 1. Cruelty to animals, entailed the death or
injure, if this action is committed
for hooligan motives or with the use of sadistic methods or in the presence of
minors, -
shall be punished by the fine in the amount of up to two hundred monthly
calculation indices or correctional works in the same amount, or community
services for
the term of up to one hundred eighty hours, or arrest for the term of up to
sixty days.
2. The same action, committed by group of persons or group of persons on
previous
concert, or repeatedly, -
shall be punished by the fine in the amount of up to five hundred monthly
calculation indices or correctional works in the same amount, or community
services for
the term of up to three hundred hours, or arrest for the term of up to ninety
days.
Chapter 12. MEDICAL CRIMINAL INFRACTIONS
Article 317. Improper performance of professional obligations
by medical or pharmaceutical employee
1. Non-performance or improper performance of professional obligations by
medical or pharmaceutical employee due to negligent or unconscientious attitude
to them,
as well as nonobservance of procedure or standards of rendering of medical
assistance,
if these actions are entailed infliction of average gravity harm to health of
person by
negligence, -
shall be punished by the fine in the amount of up to two hundred monthly
calculation indices or correctional works in the same amount, or community
services for
the term of up to one hundred and eighty hours, or arrest for the term of up to
sixty
days, with deprivation of the right to occupy determined posts or to engage in a
determined activity for the term of up to one year or without it.
2. The actions, provided by first part of this Article, entailed infliction of
grievous harm to the health by negligence, -
shall be punished by the fine in the amount of up to three thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to three years, or imprisonment for the same term, with
deprivation
of the right to occupy determined posts or to engage in a determined activity
for the
term of up to three years.
3. The actions, provided by first part of this Article, entailed the death of
person by negligence, -
shall be punished by imprisonment for the term of up to five years with
deprivation of the right to occupy determined posts or to engage in a determined
activity for the term of up to three years.
4. The actions, provided by first part of this Article, entailed the death of
two
or more persons by negligence, - shall be punished by imprisonment for the term
of three
to seven years with deprivation of the right to occupy determined posts or to
engage in
a determined activity for the term of three years.
5. Improper performance of professional obligations by medical employee, as well
as employee of organization of domestic or other service to the population due
to
negligent or unconscientious attitude to them, if this action is entailed
infection of
other person with HIV / AIDS – shall be punished by imprisonment for the term of
up to
five years with deprivation of the right to occupy determined posts or to engage
in a
determined activity for the term of up to three years.
Article 318. Violation of procedure of conducting of the
clinical researches and use of the new methods and means of
prevention, diagnosis, treatment and medical rehabilitation 1. Violation of
procedure of conducting of the clinical researches by medical
employee and use of the new methods and means of prevention, diagnosis,
treatment and
medical rehabilitation –
shall be punished by the fine in the amount of up to two thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to two years, or imprisonment for the same term, with
deprivation of
the right to occupy determined posts or to engage in a determined activity for
the term
of up to three years.
2. The same action, committed by civil servant or entailed the grave
consequences,-
shall be punished by the fine in the amount of up to four thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to four years, or deprivation of the right to occupy
determined posts
or to engage in a determined activity for the term of up to five years.
Article 319. Illegal performance of abortion
1. Performance of abortion by person, not having graduate medical education of
relevant profile, - shall be punished by the fine in the amount of up to two
thousand
monthly calculation indices or correctional works in the same amount, or
restriction of
liberty for the term of up to two years, or imprisonment for the same term.
2. The action, provided by first part of this Article, committed repeatedly, -
shall be punished by the fine in the amount of up to four thousand monthly
calculation
indices in the same amount, or restriction of liberty for the term of up to four
years,
or imprisonment for the same term.
3. Illegal performance of abortion by person, having graduate medical education
of
relevant profile, - shall be punished by the fine in the amount of up to one
thousand
monthly calculation indices or correctional works in the same amount, or
restriction of
liberty for the term of up to one year, or imprisonment for the same term, with
deprivation of the right to occupy determined posts or to engage in a determined
activity for the term of up to three years.
4. The action, provided by third part of this Article, committed repeatedly, -
shall be punished by the fine in the amount of up to three thousand monthly
calculation
indices or correctional works in the same amount, or restriction of liberty for
the term
of up to three years, or imprisonment for the same term, with deprivation of the
right
to occupy determined posts or to engage in a determined activity for the term of
up to
three years.
5. Illegal performance of abortion, entailed the death of injured person or
infliction of grievous harm to her health by negligence,- shall be punished by
imprisonment for the term of three to seven years with deprivation of the right
to
occupy determined posts or to engage in a determined activity for the term of up
to
three years or without it.
Article 320. Failure to assist sick person
1. Failure to assist sick person without acceptable reasons by person, obligated
to provide it in accordance with the Law of the Republic of Kazakhstan or by
special
rule, if it is entailed infliction of average gravity harm to health of sick
person by
negligence, - shall be punished by the fine in the amount of up to three hundred
monthly
calculation indices or correctional works in the same amount, or community
services for
the term of up to two hundred forty hours, or arrest for the term of up to
seventy five
days, with deprivation of the right to occupy determined posts or to engage in a
determined activity for the term of up to two years or without it.
2. The same action, if it is entailed the death of sick person or infliction of
grievous harm to his (her) health by negligence, - shall be punished by the fine
in the
amount of up to five thousand monthly calculation indices or correctional works
in the
same amount, or restriction of liberty for the term of up to five years, or
imprisonment
for the same term, with deprivation of the right to occupy determined posts or
to engage
in a determined activity for the term of up to three years.
Article 321. Disclosure of medical secret
1. Disclosure of medical details on diseases or results of medical examination
of patient, expressed in the report information about a person who has HIV /
AIDS by
medical employee without professional or needs of the service, -
shall be punished by the fine in the amount of up to three hundred monthly
calculation indices or correctional works in the same amount, or community
services for
the term of up to two hundred forty hours, or arrest for the term of up to
seventy five
days, with deprivation of the right to occupy determined posts or to engage in a
determined activity for the term of up to three years.
2. Disclosure of medical details on diseases or results of medical examination
of
patient by medical employee without professional needs or needs of the service,
if this
action is entailed the grave consequences, -
shall be punished by the fine in the amount of up to four thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to four years or imprisonment for the same term, with
deprivation of
the right to occupy determined posts or to engage in a determined activity for
the term
of up to three years or without it.
Article 322. Illegal medical and pharmaceutical activity and
illegal issuance or forgery of prescriptions or other
documents, granting the right to obtain the narcotic drugs
or psychotropic substances
1. Engagement in medical or pharmaceutical activity by person, not having a
certificate and (or) license for this type of activity, if it is entailed
infliction of
average gravity harm to health of person by negligence, -
shall be punished by the fine in the amount of up to three hundred monthly
calculation indices or correctional works in the same amount, or community
services for
the term of up to two hundred forty hours, or arrest for the term of up to
seventy five
days, with deprivation of the right to occupy determined posts or to engage in a
determined activity for the term of up to two years or without it.
2. The same action, entailed infliction of grievous harm to human health by
negligence, - shall be punished by the fine in the amount of up to three
thousand
monthly calculation indices in the same amount, or restriction of liberty for
the term
of up to three years or imprisonment for the same term, with deprivation of the
right to
occupy determined posts or to engage in a determined activity for the term of up
to
three years or without it.
3. The action, provided by first part of this Article, entailed the death of
person by negligence, - shall be punished by restriction of liberty for the term
of up
to five years or imprisonment for the same term, with deprivation of the right
to occupy
determined posts or to engage in a determined activity for the term of up to
three years
or without it.
4. The action, provided by first part of this Article, entailed the death of two
or more persons by negligence, - shall be punished by restriction of liberty for
the
term of three to seven years or imprisonment for the same term, with deprivation
of the
right to occupy determined posts or to engage in a determined activity for the
term of
up to three years or without it.
5. Illegal issuance or forgery of prescriptions or other documents, granting the
right to obtain the narcotic drugs or psychotropic substances, - shall be
punished by
the fine in the amount of up to five thousand monthly calculation indices or
correctional works in the same amount, or restriction of liberty for the term of
up to
five years, or imprisonment for the same term, with deprivation of the right to
occupy
determined posts or to engage in a determined activity for the term of up to
three years
or without it.
Article 323. Handling with counterfeit drugs, medical products
or medical equipment 1. Production, preparation or storage in order to sale, as
well as the use or sale
of counterfeit drugs, medical products or medical equipment, if it is entailed
the grave
consequences, - shall be punished by the fine in the amount of up to two
thousand
monthly calculation indices or correctional works in the same amount, or
restriction of
liberty for the term of up to two years, or imprisonment for the same term, with
confiscation of property, with deprivation of the right to occupy determined
posts or to
engage in a determined activity for the term of up to two years or without it.
2. The same actions, committed:
1) by group of persons on previous concert;
2) repeatedly;
3) on a large scale, -
shall be punished by the fine in the amount of up to five thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to five years, or imprisonment for the same term, with
confiscation
of property, with deprivation of the right to occupy determined posts or to
engage in a
determined activity for the term of up to three years or without it.
3. The actions, provided by first or second parts of this Article, committed by
criminal group, - shall be punished by imprisonment for the term of five to ten
years
with confiscation of property, with deprivation of the right to occupy
determined posts
or to engage in a determined activity for the term of up to five years or
without it.
Chapter 13. ENVIRONMENTAL CRIMINAL INFRACTION
Article 324. Violation of environmental requirements to the
economic or other activity
1. Violation of environmental requirements in the use of natural resources,
designing, placement, construction or reconstruction, putting into operation or
operation of enterprises, buildings or other objects, operation of industry,
energy,
transportation or communication facilities, facilities of an agricultural nature
and
land reclamation, construction of cities or other inhabited localities to the
military
or defense facilities, military or space activity, if this action is entailed or
may be
entailed infliction of heavy damage to the environment, or inflicted harm to
human
health,- shall be punished by the fine in the amount of up to three thousand
monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to three years, or imprisonment for the same term, with
deprivation
of the right to occupy determined posts or to engage in a determined activity
for the
term of up to two years or without it.
2. The action, provided by first part of this Article, entailed infliction the
special heavy damage to environment or the death of person, or mass disease of
people –
shall be punished by imprisonment for the term of three to seven years with
deprivation
of the right to occupy determined posts or to engage in a determined activity
for the
term of up to three years or without it.
Article 325. Violation of environmental requirements upon
handling with environmentally potentially dangerous chemical or
biological substances
1. Violation of environmental requirements upon production, transportation,
storage, disposal, use or other handling with environmentally potentially
dangerous
chemical or biological substances, if this action is entailed or may entail
infliction
of significant damage to environment or inflicted harm to human health, -
shall be punished by the fine in the amount of up to three hundred monthly
calculation indices or correctional works in the same amount, or community
services for
the term of up to two hundred forty hours,or arrest for the term of up to
seventy five
days.
2. The same action, inflicted or created a threat of infliction of heavy damage
to
environment, as well as committed in the territory with environmental emergency,
- shall
be punished by the fine in the amount of up to three thousand monthly
calculation
indices or correctional works in the same amount, or restriction of liberty for
the term
of up to three years, or imprisonment for the same term, with deprivation of the
right
to occupy determined posts or to engage in a determined activity for the term of
up to
two years or without it.
3. The actions, provided by first or second parts of this Article, entailed
infliction of specially heavy damage to environment or the death of person, or
mass
disease of people, - shall be punished by imprisonment for the term of two to
seven
years with deprivation of the right to occupy determined posts or to engage in a
determined activity for the term of up to three years.
Article 326. Violation of environmental requirements upon
handling with microbiological or other biological
agents or toxins
1. Violation of environmental requirements upon storage, destruction or disposal
of microbiological or other biological agents or toxins or their illegal
importation to
the Republic of Kazakhstan for processing, storage or disposal, if this action
is
entailed or may entail infliction of significant damage to environment or
inflicted harm
to human health, - shall be punished by the fine in the amount of up to three
hundred
monthly calculation indices or correctional works in the same amount, or
community
services for the term of up to two hundred forty hours, or arrest for the term
of up to
seventy five days.
2. The same action, inflicted or created a threat of infliction of heavy damage
to
environment, as well as committed in the territory with environmental emergency,
- shall
be punished by the fine in the amount of up to three thousand monthly
calculation
indices or correctional works in the same amount, or restriction of liberty for
the term
of up to three years, or imprisonment for the same term, with deprivation of the
right
to occupy determined posts or to engage in a determined activity for the term of
up to
two years or without it.
3. The actions, provided by first or second parts of this Article, entailed
infliction of specially heavy damage to environment or the death of person, or
mass
disease of people, - shall be punished by imprisonment for the term of three to
seven
years with deprivation of the right to occupy determined posts or to engage in a
determined activity for the term of up to three years or without it.
Article 327. Violation of veterinary rules or rules,
established for disease control and plant pests
1. Violation of veterinary rules, entailed spread of epizootic or other grave
consequences, - shall be punished by the fine in the amount of up to three
thousand
monthly calculation indices or correctional works in the same amount, or
restriction of
liberty for the term of up to three years, or imprisonment for the same term.
2. Violation of rules, established for disease control and plant pests, entailed
the grave consequences, - shall be punished by the fine in the amount of up to
two
thousand monthly calculation indices or correctional works in the same amount,
or
restriction of liberty for the term of up to two years or imprisonment for the
same
term.
Article 328. Pollution, clogging or depletion of waters 1. Pollution, clogging
or depletion of surface or ground waters, glaciers, sources
of domestic water supply or other changes of their natural properties, if it is
entailed
or may entail infliction of significant damage to environment or inflicted harm
to human
health, - shall be punished by the fine in the amount of up to three hundred
monthly
calculation indices or correctional works in the same amount, or community
services for
the term of up to two hundred forty hours, or arrest for the term of up to
seventy five
days.
2. The same actions, inflicted or created a threat of infliction of heavy damage
to environment, as well as committed on the specially protected natural sites or
in the
territories with environmental emergency, - shall be punished by the fine in the
amount
of up to three thousand monthly calculation indices or correctional works in the
same
amount, or restriction of liberty for the term of up to three years, or
imprisonment for
the same term, with deprivation of the right to occupy determined posts or to
engage in
a determined activity for the term of up to two years or without it.
3. The actions, provided by first or second parts of this Article, entailed
infliction of specially heavy damage to environment or the death of person, or
mass
disease of people, - shall be punished by imprisonment for the term of two to
seven
years with deprivation of the right to occupy determined posts or to engage in a
determined activity for the term of up to three years or without it.
Article 329. Pollution of the atmosphere
1. Atmospheric air pollution or other changes of their natural properties, due
to
violation of environmental requirements, if it is entailed infliction of
significant
damage to environment or inflicted harm to human health, - shall be punished by
the fine
in the amount of up to three thousand monthly calculation indices or
correctional works
in the same amount, or restriction of liberty for the term of up to three years,
or
imprisonment for the same term, with deprivation of the right to occupy
determined posts
or to engage in a determined activity for the term of up to two years or without
it.
3. The same actions, entailed infliction of specially heavy damage to
environment
or the death of person, or mass disease of people, - shall be punished by
imprisonment
for the term of three to seven years with deprivation of the right to occupy
determined
posts or to engage in a determined activity for the term of up to three years or
without
it.
Article 330. Pollution of the marine environment
1. Pollution of the marine environment due to violation of environmental
requirements, if it is entailed infliction of significant damage to environment
or
inflicted harm to human health, - shall be punished by the fine in the amount of
up to
three thousand monthly calculation indices or correctional works in the same
amount, or
restriction of liberty for the term of up to three years, or imprisonment for
the same
term, with deprivation of the right to occupy determined posts or to engage in a
determined activity for the term of up to two years or without it.
3. The same action, entailed infliction of specially heavy damage to environment
or the death of person, or mass disease of people, - shall be punished by
imprisonment
for the term of three to seven years with deprivation of the right to occupy
determined
posts or to engage in a determined activity for the term of up to three years or
without
it.
Article 331. Violation of the legislation on continental shelf
of the Republic of Kazakhstan and exclusive economic zone of
the Republic of Kazakhstan 1. Illegal erection of construction on the
continental shelf of the Republic of
Kazakhstan, creation the safety zone around them or in the exclusive economic
zone of
the Republic of Kazakhstan, as well as violation of rules of construction,
operation,
protection and liquidation of built structures and means to ensure the safety of
maritime navigation – shall be punished by the fine in the amount of up to two
thousand
monthly calculation indices or correctional works in the same amount, or
restriction of
liberty for the term of up to three years, or imprisonment for the same term,
with
deprivation of the right to occupy determined posts or to engage in a determined
activity for the term of up to one year or without it.
2. Investigation, exploration, development of the natural resources of the
continental shelf of the republic of Kazakhstan or exclusive economic zone of
the
Republic of Kazakhstan, conducted without relevant permission, - shall be
punished by
the fine in the amount of up to five hundred monthly calculation indices or
correctional
works in the same amount, or community services for the term of up to three
hundred
hours, or arrest for the term of up to ninety days, with deprivation of the
right to
occupy determined posts or to engage in a determined activity for the term of up
to
three years or without it.
Article 332. Spoilage of land 1. Foulness of land by industrial, domestic or
other emissions or wastes, as well
as poisoning, pollution or other spoilage of land by harmful products economic
or other
activity due to violation of rules of handling with toxic chemicals,
fertilizers, plant
growth stimulants or other hazardous chemical, radioactive or biological
substances
during their storage, use, transportation or disposal, if these actions are
entailed or
may entail infliction of heavy damage to the environment or inflicted harm to
human
health, - shall be punished by the fine in the amount of up to three thousand
monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to three years, or imprisonment for the same term, with
deprivation
of the right to occupy determined posts or to engage in a determined activity
for the
term of up to two years or without it.
2. The same actions, entailed infliction of specially heavy damage to
environment
or the death of person, or mass disease of people, as well as committed in the
territory
with environmental emergency, - shall be punished by imprisonment for the term
of three
to seven years, with deprivation of the right to occupy determined posts or to
engage in
a determined activity for the term of up to three years or without it.
Article 333. Violation of rules of protection and
use of subsoil
1. Violation of rules of protection and use of subsoil upon designing and
conducting operations on subsoil use, as well as common environmental
requirements at
all stages of subsoil use, if this action is entailed or may entail infliction a
heavy
damage to the environment, or inflicted harm to human health, -
shall be punished by the fine in the amount of up to three thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to three years, or imprisonment for the same term, with
deprivation
of the right to occupy determined posts or to engage in a determined activity
for the
term of up to two years or without it.
2. The same action, entailed infliction of specially heavy damage to environment
or the death of person, or mass disease of people, - shall be punished by
imprisonment
for the term of three to seven years with deprivation of the right to occupy
determined
posts or to engage in a determined activity for the term of up to three years or
without
it.
Article 334. Unauthorized subsoil use
1. Unauthorized subsoil use, as well as unauthorized extraction of commercial
minerals, if these actions are inflicted a heavy damage, - shall be punished by
the fine
in the amount of up to five hundred monthly calculation indices or correctional
works in
the same amount, or community services for the term of up to three hundred
hours, or
arrest for the term of up to ninety days, with deprivation of the right to
occupy
determined posts or to engage in a determined activity for the term of up to
three years
or without it.
2. The same actions, entailed infliction of specially heavy damage, - shall be
punished by the fine in the amount of up to three thousand monthly calculation
indices
or correctional works in the same amount, or restriction of liberty for the term
of up
to three years, or imprisonment for the same term, with deprivation of the right
to
occupy determined posts or to engage in a determined activity for the term of up
to
three years or without it.
3. The actions, provided by first or second parts of this Article, committed by
criminal group, - shall be punished by imprisonment for the term of up to five
years.
Article 335. Illegal extraction of fish resources, other
aquatic animals or plants
1. Illegal extraction of fish resources, other aquatic animals or plants, if
this
action is committed:
1) with infliction of significant damage;
2) with the use of explosives or chemical substances, electro current or other
methods of mass destruction of fishery resources and other aquatic animals and
plants,-
shall be punished by the fine in the amount of up to three hundred monthly
calculation
indices or correctional works in the same amount, or community services for the
term of
up to two hundred forty hours, or arrest for the term of up to seventy five
days, with
deprivation of the right to occupy determined posts or to engage in a determined
activity for the term of up to three years.
2. The same action, committed repeatedly,- shall be punished by the fine in the
amount of up to five hundred monthly calculation indices or correctional works
in the
same amount, or community services for the term of up to three hundred hours, or
arrest
for the term of up to ninety days, with deprivation of the right to occupy
determined
posts or to engage in a determined activity for the term of up to three years.
3. The actions, provided by first or second parts of this Article, committed:
1) in relation of sturgeon types of fishes;
2) in the spawning grounds or migration routes to them;
3) by person with the use of his (her) official position;
4) by group of person on previous concert;
5) with the use of self-propelled transport floating means;
6) on the specially protected natural sites and in the territories with
environmental emergency, - shall be punished by the fine in the amount of up to
two
thousand monthly calculation indices or correctional works in the same amount,
or
restriction of liberty for the term of up to two years, or imprisonment for the
same
term, with deprivation of the right to occupy determined posts or to engage in a
determined activity for the term of up to three years.
4. The actions, provided by first, second or third parts of this Article,
committed with infliction of heavy damage or criminal group, - shall be punished
by
imprisonment for the term of two to five years with deprivation of the right to
occupy
determined posts or to engage in a determined activity for the term of up to
three
years.
Article 336. Violation of rules of protection of fishery
resources
Violation of rules of protection of fishery resources upon construction of
bridges, dams, performing blasting or other works, operation of water intake
structures
and pumping mechanisms, if this action entailed or may entail mass death of fish
or
other aquatic animals,- shall be punished by the fine in the amount of up to
three
hundred monthly calculation indices or correctional works in the same amount, or
community services for the term of up to two hundred forty hours, or arrest for
the term
of up to seventy five days, with deprivation of the right to occupy determined
posts or
to engage in a determined activity for the term of up to two years or without
it.
Article 337. Illegal hunting 1. Illegal hunting with the use of explosive
devices or other means of mass
destruction of animals, as well as with the use of air, auto, motor-transport
means, as
well as snowmobile equipment, or small vessels – shall be punished by the fine
in the
amount of up to three hundred monthly calculation indices or correctional works
in the
same amount, or community services for the term of up to two hundred forty
hours, or
arrest for the term of up to seventy five days, with deprivation of the right to
occupy
determined posts or to engage in a determined activity for the term of up to one
year.
2. The same action, committed repeatedly,- shall be punished by the fine in the
amount of up to five hundred monthly calculation indices or correctional works
in the
same amount, or community services for the term of up to three hundred hours, or
arrest
for the term of up to ninety days, with deprivation of the right to occupy
determined
posts or to engage in a determined activity for the term of up to one year.
3. The actions, provided by first or second parts of this Article, committed
with
infliction of significant damage, - shall be punished by the fine in the amount
of up to
two thousand monthly calculation indices or correctional works in the same
amount, or
restriction of liberty for the term of up to two years, or imprisonment for the
same
term, with deprivation of the right to occupy determined posts or to engage in a
determined activity for the term of up to two years.
4. The actions, provided by first, second or third parts of this Article,
committed:
1) on specially protected natural sites or territories with environmental
emergency;
2) in relation of rare and being under the threat animal species, as well as
animals, on which a ban on use is imposed;
3) by person with the use of his official position;
4) with infliction of heavy damage, -
shall be punished by the fine in the amount of up to five thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to five years, or imprisonment for the same term, with
deprivation of
the right to occupy determined posts or to engage in a determined activity for
the term
of up to three years.
5. The actions, provided by first, second, third or fourth parts of this
Article,
committed:
1) by criminal group;
2) with infliction of specially heavy damage, -
shall be punished by imprisonment for the term of three to seven years with
deprivation of the right to occupy determined posts or to engage in a determined
activity for the term of up to five years.
Article 338. Violation of rules of protection of animal life Violation of rules
of protection of animal life upon carrying out of industrial
processes or transport vehicle operation, use of plant-protecting agents,
mineral
fertilizers or other preparations, entailed mass destruction or death of the
animal
life, as well as violation of procedure of the use or protection of hunting
lands,
fisheries waters, inflicted a heavy damage, -
shall be punished by the fine in the amount of up to three thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to three years, or imprisonment for the same term, with
deprivation
of the right to occupy determined posts or to engage in a determined activity
for the
term of up to three years.
Article 339. Illegal handling with rare and endangered, as well
prohibited to use the species of plants or animals, their parts
or derivatives Illegal extraction, acquisition, storage, sale, import, export,
transfer,
transportation or destruction of rare and endangered species of plants or
animals, their
parts or derivatives, as well as plants and animals, on which the ban of the use
is
imposed, their parts or derivatives, as well as the destruction of their
habitats –
shall be punished by the fine in the amount of up to three thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to three years, or imprisonment for the same term.
Article 340. Illegal cutting, destruction or damaging of
trees and shrubs
1. Illegal cutting, destruction or damaging of trees and shrubs, not including
in the forest fund and prohibited to cutting, except for the trees and shrubs in
the
household, cottage and garden plots, as well as destruction or damaging of
forest
cultures, seedlings or saplings in the forest nurseries and plantations, as well
as
young forest of natural origin, regrowth, or self-seeding in the squares,
intended for
regeneration of forests and forest cultivation, -
shall be punished by the fine in the amount of up to two hundred monthly
calculation indices or correctional works in the same amount, or community
services for
the term of up to one hundred and eighty hours, or arrest for the term of up to
sixty
days.
2. Illegal cutting, destruction or damaging of trees and shrubs, including in
the
forest fund, -
shall be punished by the fine in the amount of up to three hundred monthly
calculation indices or correctional works in the same amount, or community
services for
the term of up to two hundred forty hours, or arrest for the term of up to
seventy five
days.
3. The actions, provided by first or second parts of this Article, committed:
1) repeatedly;
2) by person with the use of his (her) official position;
3) with infliction of heavy damage;
4) on the specially protected natural sites, -
shall be punished by the fine in the amount of up to five hundred monthly
calculation indices or correctional works in the same amount, or community
services for
the term of up to three hundred hours, or arrest for the term of up to ninety
days, with
deprivation of the right to occupy determined posts or to engage in a determined
activity for the term of up to three years or without it.
4. The actions, provided by first, second or third parts of this Article,
committed by criminal group, -
shall be punished by imprisonment for the term of two to five years.
Article 341. Destruction or damaging of forests 1. Destruction or damaging of
trees and shrubs both included as not included in
the forest fund, except for the trees and shrubs in the household, cottage and
garden
plots, in the result of careless handling of fire or other source of increased
danger,
if this action is inflicted a heavy damage, -
shall be punished by the fine in the amount of up to two thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to two years, or imprisonment for the same term.
2. Intentional destruction or damaging of trees and shrubs both included as not
included in the forest fund, except for the trees and shrubs in the household,
cottage
and garden plots, committed by arson or other dangerous method or in the result
of
pollution by harmful substances, wastes, emissions and garbage, -
shall be punished by imprisonment for the term of three to eight years.
Article 342. Violation of the regime of specially
protected natural sites
1. Violation of the regime of specially protected natural sites, entailed
infliction of significant damage, -
shall be punished by the fine in the amount of up to two hundred monthly
calculation indices or correctional works in the same amount, or community
services for
the term of up to one hundred eighty hours, or arrest for the term of up to
sixty days,
with deprivation of the right to occupy determined posts or to engage in a
determined
activity for the term of up to three years or without it.
2. Intentional damaging or destruction of objects of the state natural-reserved
fund on the specially protected natural sites, entailed infliction of
significant
damage, -
shall be punished by the fine in the amount of up to three thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to three years, or imprisonment for the same term, with
deprivation
of the right to occupy determined posts or to engage in a determined activity
for the
term of up to three years or without it.
Article 343. Failure to take measures on elimination of the
consequences of environmental pollution
1. Evasion of conducting or improper conducting of decontamination or other
rehabilitative measures in the areas, exposed to the environmental pollution, by
persons, to whom the obligation of conducting of such measures is imposed, -
shall be punished by the fine in the amount of up to three hundred monthly
calculation indices or correctional works in the same amount, or community
services for
the term of up to two hundred forty hours, or arrest for the term of up to
seventy five
days.
2. The same action, created the threat of causing of death to the person or
entailed infliction of grievous or average gravity harm to human health, or
inflicted a
heavy damage, -
shall be punished by the fine in the amount of up to three thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to three years, or imprisonment for the same term, with
deprivation
of the right to occupy determined posts or to engage in a determined activity
for the
term of up to two years or without it.
3. The actions, provided by first or second parts of this Article, entailed the
death of person or mass disease of people, or infliction of specially heavy
damage, -
shall be punished by imprisonment for the term of two to seven years with
deprivation of the right to occupy determined posts or to engage in a determined
activity for the term of up to three years or without it.
Chapter 14. TRANSPORT CRIMINAL INFRACTIONS
Article 344. Violation of safety rules or operation of railway,
air, sea or river transport 1. Violation of safety rules or operation of
railway, air, sea or river
transport by person, by virtue of executed work or current position, who is
obliged to
observe these rules, if this action is entailed infliction of grievous or
average
gravity harm to human health or infliction of heavy damage by negligence, -
shall be punished by the fine in the amount of up to two thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to two years, or imprisonment for the same term, with
deprivation of
the right to occupy determined posts or to engage in a determined activity for
the term
of up to three years or without it.
2. The same action, entailed the death of person by negligence, -
shall be punished by imprisonment for the term of up to seven years with
deprivation of the right to occupy determined posts or to engage in a determined
activity for the term of up to three years or without it.
3. An action, provided by firs part of this Article, entailed the death of two
or
more persons by negligence, -
shall be punished by imprisonment for the term of four to ten years with
deprivation of the right to occupy determined posts or to engage in a determined
activity for the term of up to three years or without it.
Article 345. Violation of traffic rules or transport vehicles
operation by persons, driving transport vehicles
1. Violation of traffic rules by person driving a car, trolley, tramway or other
motor vehicle or transport vehicles operation, entailed infliction of average
gravity
harm to the health of person, -
shall be punished by the fine in the amount of up to three hundred monthly
calculation indices or correctional works in the same amount, or community
services for
the term of up to two hundred forty hours, or arrest for the term of up to
seventy five
days, with deprivation of the right to occupy determined posts or to engage in a
determined activity for the term of up to two years.
2. The same action, entailed infliction of grievous harm to the health of person
by negligence, -
shall be punished by the fine in the amount of up to two hundred monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to two years, or imprisonment for the same term, with
deprivation of
the right to occupy determined posts or to engage in a determined activity for
the term
of up to three years.
3. An action, provided by first part of this Article, entailed the death of
person by negligence, -
shall be punished by imprisonment for the term of up to five years with
deprivation of the right to occupy determined posts or to engage in a determined
activity for the term of up to five years.
4. An action, provided by first part of this Article, entailed the death of two
or more persons by negligence, -
shall be punished by imprisonment for the term of five to ten years with
deprivation of the right to occupy determined posts or to engage in a determined
activity for the term of up to seven years.
Article 346. Driving a transport vehicle by person, deprived of
right of driving transport vehicles, being in the state of
alcohol, drug, and (or) toxic intoxication, as well as transfer
of control of the transport vehicle to such person or the
admission to driving transport vehicle of such person
1. Driving a transport vehicle by person, deprived of right of driving transport
vehicles, being in the state of alcohol, drug, and (or) toxic intoxication, or
transfer
of control of the transport vehicle to such person, as well as admission to
driving
transport vehicle of such person, committed by civil servant or possessor or
owner of
the transport vehicle, -
shall be punished by the fine in the amount of up to five hundred monthly
calculation indices or correctional works in the same amount, or community
services for
the term of up to three hundred hours, or arrest for the term of up to ninety
days, with
deprivation of the right to occupy determined posts or to engage in a determined
activity for the term of up to three years.
2. The same actions, entailed infliction of average gravity harm to the health
of
person by negligence, -
shall be punished by the fine in the amount of up to one thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to two years, or imprisonment for the same term, with
deprivation of
the right to occupy determined posts or to engage in a determined activity for
the term
of up to five years.
3. An action, provided by first part of this Article, entailed infliction of
grievous harm to the health of person by negligence,-
shall be punished by the fine in the amount of up to three thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to five years, or imprisonment for the same term, with
deprivation of
the right to occupy determined posts or to engage in a determined activity for
the term
of six years.
4. The actions, provided by first part of this Article, entailed the death of
person by negligence, -
shall be punished by imprisonment for the term of five to seven years with
deprivation of the right to occupy determined posts or to engage in a determined
activity for the term of up to seven years.
5. The actions, provided by first part of this Article, entailed the death of
two
or more persons by negligence, -
shall be punished by imprisonment for the term of seven to ten years with
deprivation of the right to occupy determined posts or to engage in a determined
activity for the term of ten years.
Article 347. Leaving the place of road traffic accident Leaving the place of
road traffic accident by person driving transport vehicle and
violated the traffic rules or vehicles operation, in the case of occurrence of
grave
consequences, provided by Articles 345, 346 of this Code, -
shall be punished by the fine in the amount of up to one thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to two years, or imprisonment for the same term, with
deprivation of
the right to occupy determined posts or to engage in a determined activity for
the term
of up to three years or without it.
Note. A person, who leaved a place of road traffic in connection of rendering of
assistance to injured person shall be released from criminal responsibility
under this
Article.
Article 348. Substandard repair of transport vehicles or
release for service with technical failures 1. Substandard repair of vehicles,
means of communication, signaling means or
communication or other transport equipment, as well as release for service of
certainly
technically disabled transport vehicles by person, responsible for the technical
state
of transport vehicles, or nonfulfillment of requirements of established rules of
ensuring of road safety by civil servant, responsible for the technical state
and
vehicles operation, if these actions are entailed infliction of average gravity
harm to
the health of person by negligence, -
shall be punished by the fine in the amount of up to five hundred monthly
calculation indices or correctional works in the same amount, or community
services for
the term of up to three hundred hours, or arrest for the term of up to ninety
days.
2. The same actions, entailed infliction of grievous harm to the health of
person
by negligence, -
shall be punished by the fine in the amount of up to two thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to two years, or imprisonment for the same term, with
deprivation of
the right to occupy determined posts or to engage in a determined activity for
the term
of up to three years or without it.
3. The actions, provided by first part of this Article, entailed the death of
person by negligence, -
shall be punished by imprisonment for the term of five years with deprivation of
the right to occupy determined posts or to engage in a determined activity for
the term
of up to three years.
4. The actions, provided by first part of this Article, entailed the death of
two
or more persons by negligence, -
shall be punished by imprisonment for the term of four to seven years with
deprivation of the right to occupy determined posts or to engage in a determined
activity for the term of up to five years.
Article 349. Admission to drive the transport vehicle of a
driver, not having a right to drive
1. Admission to drive the transport vehicle of a driver, not having the rights
to drive the transport vehicles or rights to drive the transport vehicles of
relevant
category, by civil servant or possessor or owner of transport vehicle, if this
action is
entailed infliction of average gravity harm to the health of person by
negligence, -
shall be punished by the fine in the amount of up to five hundred monthly
calculation indices or correctional works in the same amount, or community
services for
the term of up to three hundred hours, or arrest for the term of up to ninety
days.
2. The same actions, entailed infliction of grievous harm to the health of
person
by negligence, -
shall be punished by the fine in the amount of up to two thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to two years, or imprisonment for the same term, with
deprivation of
the right to occupy determined posts or to engage in a determined activity for
the term
of up to three years or without it.
3. An action, provided by first part of this Article, entailed the death of
person by negligence, -
shall be punished by imprisonment for the term of five years with deprivation of
the right to occupy determined posts or to engage in a determined activity for
the term
of up to three years.
4. An action, provided by first part of this Article, entailed the death of two
or more persons by negligence, -
shall be punished by imprisonment for the term of up to five years with
deprivation of the right to occupy determined posts or to engage in a determined
activity for the term of up to three years or without it.
Article 350. Intentional disablement of transport vehicles or
means of communication 1. Intentional destruction, damaging or disablement for
operation by other
method of transport vehicles, means of communication, signaling means or
communication
or other transport equipment, as well as blocking of transport services, if
these
actions entailed infliction of grievous or average gravity harm to the health of
person
by negligence or infliction of heavy damage, or derangement of transport and
communication, -
shall be punished by the fine in the amount of up to three thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to four years, or imprisonment for the same term.
2. The same actions, entailed the death of person by negligence, -
shall be punished by imprisonment for the term of three to eight years.
3. The actions, provided by first part of this Article, entailed the death of
two
or more persons by negligence, -
shall be punished by imprisonment for the term of six to ten years.
Article 351. Violation of rules, ensuring the safe
operation of transport 1. Violation of safety rules or transport vehicles
operation by passenger,
pedestrian or other road user (except for the person, driving the transport
vehicle), if
this action is entailed the grievous harm to the health of person by negligence,
-
shall be punished by the fine in the amount of up to three hundred monthly
calculation indices or correctional works in the same amount, or community
services for
the term of up to two hundred forty hours, or arrest for the term of up to
seventy five
days.
2. The same action, entailed the death of person by negligence, -
shall be punished by restriction of liberty for the term of up to four years or
imprisonment for the same term.
3. the action, provided by first part of this Article, entailed the death of two
or more persons by negligence, -
shall be punished by imprisonment for the term of three to eight years.
Article 352. Unauthorized unnecessarily train stop Unauthorized unnecessarily
train stop by emergency stop device or by disconnecting
of air break line or by other method, if it is entailed the death of person or
other
grave consequences, - shall be punished by imprisonment for the term of two to
eight
years.
Article 353. Violation of current rules on transport
1. Violation of current rules on transport of maintenance of order and traffic
safety by persons, exercising management functions in the road, construction and
other
organizations and responsible for the road operation and road structures, their
equipment, as well as for organization of road traffic, if this action is
entailed
infliction of average gravity harm to the health of person by negligence, -
shall be punished by the fine in the amount of up to five hundred monthly
calculation indices or correctional works in the same amount, or community
services for
the term of up to three hundred hours, or arrest for the term of up to ninety
days.
2. The same action, entailed infliction of grievous harm to the health of person
by negligence, -
shall be punished by the fine in the amount of up to two thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to two years, or imprisonment for the same term, with
deprivation of
the right to occupy determined posts or to engage in a determined activity for
the term
of up to three years or without it.
3. An action, provided by first part of this Article, entailed the death of
person by negligence,-
shall be punished by imprisonment for the term of up to three years with
deprivation of the right to occupy determined posts or to engage in a determined
activity for the term of up to three years or without it.
4. An action, provided by first part of this Article, entailed the death of two
or more persons by negligence, -
shall be punished by imprisonment for the term of up to five years with
deprivation of the right to occupy determined posts or to engage in a determined
activity for the term of up to three years or without it.
Article 354. Violation of safety rules upon construction,
operation or repair of main pipelines
1. Violation of safety rules upon construction, operation or repair of main
pipelines, if this action is entailed infliction of average gravity harm to the
health
of person by negligence, -
shall be punished by the fine in the amount of up to three hundred monthly
calculation indices or correctional works in the same amount, or community
services for
the term of up to two hundred forty hours, or arrest for the term of up to
seventy five
days.
2. The same action, entailed infliction of grievous harm to the health of person
or infliction of heavy damage by negligence, -
shall be punished by the fine in the amount of up to two thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to two years, or imprisonment for the same term, with
deprivation of
the right to occupy determined posts or to engage in a determined activity for
the term
of up to three years or without it.
3. An action, provided by first part of this Article, entailed the death of
person by negligence,-
shall be punished by imprisonment for the term of up to five years with
deprivation of the right to occupy determined posts or to engage in a determined
activity for the term of up to three years or without it.
4. An action, provided by first part of this Article, entailed the death of two
or more persons by negligence, -
shall be punished by imprisonment for the term of five to ten years with
deprivation of the right to occupy determined posts or to engage in a determined
activity for the term of up to three years or without it.
Article 355. Intentional damage or destruction of the pipeline 1. Intentional
damage or destruction of the pipeline, as well as oil and gas
pipelines, -
shall be punished by the fine in the amount of up to two thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to two years, or imprisonment for the same term.
2. The same action:
1) entailed infliction of grievous or average gravity harm to the health of
person
by negligence;
2) committed repeatedly;
3) committed by group of persons on previous concert, -
shall be punished by the fine in the amount of up to five thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to two to five years, or imprisonment for the same term.
3. An action, provided by first part of this Article:
1) entailed pollution of environment;
2) entailed infliction of heavy damage;
3) committed by criminal group;
4) entailed the death of person by negligence, -
shall be punished by imprisonment for the term of seven to ten years.
Article 356. Careless damage or destruction of pipelines 1. Damaging or
destruction of pipelines, as well as oil and gas pipelines,
committed by negligence, entailed deviation from established procedure of
operation or
created a real threat of infliction of harm to the health of people or
environment, -
shall be punished by the fine in the amount of up to three hundred monthly
calculation indices or correctional works in the same amount, or community
services for
the term of up to two hundred forty hours, or arrest for the term of up to
seventy five
days.
2. The same action, entailed:
1) infliction of grievous or average gravity harm to the health of person by
negligence;
2) pollution of environment;
3) infliction of heavy damage;
4) the death of person by negligence, -
shall be punished by the fine in the amount of up to two thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to two years, or imprisonment for the same term.
Article 357. Failure to render assistance to the suffering
distress by captain of a ship 1. Failure to render assistance to people,
suffering distress at sea or on other
waterway by captain of a ship, if this assistance may be rendered without grave
danger
to his (her) vessel, crew and passengers, -
shall be punished by the fine in the amount of up to two thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to two years, or imprisonment for the same term, with
deprivation of
the right to occupy determined posts or to engage in a determined activity for
the term
of up to three years or without it.
2. Failure to take appropriate measures by captain of one of the vessels, fallen
aboard at sea or on other waterway for salvage of another vessel, entailed loss
of a
ship or other grievous consequences by negligence, if these measures may be
taken
without grave danger to his (her) vessel, crew and passengers, -
shall be punished by the fine in the amount of up to two hundred monthly
calculation indices or correctional works in the same amount, or community
services for
the term of up to one hundred and eighty hours, or arrest for the term of up to
sixty
days, with deprivation of the right to occupy determined posts or to engage in a
determined activity for the term of up to three years or without it.
Article 358. Control of air, sea, river, or a small vessel by
person, being in a state of alcohol, drugs and (or) toxic
intoxication, transfer of control to such person or admission
to control of air, sea, river, or a small vessel of that person
1. Control of air, sea, river, or a small vessel by person, being in a state of
alcohol, drugs and (or) toxic intoxication, or transfer of control of such
vessel to the
person, being in a state of alcohol, drugs and (or) toxic intoxication, as well
as
admission to control of such vessel of person, being in a state of alcohol,
drugs and
(or) toxic intoxication, committed by civil servant or possessor or owner of
such
vessel, -
shall be punished by the fine in the amount of up to five hundred monthly
calculation indices or correctional works in the same amount, or community
services for
the term of up to three hundred hours, or arrest for the term of up to ninety
days, with
deprivation of the right to occupy determined posts or to engage in a determined
activity for the term of up to two years.
2. The same actions, entailed infliction of grievous harm to the health of
person
by negligence, -
shall be punished by the fine in the amount of up to one thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to two years, or imprisonment for the same term, with
deprivation of
the right to occupy determined posts or to engage in a determined activity for
the term
of up to five years.
3. The actions, provided by first part of this Article, entailed infliction of
grievous harm to the health of person by negligence,-
shall be punished by the fine in the amount of up to three thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to five years, with deprivation of the right to occupy
determined
posts or to engage in a determined activity for the term of six years.
4. The actions, provided by first part of this Article, entailed the death of
person by negligence, -
shall be punished by imprisonment for the term of five to ten years with
deprivation of the right to occupy determined posts or to engage in a determined
activity for the term of up to seven years.
5. The actions, provided by first part of this Article, entailed the death of
two
or more persons by negligence, -
shall be punished by imprisonment for the term of seven to twelve years with
deprivation of the right to occupy determined posts or to engage in a determined
activity for the term of up to ten years.
Article 359. Admission to control of air, sea or river vessel
of person, not having the right to control
1. Admission of person, not having the rights to control of vessel, to control
of
such vessel, by civil servant or possessor or owner of air, sea or river vessel,
if this
action is entailed infliction of average gravity harm to the health of person by
negligence, -
shall be punished by the fine in the amount of up to five hundred monthly
calculation indices or correctional works in the same amount, or community
services for
the term of up to three hundred hours, or arrest for the term of up to ninety
days.
2. The same actions, entailed infliction of grievous harm to the health of
person
by negligence, -
shall be punished by the fine in the amount of up to two thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to two years, or imprisonment for the same term, with
deprivation of
the right to occupy determined posts or to engage in a determined activity for
the term
of up to three years or without it.
3. The actions, provided by first part of this Article, entailed the death of
person by negligence,-
shall be punished by imprisonment for the term of up to three years with
deprivation of the right to occupy determined posts or to engage in a determined
activity for the term of up to three years or without it.
4. An action, provided by first part of this Article, entailed the death of two
or more persons by negligence, -
shall be punished by imprisonment for the term of up to five years with
deprivation of the right to occupy determined posts or to engage in a determined
activity for the term of up to three years or without it.
Article 360. Violation of rules of international flights
1. Nonobservance of routes, landing places, air gates, flight elevation,
specified
in the permission or other violation of rules of international flights –
shall be punished by the fine in the amount of up to three thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to three years, or imprisonment for the same term, with
deprivation
of the right to occupy determined posts or to engage in a determined activity
for the
term of up to three years or without it.
2. The same action, entailed the death of person or other grave consequences, -
shall be punished by imprisonment for the term of three to ten years.
Chapter 15. CORRUPTION AND OTHER CRIMINAL INFRACTIONS
AGAINST THE INTERESTS OF THE STATE SERVICEA ND THE
STATE MANAGEMENT
Article 361. Abuse of official authorities
1. Use of official authorities against the interests of service by person,
authorized to exercise of the state functions, or by person, equated to him
(her), for
the purposes of deriving benefits and advantages for themselves or other persons
or
organizations or infliction of harm to other persons or organizations, if it is
entailed
infliction of significant harm to the rights and legal interests of citizens or
organizations or legally protected interests of society or the state, -
shall be punished by the fine in the amount of up to two thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to two years, or imprisonment for the same term, with
confiscation of
property, with deprivation of the right to occupy determined posts or to engage
in a
determined activity for life.
2. The same action, committed by civil servant, -
shall be punished by the fine in the amount of up to four thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to four years, or imprisonment for the same term, with
confiscation
of property, with deprivation of the right to occupy determined posts or to
engage in a
determined activity for life.
3. an action, provided by first part of this Article, committed by person,
holding responsible state position, -
shall be punished by the fine in the amount of up to six thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to six years, or imprisonment for the same term, with
confiscation of
property, with deprivation of the right to occupy determined posts or to engage
in a
determined activity for life.
4. The actions, provided by first, second or third parts of this Article,
entailed
the grave consequences or committed in the interests of criminal group, -
shall be punished by imprisonment for the term of four to eight years with
confiscation of property, with deprivation of the right to occupy determined
posts or to
engage in a determined activity for life.
Article 362. Excess of powers or official authorities 1. Excess of powers or
official authorities, in other words commission of
actions, obviously beyond the scope of rights and powers and entailed infliction
of
substantial harm to the rights and legal interests of citizens or organizations
or
legally protected interests of society or the state, by person, authorized to
exercise
the state functions, or person, equated to him (her), -
shall be punished by the fine in the amount of up to three thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to three years, or imprisonment for the same term.
2. the same action, committed by civil servant, -
shall be punished by the fine in the amount of up to five thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to five years, or imprisonment for the same term.
3. An action, provided by first part of this Article, committed by person,
holding responsible state position, -
shall be punished by imprisonment for the term of four to eight years with
deprivation of the right to occupy determined posts or to engage in a determined
activity for the term of up to five years or without it.
4. The actions, provided by first, second or third parts of this Article,
entailed
the grave consequences or committed:
1) with the use of force or the threat of its use;
2) with the use of weapons or special means;
3) for the purposes of deriving of benefits and advantages for themselves or
other persons or organizations or infliction of harm to other persons or
organizations,
-
shall be punished by imprisonment for the term of five to ten years, and in the
cases, provided by paragraph 3), with confiscation of property, with deprivation
of the
right to occupy determined posts or to engage in a determined activity for life.
Article 363. Assignment of powers of civil servant
Assignment of powers of civil servant by the state servant, not being a civil
servant, and in connection with this commission of actions by them, which are
entailed
infliction of substantial harm to the rights and legal interests of citizens or
organizations or legally protected interests of society or the state, -
shall be punished by the fine in the amount of up to three hundred monthly
calculation indices or correctional works in the same amount, or community
services for
the term of up to two hundred forty hours, or arrest for the term of up to
seventy five
days.
Article 364. Illegal participation in the entrepreneurial
activity
1. Establishment of organization, carrying out entrepreneurial activity, or
participation in management of such organization personally or authorized
attorney
contrary to the prohibition,, established by the Law, by person, authorized to
exercise
the state functions, or person, equated to him (her), if this action is linked
with
provision of benefits and advantages to such organization or with wardship in
other
form, -
shall be punished by the fine in the amount of up to one thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the same term, with confiscation of property, with deprivation of the right
to
occupy determined posts or to engage in a determined activity for life.
2. The same action, committed by civil servant, -
shall be punished by the fine in the amount of up to two thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to two years, or imprisonment for the same term, with
confiscation of
property, with deprivation of the right to occupy determined posts or to engage
in a
determined activity for life.
3. An action, provided by first part of this Article, committed by person,
holding responsible state position, -
shall be punished by the fine in the amount of up to four thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to four years, or imprisonment for the same term, with
confiscation
of property, with deprivation of the right to occupy determined posts or to
engage in a
determined activity for life.
Article 365. Interfering with legal entrepreneurial activity
1. Restriction of rights and legal interests of individual entrepreneur or
commercial organization regardless of the organizational-legal form or form of
ownership, as well as restriction of independence or other unlawful interference
in
activity of individual entrepreneur or commercial organization, if these actions
are
committed by person, authorized to exercise the state functions, or person,
equated to
him (her) with the use of his (her) official powers contrary to the interests of
service
for the purposes of deriving of benefits and advantages for themselves or other
persons
or organizations or infliction of harm to other persons or organization, if it
is
entailed infliction of substantial harm to the rights and legal interests of
citizens or
organizations or legally protected interests of society or the state, -
shall be punished by the fine in the amount of up to two thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to two years, or imprisonment for the same term, with
confiscation of
property, with deprivation of the right to occupy determined posts or to engage
in a
determined activity for life.
2. The same actions, committed:
1) by civil servant;
2) by group of persons on previous concert;
3) on a large scale, -
shall be punished by the fine in the amount of up to five thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to five years, with imprisonment for the same term, with
confiscation
of property, with deprivation of the right to occupy determined posts or to
engage in a
determined activity for life.
3. The actions, provided by first or second parts of this Article, committed:
1) by person, holding responsible state position;
2) on specially large scale;
3) by criminal group or in the interests of criminal group, -
shall be punished by restriction of liberty for the term of three to seven years
or imprisonment for the same term, with confiscation of property, with
deprivation of
the right to occupy determined posts or to engage in a determined activity for
life.
Article 366. Acceptance of a bribe 1. Acceptance of a bribe in the form of
money, securities, other property, right
to property, property benefits for themselves or other persons, by person,
authorized to
exercise the state functions, or person, equated to him (her), or person,
holding
responsible state position, or civil servant, as well as civil servant of
foreign state
or international organization personally or through the intermediary, for the
actions
(omission) for the benefit of briber or persons represented by him (her), if
such
actions (omission) are included in the official powers of this person, or it may
promote
to such actions (omission) by virtue of official position, as well as for
general
wardship or connivance –
shall be punished by the fine in the amount of fifty fold sum of a bribe or
imprisonment for the term of up to five years, with confiscation of property,
with
deprivation of the right to occupy determined posts or to engage in a determined
activity for life.
2. The same action, committed in significant amount, as well as acceptance of a
bribe for illegal actions (omission) –
shall be punished by the fine in the amount of sixty fold sum of bribe or
imprisonment for the term of three to seven years, with confiscation of
property, with
deprivation of the right to occupy determined posts or to engage in a determined
activity for life.
3. The actions, provided by first or second parts of this Article, if they are
committed:
1) by extortion;
2) by group of persons on previous concert;
3) on a large scale;
4) repeatedly, -
shall be punished by the fine in the amount of seventy fold sum of a bribe or
imprisonment for the term of seven to twelve years, with confiscation of
property, with
deprivation of the right to occupy determined posts or to engage in a determined
activity for life.
4. The actions, provided by first, second or third parts of this Article, if
they
are committed by criminal group, as well as on a special large scale, -
shall be punished by the fine in the amount of eighty fold sum of a bribe or
imprisonment for the term of ten to fifteen years, with confiscation of
property, with
deprivation of the right to occupy determined posts or to engage in a determined
activity for life.
Note. Obtaining of property or other property benefit for the first time, as a
gift in the absence of preliminary agreement for early committed legal actions
(omission) by person, specified in a first part of this Article shall not be a
crime by
virtue of insignificance and prosecuted in a disciplinary or administrative
procedure,
if the cost of a gift does not exceed two monthly calculation indices.
Article 367. Giving bribe
1. Giving a bribe to person, authorized to exercise the state functions, or
person, equated to him (her), or person, holding responsible state position, or
civil
servant, as well as civil servant of foreign state or international organization
personally or through the intermediary –
shall be punished by the fine in the amount of twenty fold sum of a bribe or
imprisonment for the term of up to three years, with confiscation of property or
without
it, with deprivation of the right to occupy determined posts or to engage in a
determined activity for life.
2. The same action, committed in significant amount, -
shall be punished by the fine in the amount of thirty fold sum of a bribe or
imprisonment for the term of up to five years, with confiscation of property or
without
it, with deprivation of the right to occupy determined posts or to engage in a
determined activity for life.
3. The actions, provided by first or second parts of this Article, if they are
committed:
1) by group of persons on previous concert;
2) on a large scale;
3) repeatedly, -
shall be punished by the fine in the amount of forty fold sum of a bribe or
imprisonment for the term of seven to twelve years, with confiscation of
property, with
deprivation of the right to occupy determined posts or to engage in a determined
activity for life.
4. The actions, provided by first, second or third parts of this Article, if
they
are committed on a special large amount or by criminal group, -
shall be punished by the fine in the amount of fifty fold sum of a bribe or
imprisonment for the term of ten to fifteen years, with confiscation of
property, with
deprivation of the right to occupy determined posts or to engage in a determined
activity for life.
Note.
1. Transfer of a gift for the first time to the person, specified in a first
part
of Article 366 of this Code, in the amount or the cost, not exceeding two
monthly
calculation indices shall not involve criminal responsibility for the legal
actions
(omission), early committed by him (her), if the actions (omission), committed
by this
person were not be conditioned by preliminary agreement.
2. A person, who has given a bribe shall be released from criminal
responsibility,
if in relation of him (her) extortion of a bribe was on the part of person,
specified in
first part of this Article 366 of this Code, or if this person voluntary
reported on
giving a bribe to the law enforcement or special state body of bribery.
Article 368. Mediation in bribery
1. Mediation in bribery, in other words contribution to taker of bribe and giver
of a bribe in reaching or performance of the agreement between them on taking
and giving
a bribe, -
shall be punished by the fine in the amount of tenfold sum of a bribe or
imprisonment for the term of up to two years, with confiscation of property or
without
it, with deprivation of the right to occupy determined posts or to engage in a
determined activity for life.
2. The same action, committed repeatedly or by criminal group or person with the
use of his (her) official position, -
shall be punished by the fine in the amount of tenfold sum of a bribe or
imprisonment for the term of up to six years, with confiscation of property,
with
deprivation of the right to occupy determined posts or to engage in a determined
activity for life.
Article 369. Forgery by an official
1. Forgery by an official, in other words introduction of knowingly false
information to the official documents by person, authorized to exercise the
state
functions, or person equated to him (her) or introduction of corrections,
distorting
their actual content to the specified documents, or issuance of certainly false
or
forget documents, if these actions are committed for the purposes of deriving of
benefits and advantages for themselves or other persons or organizations or
infliction
of harm to other persons or organizations, -
shall be punished by the fine in the amount of up to two thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to two years, or imprisonment for the same term, with
confiscation of
property, with deprivation of the right to occupy determined posts or to engage
in a
determined activity for life.
2. The same action, committed by civil servant, -
shall be punished by the fine in the amount of up to three thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to three years, or imprisonment for the same term, with
confiscation
of property, with deprivation of the right to occupy determined posts or to
engage in a
determined activity for life.
3. An action, provided by first part of this Article, if it is committed by
person, holding responsible state position, -
shall be punished by restriction of liberty of three to six years or
imprisonment
for the same term, with confiscation of property, with deprivation of the right
to
occupy determined posts or to engage in a determined activity for life.
Article 370. Inaction on service
1. Inaction on service, in other words non-performance of official duties by
person, authorized to exercise the state functions, or person equated to him
(her) for
the purposes of deriving of benefits and advantages for themselves or other
persons or
organizations or infliction of harm to other persons or organizations, if it is
entailed
substantial violation of rights and legal interests of citizens or organizations
or
legally protected interests of society or the state, -
shall be punished by the fine in the amount of up to two thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to two years, or imprisonment for the same term, with
confiscation of
property, with deprivation of the right to occupy determined posts or to engage
in a
determined activity for life.
2. The same action, committed by civil servant, -
shall be punished by the fine in the amount of up to three thousand monthly
calculation indices or correctional works in the same amount or restriction of
liberty
for the term of up to three years, or imprisonment for the same term, with
confiscation
of property, with deprivation of the right to occupy determined posts or to
engage in a
determined activity for life.
3. The same action, committed by person, holding responsible state position, -
shall be punished by the fine in the amount of up to five thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to five years, or imprisonment for the same term, with
confiscation
of property, with deprivation of the right to occupy determined posts or to
engage in a
determined activity for life.
4. The actions, provided by first, second or third parts of this Article,
entailed the grave consequences, -
shall be punished by imprisonment for the term of four to eight years with
confiscation of property, with deprivation of the right to occupy determined
posts or to
engage in a determined activity for life.
Article 371. Negligence 1. Negligence, in other words nonperformance or improper
performance of
obligations by person, authorized to exercise the state functions, or person
equated to
him (her), or civil servant, or person, holding responsible state position, due
to
unconscientious or negligent attitude to the service, if it is entailed
infliction of
substantial harm to rights and legal interests of citizens or organizations or
legally
protected interests of society or the state, -
shall be punished by the fine in the amount of up to one thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to one year, or imprisonment for the same term.
2. The same action, entailed the grave consequences by negligence, -
shall be punished by imprisonment for the term of up to five years with
deprivation of the right to occupy determined posts or to engage in a determined
activity for the term of up to three years.
Chapter 16. CRIMINAL INFRACTION AGAINST MANAGEMENT
PROCEDURE
Article 372. Desecration of state symbols
Desecration of state symbols of the Republic of Kazakhstan –
shall be punished by the fine in the amount of up to two thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to two years, or imprisonment for the same term.
Article 373. Public insult and other infringement on honour and
dignity of the First President of the Republic of Kazakhstan -
Leader of the Nation, desecration of images of the First
President of the Republic of Kazakhstan – Leader of the Nation,
interfering with legal activity of the First President of the
Republic of Kazakhstan – Leader of the Nation
1. Public insult and other infringement on honour and dignity of the First
President of the Republic of Kazakhstan - Leader of the Nation, desecration of
images of
the First President of the Republic of Kazakhstan – Leader of the Nation –
shall be punished by the fine in the amount of up to two thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to two years, or imprisonment for the same term.
2. The same actions, committed with the use of mass media or information and
communication networks, -
shall be punished by the fine in the amount of up to three thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to three years, or imprisonment for the same term.
3. Impact on the First President of the Republic of Kazakhstan – Leader of the
Nation or family members, living together, in any form in order to interfering
with his
legal activity –
shall be punished by the fine in the amount of up to five thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to five years, or imprisonment for the same term.
Article 374. Violation of warranty of inviolability of the
First President of the Republic of Kazakhstan –
Leader of the Nation Violation of warranty of inviolability of the First
President of the Republic of
Kazakhstan – Leader of the Nation or family members, living together in any
form, as
well as warranty of inviolability of property, dwelling and official premises,
personal
and company transport vehicles, correspondence, communication means used by
them,
guarantees of bank secrecy and inviolability of bank accounts, as well as
inviolability
of their documents,-
shall be punished by the fine in the amount of up to five thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to five years, or imprisonment for the same term.
Article 375. Infringement on honour and dignity of the
President of the Republic of Kazakhstan and interfering
with his (her) activity 1. Public insult and other infringement on honour and
dignity of the President of
the Republic of Kazakhstan – shall be punished by the fine in the amount of up
to two
thousand monthly calculation indices or correctional works in the same amount,
or
restriction of liberty for the term of up to two years, or imprisonment for the
same
term.
2. The same action, committed with the use of mass media or information and
communication networks, -
shall be punished by the fine in the amount of up to three thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to three years, or imprisonment for the same term.
3. Impact on the President of the Republic of Kazakhstan or his (her) close
relatives in any form in order to interfering with performance by him (her) of
his (her)
duties –
shall be punished by the fine in the amount of up to five thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to five years, or imprisonment for the same term.
Note. Public performances, containing criticisms on policy conducted by the
President of the Republic of Kazakhstan shall not entail criminal responsibility
under
this Article.
Article 376. Infringement on honour and dignity of the deputy
of the Parliament of the Republic of Kazakhstan and interfering
with his (her) activity
1. Public insult of the deputy of the Parliament of the Republic of Kazakhstan
upon performance by him (her) the parliamentary duties or in connection of their
performance –
shall be punished by the fine in the amount of up to three hundred monthly
calculation indices or correctional works in the same amount, or community
services for
the term of up to two hundred forty hours, or arrest for the term of up to
seventy five
days.
2. The same action, committed with the use of mass media or information and
communication networks, -
shall be punished by the fine in the amount of up to two thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to two years, or imprisonment for the same term.
3. Impact on the deputy of the Parliament of the Republic of Kazakhstan or his
(her) close relatives in any form in order to interfering with performance by
him (her)
of his (her) duties –
shall be punished by the fine in the amount of up to three thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to three years, or imprisonment for the same term.
Note. Public performances, containing criticisms on parliamentary activity of
the
deputy of the Parliament of the Republic of Kazakhstan shall not entail criminal
responsibility under this Article.
Article 377. Interfering with activity of the Constitutional
Council of the Republic of Kazakhstan
1. Intervention in the activity of the Constitutional Council of the Republic of
Kazakhstan in any form for the purposes of interfering with exercising him (her)
of his
(her) powers –
shall be punished by the fine in the amount of up to two thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to two years, or imprisonment for the same term.
2. The same action, committed by person with the use of his (her) official
position, -
shall be punished by the fine in the amount of up to three thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to three years, or imprisonment for the same term, with
deprivation
of the right to occupy determined posts or to engage in a determined activity
for the
term of up to three years or without it.
Article 378. Insult of representative of authority 1. Insult of representative
of authority upon performance by him (her) of his
(her) duties or in connection with their performance –
shall be punished by the fine in the amount of up to one hundred monthly
calculation indices or correctional works in the same amount, or community
services for
the term of up to one hundred twenty hours, or arrest for the term of up to
forty five
days.
2. The same action, committed publicly or with the use of mass media or
information and communication networks, -
shall be punished by the fine in the amount of up to three hundred monthly
calculation indices or correctional works in the same amount, or community
services for
the term of up to two hundred forty hours, or arrest for the term of up to
seventy five
days.
Note. Public performances, containing criticisms on official activity of the
representative of authority shall not entail criminal responsibility under this
Article.
Article 379. Insubordination to representative of authority
1. Insubordination to legal requirement or order of the representative of
authority –
shall be punished by the fine in the amount of up to one hundred monthly
calculation indices or correctional works in the same amount, or community
services for
the term of up to one hundred twenty hours, or arrest for the term of up to
forty five
days.
2. the same action, committed in the locality, where an extraordinary situation
is declared, -
shall be punished by the fine in the amount of up to two thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to two years, or imprisonment for the same term.
Article 380. Use of force in relation of representative
of authority
1. Use of force, not danger for life or health, or the threat of use of force in
relation of representative of authority or his (her) close relatives in
connection with
performance by him (her) of is (her) official duties –
shall be punished by the fine in the amount of up to two thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to two years, or imprisonment for the same term.
2. Use of force, danger for life or health, in relation of persons, specified in
a first part of this Article, -
shall be punished by imprisonment for the term of five to ten years.
Article 381. Interfering with activity of prosecutor and
nonfulfillment of his (her) legal requirements
Nonfulfillment of acts of procuracy supervision, as well as interfering with his
(her) activity, if it is entailed infliction of substantial harm to the rights
and legal
interests of citizens or organizations or legally protected interests of society
or the
state, -
shall be punished by the fine in the amount of up to three hundred monthly
calculation indices or correctional works in the same amount, or community
services for
the term of up to two hundred forty hours, or arrest for the term of up to
seventy five
days.
Article 382. Disclosure of details on safety measures, used in relation of
civil servant, holding responsible state position 1. Disclosure of details on
safety measures, used in relation of civil servant,
holding responsible state position, as well as his (her) relatives, by person,
to whom
these details were entrusted or became known in connection with his (her)
official
activity, -
shall be punished by the fine in the amount of up to three hundred monthly
calculation indices or correctional works in the same amount, or community
services for
the term of up to two hundred forty hours, or arrest for the term of up to
seventy five
days.
2. The same action, entailed the grave consequences, -
shall be punished by the fine in the amount of up to five thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to five years, or imprisonment for the same term.
Article 383. Acquisition or sale of official documents
and state awards
Illegal acquisition or sale of official documents, providing the rights or
releasing from duties, as well as the state awards of the Republic of Kazakhstan
or USSR
–
shall be punished by the fine in the amount of up to two hundred monthly
calculation indices or correctional works in the same amount, or community
services for
the term of up to one hundred eighty hours, or arrest for the term of up to
sixty days.
Article 384. Illegal suppression of documents, stealing,
destruction, damaging or concealment of documents,
stamps, seals 1. Illegal confiscation of the passport, certificate of identity
or other
personal paper of citizen –
shall be punished by the fine in the amount of up to one hundred monthly
calculation indices or correctional works in the same amount, or community
services for
the term of up to one hundred twenty hours, or arrest for the term of up to
forty five
days.
2. Stealing of the passport, certificate of identity or other personal paper of
citizen –
shall be punished by the fine in the amount of up to two hundred monthly
calculation indices or correctional works in the same amount, or community
services for
the term of up to one hundred eighty hours, or arrest for the term of up to
sixty days.
3. Stealing, destruction, damaging or concealment of official documents, stamps
or
seals, committed from selfish or other personal interest -
shall be punished by the fine in the amount of up to three hundred monthly
calculation indices or correctional works in the same amount, or community
services for
the term of up to two hundred forty hours, or arrest for the term of up to
seventy five
days.
Article 385. Forgery, production or sale of forged documents,
stamps, seals, forms, state postage stamps, state awards
1. Forgery of certificate of identity or other official document, granting the
rights or releasing from duties, or sale of such document, as well as production
or sale
of forged stamps, seals, forms, state postage stamps, state awards of the
Republic of
Kazakhstan or USSR –
shall be punished by the fine in the amount of up to two thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to two years, or imprisonment for the same term.
2. The same actions, committed repeatedly or by group of persons on previous
concert, -
shall be punished by the fine in the amount of up to four thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to four years, or imprisonment for the same term.
3. Use of certainly forged documents –
shall be punished by the fine in the amount of up to three hundred monthly
calculation indices or correctional works in the same amount, or community
services for
the term of up to two hundred forty hours, or arrest for the term of up to
seventy five
days.
Article 386. Forgery, destruction of vehicle identification
number, sale of transport vehicle with certainly forged
identification number
1. Forgery or destruction of identification number, the number of body, chassis,
engine, as well as forgery of the state registration plate of transport vehicle,
use of
certainly forged or false state registration plate, as well as sale of transport
vehicle
with certainly forged identification number, the number of body, chassis, engine
or with
certainly forged state registration plate or sale of body, chassis, engine with
certainly forged number –
shall be punished by the fine in the amount of one thousand to two thousand
monthly calculation indices or correctional of liberty for the term of up to two
years,
or imprisonment for the same term.
2. The same actions, committed by group of persons on previous concert or by
criminal group, -
shall be punished by the fine in the amount of up to five thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to five years, or imprisonment for the same term.
Article 387. Evasion of military service 1. Evasion from call to military
service in the absence of lawful grounds for
exception from this service –
shall be punished by the fine in the amount of up to one thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to one years, or imprisonment for the same term.
2. The same action, committed:
1) by infliction of self-harm to the health;
2) by simulation;
3) by forgery of documents or other fraud,-
shall be punished by the fine in the amount of up to three thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to three years, or imprisonment for the same term.
Note. The draft-age man shall be released from criminal responsibility, if
before
the transfer of the case in a court by investigation body he voluntary came to
the
recruiting station.
Article 388. Evasion of call on mobilization
1. Evasion from call to military service on mobilization to the Armed Forces,
other armed forces and military formation of the Republic of Kazakhstan –
shall be punished by the fine in the amount of up to five thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to five years, or imprisonment for the same term.
2. The same action, as well as evasion of further calls for completing the staff
of Armed Forces of the Republic of Kazakhstan, committed in war time, -
shall be punished by imprisonment for the term of five to ten years.
Article 389. Arbitrariness 1. Arbitrariness, in other words unauthorized
execution of actual or supposed
right, contested by another person or organization contrary to the established
legislation of the Republic of Kazakhstan, -
shall be punished by the fine in the amount of up to one hundred monthly
calculation indices or correctional works in the same amount, or community
services for
the term of up to one hundred twenty hours, or arrest for the term of up to
forty five
days.
2. The same action, inflicted substantial harm to the rights or legal interests
of citizens or organizations or legally protected interests of society or the
state, -
shall be punished by the fine in the amount of up to three hundred monthly
calculation indices or correctional works in the same amount, or community
services for
the term of up to two hundred forty hours, or arrest for the term of up to
seventy five
days.
3. An action, provided by first part of this Article, committed with the use of
force or with the threat of its use or by group of persons on previous concert,
-
shall be punished by the fine in the amount of up to three thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to three years, or imprisonment for the same term.
4. The actions, provided by second or third parts of this Article, entailed the
grave consequences, -
shall be punished by imprisonment for the term of three to seven years.
Article 390. Unwarranted appropriation of title of
representative of authority or civil servant, holding
responsible state position
1. Unwarranted appropriation of title of representative of authority or civil
servant, holding responsible state position, in order to obtain power
authorization –
shall be punished by the fine in the amount of up to one hundred monthly
calculation indices or correctional works in the same amount, or community
services for
the term of up to one hundred twenty hours, or arrest for the term of up to
forty five
days.
2. Unwarranted appropriation of title of representative of authority or civil
servant, holding responsible state position, linked with commission of a crime
on this
basis, -
shall be punished by the fine in the amount of up to two thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to two years, or imprisonment for the same term.
3. Unwarranted appropriation of title of civil servant, holding position,
established by the Constitution of the Republic of Kazakhstan in order to obtain
power
authorization –
shall be punished by the fine in the amount of up to five thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to five years, or imprisonment for the same term.
Article 391. Illegal hoist of the State Flag of
the Republic of Kazakhstan Illegal hoist of the State Flag of the Republic of
Kazakhstan on the trading
vessel-
shall be punished by the fine in the amount of up to two hundred monthly
calculation indices or correctional works in the same amount, or community
services for
the term of up to one hundred and eighty hours, or arrest for the term of up to
sixty
days.
Article 392. Intentional illegal crossing of the State Border
of the Republic of Kazakhstan 1. Intentional illegal crossing the State Border
of the Republic of Kazakhstan
out of crossing points on the State Border, as well as intentional illegal
crossing the
State Border of the Republic of Kazakhstan in the specified points, committed
with false
documents or with fraudulent use of valid documents of third parties, as well as
with
violation of the established procedure, -
shall be punished by the fine in the amount of up to one thousand monthly
calculation indices or imprisonment for the term of one year, with deportation
the
foreigner or persons without citizenship beyond the borders of the Republic of
Kazakhstan for the term of up to five years.
2. The same actions, committed by criminal group or with the use of force or the
threat of its use, -
shall be punished by imprisonment for the term of up to five years with
deportation of the foreigner or the person without citizenship beyond the
borders of the
Republic of Kazakhstan for the term of five years.
Article 393. Nonperformance of decision on deportation
Nonperformance by the foreigner or person without citizenship of decision,
adopted
in relation of him (her) on deportation beyond the borders of the Republic of
Kazakhstan-
shall be punished by the fine in the amount of up to three hundred monthly
calculation indices or arrest for the term of seventy five days, with
deportation the
foreigner or person without citizenship beyond the borders of the Republic of
Kazakhstan.
Article 394. Organization of illegal migration
1. Organization of illegal migration by provision of transport vehicles or fraud
documents, or dwelling or other premise, as well as rendering of other services
for
illegal entry, departure, movement on the territory of the Republic of
Kazakhstan to the
citizens, foreigners and persons without citizenship –
shall be punished by the fine in the amount of up to two thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to two years, or imprisonment for the same term.
2. The same action, committed by person with the use of his (her) official
powers
or by group of persons on previous concert, -
shall be punished by the fine in the amount of up to five thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to five years, or imprisonment for the same term, with
deprivation of
the right to occupy determined posts or to engage in a determined activity for
the term
of up to three years or without it.
3. An action, provided by first part of this Article, committed by criminal
group, -
shall be punished by imprisonment for the term of three to seven years.
Article 395. Repeated violation of rules of involvement and use
of foreign labour in the Republic of Kazakhstan
Repeated acceptance the foreigners and persons without citizenship, residing in
the territory of the Republic of Kazakhstan, for employment by employer, without
relevant permission of the authorized body, as well as repeated violation of
rules of
the use of foreign labour by the employer in the Republic of Kazakhstan – shall
be
punished by the fine in the amount of up to five hundred monthly calculation
indices or
correctional works in the same amount, or community services for the term of up
to three
hundred hours, or arrest for the term of up to ninety days.
Article 396. Illegal change of the State border of
the Republic of Kazakhstan. 1. Withdrawal, moving or destruction of border marks
for the purposes of illegal
change of the State border of the Republic of Kazakhstan –
shall be punished by the fine in the amount of up to two thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to two years, or imprisonment for the same term.
2. The same actions, committed repeatedly or entailed the grave consequences, -
shall be punished by the fine in the amount of up to four thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to four years, or imprisonment for the same term.
Article 397. Illegal use of emblems and signs of the
Red Crescent, the Red Cross, Red Crystal Illegal use of emblems and differential
signs of Red Crescent, the Red Cross, Red
Crystal, as well as the name of Red Crescent, the Red Cross, Red Crystal –
shall be punished by the fine in the amount of up to three hundred monthly
calculation indices or correctional works in the same amount, or community
services for
the term of up to two hundred forty hours, or arrest for the term of up to
seventy five
days.
Article 398. Violation of rules of protection of lines and
installations of communication, as well as objects, subject to
the state protection
1. Violation of Violation of rules of protection of lines and installations of
communication, if this action is entailed termination of communication or
created the
threat of termination of communication, -
shall be punished by the fine in the amount of up to one hundred monthly
calculation indices or correctional works in the same amount, or community
services for
the term of up to one hundred twenty hours.
2. Violation of rules of protection of lines of communication, entailed damaging
of cable line of intercity communication or termination of intercity
communication, -
shall be punished by the fine in the amount of up to two hundred monthly
calculation indices or correctional works in the same amount, or community
services for
the term of up to one hundred and eighty hours, or arrest for the term of up to
sixty
days.
3. Violation of requirements on safety ensuring of the objects, subject to the
state protection, building of the state bodies and state establishments,
entailed their
capture or infliction of other grave consequences, -
shall be punished by the fine in the amount of up to three thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to three years, or imprisonment for the same term.
Article 399. Illegal processing, production, acquisition,
sale or use of special technical means of surreptitious
obtaining of information
1. Illegal processing, production, acquisition, sale or use of special technical
means of surreptitious obtaining of information –
shall be punished by the fine in the amount of up to two thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to two years, or imprisonment for the same term.
2. The same actions, committed by group of persons on previous concert or on a
large scale, -
shall be punished by the fine in the amount of up to four thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to four years, or imprisonment for the same term.
3. The actions, provided by first or second parts of this Article, committed by
criminal group, -
shall be punished by imprisonment for the term of three to seven years.
Article 400. Violation of the procedure of organization and
holding of meetings, rallies, pickets, street processions and
demonstrations Organization, holding or participation in an illegal meeting,
rally, processions,
picket, demonstration or other illegal public measure, as well as rendering
assistance
to organization or holding of such measures by provision of premises,
communication
means, equipment, transport, if these actions are inflicted substantial harm to
the
rights and legal interests of citizens or organizations or legally protected
interests
of society or the state, -
shall be punished by the fine in the amount of up to three hundred monthly
calculation indices or correctional works in the same amount, or community
services for
the term of up to two hundred forty hours, or arrest for the term of up to
seventy five
days.
Article 401. Management of prohibited industrial action,
interfering with the work of organization in war time or
conditions of emergency situations
Management of prohibited industrial action in war time or conditions of
emergency
situations, as well as interfering with the work of organization in these
conditions –
shall be punished by the fine in the amount of up to two thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to two years, or imprisonment for the same term.
Article 402. The actions, provoking to continued participation
in the industrial action, recognized by court as illegal
1. Calls for continued participation in the industrial action, recognized by
court as illegal, committed publicly or with the use of mass media or
information and
communication networks, as well as bribery of employees for this purpose –
shall be punished by the fine in the amount of up to one thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to one years, or imprisonment for the same term, with
deprivation of
the right to occupy determined posts or to engage in a determined activity for
the term
of up to one years or without it.
2. The same actions, inflicted substantial harm to the rights and legal
interests
of citizens or organizations or legally protected interests of society or the
state or
entailed the mass disorders, -
shall be punished by the fine in the amount of up to three thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to three years, or imprisonment for the same term, with
deprivation
of the right to occupy determined posts or to engage in a determined activity
for the
term of up to three years or without it.
Article 403. Illegal interference of members of public
associations in the activity of the state bodies
1. Interfering with illegal activity of the state bodies or assignment of
functions of the state bodies or their civil servants by the members of public
associations, as well as creation of organizations of political parties in the
state
bodies, if these actions are inflicted substantial harm to the rights and legal
interests of citizens or organizations or legally protected interests of society
or the
state, -
shall be punished by the fine in the amount of up to three hundred monthly
calculation indices or correctional works in the same amount, or community
services for
the term of up to two hundred forty hours, or arrest for the term of up to
seventy five
days, with deprivation of the right to occupy determined posts or to engage in a
determined activity for the term of up to one year or without it.
2. The same actions, committed by the leader of public association, -
shall be punished by the fine of up to five hundred monthly calculation indices
or
correctional works in the same amount, or community services for the term of up
to three
hundred hours, or arrest for the term of up to ninety days, with deprivation of
the
right to occupy determined posts or to engage in a determined activity for the
term of
up to one year or without it.
Article 404. Creation, management and participation in activity
of illegal public and other associations
1. Creation or management of religious or public association, an activity of
which is linked with the violence against citizens or other infliction of harm
to their
health, or incitement of citizens to refusal to perform the civil obligations or
commission of other unlawful actions, as well as creation or management of party
on the
religious basis, or political party or trade union, financed by sources,
prohibited by
the Laws of the Republic of Kazakhstan, -
shall be punished by the fine in the amount of up to six thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to six years, or imprisonment for the same term, with
deprivation of
the right to occupy determined posts or to engage in a determined activity for
the term
of up to six years.
2. Creation of public association, proclaiming or implementing the racial,
national, generic, social, class or religious intolerance in the practice or
exclusiveness, calling for the violent overthrow of the constitutional system,
subversion of security of the state or violation of foreign territorial
supremacy of the
Republic of Kazakhstan, as well as management of such association –
shall be punished by imprisonment for the term of three to seven years with
deprivation of the right to occupy determined posts or to engage in a determined
activity for the term of up to three years.
3. Active participation in activity of associations, specified in the first or
second parts of this Article, -
shall be punished by the fine in the amount of up to six thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to six years, or imprisonment for the same term.
Article 405. Organization and participation in activity of
public or religious association or other organization after
court decision on prohibition of their activity or liquidation
in connection with carrying out by them the extremism
or terrorism
1. Organization of activity of public or religious association or other
organization, in relation of which there is a court decision, entered into legal
force,
on prohibition of their activity or liquidation in connection with carrying out
by them
the extremism or terrorism, -
shall be punished by the fine in the amount of up to six thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to six years, or imprisonment for the same term, with
deprivation of
the right to occupy determined posts or to engage in a determined activity for
the term
of up to five years or without it, with deportation the foreigner or persons
without
citizenship beyond the borders of the Republic of Kazakhstan for the term of up
to five
years.
2. Participation in activity of public or religious association or other
organization, in relation of which there is a court decision, entered into legal
force,
on prohibition of their activity or liquidation in connection with carrying out
by them
the extremism or terrorism, -
shall be punished by the fine in the amount of up to two thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to two years, or imprisonment for the same term, with
deprivation of
the right to occupy determined posts or to engage in a determined activity for
the term
of up to three years or without it, with deportation the foreigner or persons
without
citizenship beyond the borders of the Republic of Kazakhstan for the term of up
to five
years.
Note. A person, terminated participation in activity of public of religious
association or other organization, in relation of which there is a court
decision,
entered into legal force, on prohibition of their activity or liquidation in
connection
with carrying out by them the extremism or terrorism shall be released from
criminal
responsibility, if his (her) actions do not contain the components of another
crime.
Article 406. Rendering assistance to the political parties and
trade unions of the foreign state
Financing, provision of premises or property, as well as rendering of other
assistance to the political parties or trade unions of other state, if these
actions are
entailed substantial violation of the rights and legal interests of citizens or
organizations or legally protected interests of society or the state, -
shall be punished by the fine in the amount of up to three hundred monthly
calculation indices or correctional works in the same amount, or community
services for
the term of up to two hundred forty hours, or arrest for the term of up to
seventy five
days.
Chapter 17. CRIMINAL INFRACTIONA AGAINST JUSTICE AND
PROCEDURE OF EXECUTION OF PUNISHEMENTS
Article 407. Interfering with execution of justice and carrying
out of prejudicial investigation 1. Intervention in any form in the activity of
the court for the purposes of
interfering with execution of justice –
shall be punished by the fine in the amount of up to two thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to two years, or imprisonment for the same term.
2. Intervention in any form in activity of prosecutor or person, carrying out
prejudicial investigation for the purposes of interfering with comprehensive,
complete
and objective prejudicial investigation –
shall be punished by the fine in the amount of up to three hundred monthly
calculation indices or correctional works in the same amount, or community
services for
the term of up to two hundred forty hours, or arrest for the term of up to
seventy five
days.
3. The actions, provided by first or second parts of this Article, committed by
person with the use of his (her) official position, -
shall be punished by the fine in the amount of up to three thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to three years, or imprisonment for the same term, with
deprivation
of the right to occupy determined posts or to engage in a determined activity
for the
term of up to three years or without it.
Article 408. Infringement on life of person, executing the
justice or prejudicial investigation Infringement on life of judge, jury member,
prosecutor, a person, executing the
prejudicial investigation, defence counsel, expert, bailiff, officer of justice,
as well
as their relatives in connection with consideration of cases or materials in a
court,
carrying out of prejudicial investigation or execution of sentence, court
decision or
other judicial act, committed for the purposes of interfering with legal
activity of
specified persons or in revenge for such activity, -
shall be punished by imprisonment for the term of fifteen to twenty years or
life
imprisonment.
Article 409. Threat or violent acts in connection with
execution of justice or prejudicial investigation
1. Threat of homicide, infliction of harm to the health, damaging or destruction
of property in relation of court, jury member, as well as their relatives in
connection
with consideration of cases or materials in a court –
shall be punished by the fine in the amount of up to three thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to three years, or imprisonment for the same term.
2. The same action, committed in relation of prosecutor, a person, executing
prejudicial investigation, defence counsel, expert, bailiff, officer of justice,
as well
as their relatives in connection with execution of prejudicial investigation,
consideration of case or materials in a court or execution of sentence, court
decision
or other judicial act, -
shall be punished by the fine in the amount of up to two thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to two years, or imprisonment for the same term.
3. The actions, provided by first or second parts of this Article, committed
with
the use of force, not danger for life or health, -
shall be punished by restriction of liberty for the term of up to five years or
imprisonment for the same term.
4. The actions, provided by first or second parts of this Article, committed
with
the use of force, danger for life or health, -
shall be punished by imprisonment for the term of five to ten years.
Article 410. Contempt of a court
1. Contempt of a court, consisting in insulting of participants in the
proceedings-
shall be punished by the fine in the amount of up to three hundred monthly
calculation indices or correctional works in the same amount, or community
services for
the term of up to two hundred forty hours, or arrest for the term of up to
seventy five
days.
2. The same action, consisting in insulting of judge and (or) jury member, -
shall be punished by the fine in the amount of up to five hundred monthly
calculation indices or correctional works in the same amount, or community
services for
the term of up to three hundred hours, or arrest for the term of up to ninety
days.
Article 411. Slander in relation of judge, jury member,
prosecutor, person, executing prejudicial investigation,
expert, bailiff, officer of justice 1. Slander in relation of judge or jury
member in connection with consideration
of cases or materials in a court –
shall be punished by the fine in the amount of up to two thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to two years, or imprisonment for the same term.
2. The same action, committed in relation of prosecutor, person, executing
prejudicial investigation, expert, bailiff, officer of justice in connection
with
execution of prejudicial investigation, carrying out of legal expertise or
execution of
a sentence, court decision or other judicial act, -
shall be punished by the fine in the amount of up to two thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to two years, or imprisonment for the same term.
3. The actions, provided by first or second parts of this Article, linked with
accusation of person in commission of grievous or especially grave crime, -
shall be punished by the fine in the amount of up to four thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to four years, or imprisonment for the same term.
Article 412. Involvement of certainly not guilty person to the
criminal responsibility
1. Involvement of certainly not guilty person to the criminal responsibility –
shall be punished by restriction of liberty for the term of up to six years or
imprisonment for the same term, with deprivation of the right to occupy
determined posts
or to engage in a determined activity for the term of up to three years.
2. The same action, linked with accusation of person in commission of grievous
or
especially grave crime, - shall be punished by imprisonment for the term of five
to ten
years with deprivation of the right to occupy determined posts or to engage in a
determined activity for the term of up to five years.
Article 413. Certainly illegal release from criminal
responsibility Certainly illegal release from criminal responsibility of a
person, suspected or
accused in commission of a crime by prosecutor or person, executing prejudicial
investigation, -
shall be punished by restriction of liberty for the term of up to seven years or
imprisonment for the same term, with deprivation of the right to occupy
determined posts
or to engage in a determined activity for the term of up to five years.
Article 414. Certainly illegal detention, placement in custody
or detention in custody
1. Certainly illegal detention – shall be punished by the fine in the amount of
up
to three thousand monthly calculation indices or correctional works in the same
amount,
or restriction of liberty for the term of up to three years, or imprisonment for
the
same term, with deprivation of the right to occupy determined posts or to engage
in a
determined activity for the term of up to three years.
2. Certainly illegal placement in custody or detention in custody –
shall be punished by the fine in the amount of up to three thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to five years, o imprisonment for the same term, with
deprivation of
the right to occupy determined posts or to engage in a determined activity for
the term
of up to three years.
3. The actions, provided by first or second parts of this Article, entailed the
grave consequences, - shall be punished by imprisonment for the term of three to
eight
years with deprivation of the right to occupy determined posts or to engage in a
determined activity for the term of up to five years.
4. Intentional non-notification of relatives of suspected person on a fact of
his
(her) detention and the location, illegal refusal in provision of information on
place
of detention in custody of person to the citizen, having the right to receive
such
information, as well as falsification of time of drawing up protocol of
detention or
time of actual detention –
shall be punished by the fine in the amount of up to three hundred monthly
calculation indices or correctional works in the same amount, or community
services for
the term of up to two hundred forty hours, or arrest for the term of up to
seventy five
days, with deprivation of the right to occupy determined posts or to engage in a
determined activity for the term of up to two years or without it.
Article 415. Compulsion of evidence
Compulsion of suspected, accused, injured, witness of evidence, filing of
application on committed crime or compulsion of failure to give evidence, or
compulsion
of expert of giving conclusion by use of threats, blackmail or other illegal
actions on
the part of prosecutor or person, executing prejudicial investigation, - shall
be
punished by the fine in the amount of up to four thousand monthly calculation
indices or
correctional works in the same amount, or restriction of liberty for the term of
up to
four years, or imprisonment for the same term, with deprivation of the right to
occupy
determined posts or to engage in a determined activity for the term of up to two
years
or without it.
Article 416. Falsification of evidences and operational and
search materials 1. Falsification of evidences on civil case by person,
participating in the case,
or by his (her) representative – shall be punished by the fine in the amount of
up to
two thousand monthly calculation indices or correctional works in the same
amount, or
restriction of liberty for the term of up to two years, or imprisonment for the
same
term.
2. Falsification of evidences on the cases on administrative infractions,
committed by civil servant, authorized to drawing up protocol on administrative
infractions, -
shall be punished by the fine in the amount of up to three thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to three years, or imprisonment for the same term, with
deprivation
of the right to occupy determined posts or to engage in a determined activity
for the
term of up to three years.
3. Falsification of operational and search materials or protocols of undercover
investigatory actions or annexes to them by officer of body, executing
operational and
search activity, -
shall be punished by the fine in the amount of up to four thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to four years, or imprisonment for the same term, with
deprivation of
the right to occupy determined posts or to engage in a determined activity for
the term
of up to three years.
4. Falsification of evidences in the course of criminal proceedings by person,
executing prejudicial investigation, prosecutor, specialist, participating in
the
procedural actions, or defence counsel – shall be punished by the fine in the
amount of
up to five thousand monthly calculation indices or correctional works in the
same
amount, or restriction of liberty for the term of two to five years, or
imprisonment for
the same term, with deprivation of the right to occupy determined posts or to
engage in
a determined activity for the term of up to three years.
5. The actions, provided by first, second, third or fourth parts of this
Article,
entailed imposition of illegal sentence, decision or other judicial act, -
shall be punished by restriction of liberty for the term of three to seven years
or imprisonment for the same term, with deprivation of the right to occupy
determined
posts or to engage in a determined activity for the term of up to three years.
6. Falsification of evidences on criminal case on grievous or especially grave
crime, as well as entailed the grave consequences,-
shall be punished by restriction of liberty for the term of five to seven years
or
imprisonment for the same term, with deprivation of the right to occupy
determined posts
or to engage in a determined activity for the term of up to three years.
Article 417. Provocation of commercial bribery or corruption 1. Provocation of
commercial bribery, in other words attempt to transfer the
money, property benefits and priorities to the person, exercising management
functions
in commercial or other organizations, without his (her) consent for the purposes
of
artificial creation of evidences of commission of a crime or blackmail, - shall
be
punished by the fine in the amount of up to five thousand monthly calculation
indices or
correctional works in the same amount, or restriction of liberty for the term of
up to
five years, or imprisonment for the same term.
2. Provocation of bribery, in other words the same action, committed in relation
of person, authorized to exercise the state functions, or person, equated to him
(her),
or civil servant, or person, holding responsible state position, -
shall be punished by restriction of liberty for the term of three to seven years
or imprisonment for the same term, with deprivation of the right to occupy
determined
posts or to engage in a determined activity for the term of up to three years.
Article 418. Imposition of certainly illegal sentence,
decision or other judicial act
1. Imposition of certainly illegal sentence, decision or other judicial act by
judge (judges) –
shall be punished by imprisonment for the term of two to six years with
deprivation of the right to occupy determined posts or to engage in a determined
activity for the term of up to five years.
2. The same action, related with rendering of illegal court decision to
imprisonment or entailed other grave consequences, -
shall be punished by imprisonment for the term of six to ten years with
deprivation of the right to occupy determined posts or to engage in a determined
activity for the term of up to ten years.
Article 419. Knowingly false denunciation 1. Knowingly false denunciation on
commission of criminal offence -
shall be punished by the fine in the amount of up to three hundred monthly
calculation indices or correctional works in the same amount, or community
services for
the term of up to two hundred forty hours.
2. Knowingly false denunciation on commission of a crime –
shall be punished by the fine in the amount of up to three thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to three years, or imprisonment for the same term.
3. An action, provided by second part of this Article, linked with accusation of
a person in relation of corruption, grievous or especially grave crime or
committed for
selfish motives, -
shall be punished by restriction of liberty for the term of three to seven years
or imprisonment for the same term.
4. The actions, provided by second or third parts of this Article, committed in
the interests of criminal group, -
shall be punished by imprisonment for the term of five to ten years.
Article 420. Knowingly false testimony, conclusion of expert,
specialist or erroneous translation
1. Knowingly false testimony of witness, injured person or conclusion of expert,
specialist in a court or in the course of prejudicial investigation, as well as
certainly erroneous translation, made by translator in the same cases, as well
as upon
execution of executive documents, -
shall be punished by restriction of liberty for the term of up to six years or
imprisonment for the same term.
2. The same actions, committed on criminal case on corruption, grievous or
especially grave crime or for selfish motives, -
shall be punished by imprisonment for the term of five to ten years.
Article 421. Failure of the witness or injured person
to give evidence
Failure of the witness or injured person to give evidence in a court or in the
course of prejudicial investigation –
shall be punished by the fine in the amount of two to five thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to five years, or imprisonment for the same term.
Note. A person shall not subject to criminal responsibility for failure to give
evidence against himself (herself), husband (wife) or their close relatives, as
well as
minister of church – for failure to give evidence against those who confided to
them in
confession, mediators – against persons and on circumstances, become known to
them in
connection with the mediation, participants of national preventive mechanism –
against
persons and on circumstances, become known to them from conversations with
persons,
detained in the special institutions, providing temporary isolation from
society.
Article 422. Bribery or compulsion to give false evidences or
evasion of giving evidences, false conclusion or
to erroneous translation
1. Bribery of a witness, injured person in order to give by them the false
evidences or expert in order to give by him (her) false conclusion or false
evidences,
as well as translator in order to make him (her) erroneous translation –
shall be punished by the fine in the amount of up to four thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to four years, or imprisonment for the same term.
2. Compulsion of a witness, injured person to give false evidences, expert to
give false conclusion or translator to making erroneous translation, as well as
compulsion of specified persons to evasion of giving evidences, linked with
blackmail,
threat of homicide, infliction of harm to the health, destruction of property of
these
persons or their relatives, -
shall be punished by the fine in the amount of up to five thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to five years, or imprisonment for the same term.
3. The actions, provided by second part of this Article, committed with the use
of force, not danger for life or health of specified persons, -
shall be punished by restriction of liberty for the term of up to six years or
imprisonment for the same term.
4. The actions, provided by first or second parts of this Article, committed by
criminal group or with the use of force, danger for life or health of specified
persons,
as well as linked with accusation of commission of corruption, grievous or
especially
grave crime, -
shall be punished by imprisonment for the term of two to eight years.
Article 423. Disclosure of details of pre-trial proceeding Disclosure of details
of pre-trial proceeding by person, prevented on
inadmissibility of their disclosure in the manner established by the Law of the
Republic
of Kazakhstan, if it is committed without the consent of prosecutor or person,
carrying
out pre-trial proceedings –
shall be punished by the fine in the amount of up to two thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to two years, or imprisonment for the same term.
Article 424. Disclosure of details on safety measures, used in
relation of persons, subject to the state protection
1. Disclosure of detailed on safety measures, used in relation of persons,
subject
to the state protection, if this action is committed by person, to whom the
specified
details were trusted or become known in connection with his (her) official
activity, -
shall be punished by the fine in the amount of up to three thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to three years, or imprisonment for the same term.
2. The same action, entailed the grave consequences or committed in the
interests
of criminal group, -
shall be punished by the fine in the amount of up to six thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to six years, or imprisonment for the same term.
Article 425. Illegal action in relation of property, subjected
to inventory or arrest or subject to confiscation
1. Embezzlement, assignment, concealment or illegal transfer of property,
subjected to inventory, arrest or to which the restriction in disposition is
imposed,
committed by person, to whom this property is entrusted, as well as
implementation of
bank operations with monetary means (deposits) by employees of credit
organization, on
which the arrest is imposed or on which the debit operations are suspended, -
shall be punished by the fine in the amount of up to two thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to two years, or imprisonment for the same term.
2. Concealment or appropriation of property, subject to confiscation under
sentence or court decision, as well as other evasion of sentence or court
decision,
entered into legal force on imposition of confiscation of property –
shall be punished by the fine in the amount of up to five thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to five years, or imprisonment for the same term.
Article 426. Escape from the places of detention,
arrest or custody
1. Escape from the places of detention, arrest or custody, committed by person,
serving a sentence or being in preliminary detention, -
shall be punished by imprisonment for the term of up to three years.
2. The same action, committed:
1) by group of persons, group of persons on previous concert;
2) with the use of force, danger for life or health, or with the threat of use
of
such force;
3) with the use of weapons or items, used as weapons, -
shall be punished by imprisonment for the term of three to six years.
Note. A person, voluntary returned in the place of detention or in custody
within
seven days from the moment of escape shall be released from criminal
responsibility for
the escape, if he (she) has not committed a new criminal infraction, and if the
escape
was not be linked with the actions, provided by paragraphs 2) and 3) of second
parts of
this Article.
Article 427. Evasion from serving a sentence in the form
of imprisonment Non-return of convicted person, to whom the short-term departure
out of the place
of detention is allowed, in the correctional institutions upon expiration of the
term of
departure, as well as convicted person, using the right of movement without
convoy or
being under supervision, committed in order of evasion of further service of
sentence in
the form of imprisonment, - shall be punished by imprisonment for the term of up
to two
years.
Article 428. Insubordination to the legal requirements of
administration of criminal executive institution 1. Malicious insubordination to
the legal requirements of administration of
criminal executive institution by person, serving a sentence in the places of
detention,
- shall be punished by imprisonment for the term of two to five years.
2. The same action, committed repeatedly,- shall be punished by imprisonment for
the term of four to seven years.
3. Organization of group insubordination to the legal requirements of
administration of institution, providing isolation from society, as well as
participation in the group insubordination, linked with the use of force or
intentional
infliction of any damage or entailed other grave consequences –
shall be punished by imprisonment for the term of five to ten years.
Article 429. A threat of the use of force in relation of
officer of institution, providing isolation from society, or
his (her) relatives, as well as convicted person or
infringement on their health or life 1. A threat of the use of force in relation
of officer of institution, providing
isolation from society, or his (her) husband (wife) or close relatives in
connection
with carrying out by him (her) an official activity, as well as in relation of
convicted
person in order interfere with his (her) correction or out of revenge for
rendering by
him (her) assistance to administration of institution –
shall be punished by imprisonment for the term of two or five years.
2. Use of force, not danger for life or health, to the persons, specified in the
first part of this Article, - shall be punished by imprisonment for the term of
three to
seven years.
3. The actions, provided by first and second parts of this Article, committed by
group of persons on previous concert or with the use of force, danger for life
or
health, - shall be punished by imprisonment for the term of seven to ten years.
4. Infringement on life of officer of institution, providing isolation from
society, or his (her) husband (wife) or close relatives in connection with
carrying out
by him (her) an official activity, as well as in relation of convicted person in
order
to interfere with his (her) correction or out of revenge for rendering by him
(her)
assistance to administration of institution – shall be punished by imprisonment
for the
term of ten to twenty years or life imprisonment.
Article 430. Non-execution of sentence, court decision or other
judicial act or executive document
1. Non-execution of sentence, court decision or other judicial act or executive
document more than six months, as well as interfering with their execution –
shall be punished by restriction of liberty for the term of up to three years or
imprisonment for the same term.
2. The same actions, committed by person with the use of his (her) official
position, - shall be punished by restriction of liberty for the term of three to
five
years or imprisonment for the same term, with deprivation of the right to occupy
determined posts or to engage in a determined activity for the term of up to
five years.
3. The actions, provided by first or second parts of this Article, on which the
sum of recovery exceeds ten thousand monthly calculation indices, established by
the
legislation of the Republic of Kazakhstan for the moment of commission of a
crime, as
well as interfering with their execution – shall be punished by restriction of
liberty
for the term of up to seven years or imprisonment for the same term, with
deprivation of
the right to occupy determined posts or to engage in a determined activity for
the term
of up to five years.
Note. An imprisonment shall not be imposed to the person, committed a crime,
provided by third part of this Article and discharged all the sum of
indebtedness before
imposition of sentence.
Article 431. Evasion from administrative supervision,
established by court for persons, released from the
places of detention Evasion from administrative supervision, established by
court for persons,
released from the places of detention, consisting in unauthorized leaving of the
place
residence by supervised or non-arrival of supervised during five days excluding
weekends
and holidays to the chosen place of residence after release form places of
detention, -
shall be punished by the fine in the amount of up to one thousand monthly
calculation
indices or correctional works in the same amount, or restriction of liberty for
the term
of up to one year, or imprisonment for the same term.
Article 432. Concealment of crime
Previously unpledged concealment of corruption, grievous or especially grave
crime
– shall be punished by the fine in the amount of up to six thousand monthly
calculation
indices or correctional works in the same amount, or restriction of liberty for
the term
of up to six years, or imprisonment for the same term.
Note. A person shall not subject to criminal responsibility for previously
unpledged concealment of a crime, committed by his (her) husband (wife) or close
relatives.
Article 433. Concealment of criminal infraction
1. Intentional concealment of criminal offence of little or average gravity
crime
from registration, committed by authorized civil servant by false pretenses,
persuasion,
threat or other illegal actions in relation of a person, that filed an
application or
report on conclusively prepared or committed criminal infraction, or by
destruction or
concealment of the application of specified person by any other method, - shall
be
punished by the fine in the amount of up to two thousand monthly calculation
indices or
correctional works in the same amount, or restriction of liberty for the term of
up to
two years, or imprisonment for the same term, with deprivation of the right to
occupy
determined posts or to engage in a determined activity for the term of up to
three
years.
2. The same action, entailed concealment of grievous crime, - shall be punished
by
the fine in the amount of up to five thousand monthly calculation indices or
correctional works in the same amount, or restriction of liberty for the term of
up to
five years, or imprisonment for the same term, with deprivation of the right to
occupy
determined posts or to engage in a determined activity for the term of up to
five years.
3. The actions, provided by first or second parts of this Article:
1) entailed concealment of especially grave crime or grave consequences;
2) committed by group of persons on previous concert, -
shall be punished by restriction of liberty for the term of three to seven years
or imprisonment for the same term, with deprivation of the right to occupy
determined
posts or to engage in a determined activity for the term of up to five years.
4. The actions, provided by first, second or third parts of this Article,
committed by civil servant, holding responsible state position, or by head of
the
authorized state body or by order of these persons, - shall be punished by
imprisonment
for the term of four to ten years with deprivation of the right to occupy
determined
posts or to engage in a determined activity for the term of up to five years.
Article 434. Failure to report crime
Failure to report on conclusively known prepared or committed especially grave
crime or conclusively known prepared act of terrorism –
shall be punished by the fine in the amount of up to six thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to six years, or imprisonment for the same term.
Note. Husband (wife) or close relative of person, committed a crime, as well as
the ministers of church shall not subject to the criminal responsibility under
this
Article, for failure to report on the crimes, committed by persons, entrusted to
them
during confession.
Article 435. Interfering with legal activity of lawyers and
other persons on protection of rights, freedoms and legal
interests of person and citizen, as well as rendering of legal
assistance to the individuals and legal entities
1. Interfering with legal activity of lawyers and other persons on protection of
rights, freedoms and legal interests of person and citizen in the criminal
proceeding,
as well as rendering of legal assistance to the individuals and legal entities
or other
violation of autonomy and independence of such activity, of these actions are
inflicted
substantial harm to the rights, freedoms and legal interests of person and
citizen,
rights and legal interests of legal entities, interests of society or the state,
protected by the Law, - shall be punished by the fine in the amount of up to one
thousand monthly calculation indices or correctional works in the same amount,
or
restriction of liberty for the term of up to two years, or imprisonment for the
same
term.
3. The actions, provided by first part of this Article, committed by person with
the use of his (her) official position, -
shall be punished by the fine in the amount of up to two thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to three years, or imprisonment for the same term, with
deprivation
of the right to occupy determined posts or to engage in a determined activity
for the
term of up to three years or without it.
Article 436. Interfering with the citizen to perform duties
of jury member Interfering with the citizen to perform duties of jury member by
civil servant –
shall be punished by the fine in the amount of up to one hundred monthly
calculation indices or correctional works in the same amount, or community
services for
the term of up to one hundred and twenty hours, or arrest for the term of up to
forty
five days.
Chapter 18. MILITARY CRIMINAL INFRACTIONS
Note of RCLI!
Article 437 is provided to be in the wording of the Law of the Republic of
Kazakhstan dated 07.11.2014 No. 248-V (shall be enforced from 01.01.2015).
Article 437. Insubordination or other non-execution of order
1. Insubordination, in other words refusal to execute an order of the head, as
well as other intentional non-execution of order of the head, given in the
established
procedure by subordinate, - shall be punished by the fine in the amount of up to
one
hundred monthly calculation indices or correctional works in the same amount, or
arrest
for the term of up to forty five days.
2. The same actions, inflicted substantial harm to the interests of service, -
shall be punished by the fine in the amount of up to two hundred monthly
calculation indices or correctional works in the same amount, or arrest for the
term of
up to sixty days.
3. The actions, provided by second part of this Article, committed by group of
persons or group of persons on previous concert, as well as entailed the grave
consequences, - shall be punished by imprisonment for the term of up to five
years.
4. The actions, provided by first, second or third parts of this Article,
committed by criminal group, in the military situation or conditions of
emergency
situation, -
shall be punished by imprisonment for the term of five to fifteen years, and
upon
aggravating circumstances – from ten to twenty years or life imprisonment.
5. The actions, provided by first, second or third parts of this Article,
committed in war time, - shall be punished by imprisonment for the term of
fifteen to
twenty years or life imprisonment, or death penalty.
6. Non-execution of an order due to negligent or unconscientious attitude to the
service, entailed the grave consequences, - shall be punished by the fine in the
amount
of up to five hundred monthly calculation indices or correctional works in the
same
amount, or arrest for the term of up to ninety days.
7. An action, provided by six part of this Article, committed in war time, in
the
military situation or conditions of emergency situation, - shall be punished by
imprisonment for the term of three to ten years.
Article 438. Resistance to the head or compulsion him (her) to violation of
official obligations
1. Resistance to the head, as well as other person, performing the obligations
of
military service, imposed on him (her), or compulsion him (her) to violation of
these
obligations, linked with the force or a threat of its use, - shall be punished
by the
fine in the amount of up to five hundred monthly calculation indices or
correctional
works in the same amount, or arrest for the term of up to ninety days.
2. The same action, committed:
1) by group of persons or group of persons on previous concert;
2) with the use of weapons or special means;
3) with infliction of grievous or average gravity harm to the health, -
shall be punished by imprisonment for the term of three to ten years.
3. The actions, provided by first or second parts of this Article, committed by
criminal group, in the military situation or conditions of emergency situation,
as well
as entailed the death of person, - shall be punished by imprisonment for the
term of ten
to twenty years or life imprisonment.
4. The actions, provided by first or second parts of this Article, committed in
war time, - shall be punished by imprisonment for the term of fifteen to twenty
years or
life imprisonment, or death penalty.
Article 439. Violent actions in relation of the head
1. Bodily blows, infliction of bodily harm to the health, or use of other force
in relation of the head, committed during performing him (her) the obligations
of
military service or in connection with performance of these obligations, -
shall be punished by the fine in the amount of up to one thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to one years, or imprisonment for the same term.
2. The same actions, committed:
1) by group of persons or group of persons on previous concert;
2) with the use of weapons;
3) with infliction of grievous or average gravity harm to health, -
shall be punished by imprisonment for the term of three to ten years.
3. The actions, provided by first or second parts of this Article, committed by
criminal group, in the military situation or conditions of emergency situation,
as well
as entailed the death of person, - shall be punished by imprisonment for the
term of ten
to twenty years or life imprisonment.
4. The actions, provided by first or second parts of this Article, committed in
war time, - shall be punished by imprisonment for the term of fifteen to twenty
years or
life imprisonment, or death penalty.
Article 440. Violation of charter rules of relationship between
military servants in the absence between them
subordination relations 1. Violation of charter rules of relationship between
military servants in the
absence between them subordination relations, consisting in bodily blows,
infliction of
bodily harm to the health or other force or linked with breach of honour and
dignity or
abuse over injured person, -
shall be punished by the fine in the amount of up to three hundred monthly
calculation indices or correctional works in the same amount, or arrest for the
term of
up of seventy five days.
2. The same action, committed repeatedly,- shall be punished by the fine in the
amount of up to five hundred monthly calculation indices or correctional works
in the
same amount, or arrest for the term of up to ninety days.
3. The actions, provided by first or second parts of this Article, committed:
1) in relation of two or more persons;
2) by group of persons or group of persons on previous concert;
3) with the use of weapons or special means;
4) with the use of grievous or average gravity harm to the health, -
shall be punished by imprisonment for the term of four to eight years.
4. The actions, provided by first, second or third parts of this Article,
committed by criminal group or entailed the death of person or other grave
consequences,
-
shall be punished by imprisonment for the term of eight to twelve years.
Note of RCLI!
Article 441 is provided to be in the wording of the Law of the Republic of
Kazakhstan dated 07.11.2014 No. 248-V (shall be enforced from 01.01.2015).
Article 441. Unwarranted leaving of unit or place of service
1. Unwarranted leaving of unit or place of service as well as failure to appear
within period for service without reasonable excuse, committed in war time, if
unwarranted absence lasted for more than five days, but not more than one
month,- shall
be punished by the fine in the amount of up to five hundred monthly calculation
indices
or correctional works in the same amount, or arrest for the term of up to ninety
days.
2. The same actions, if unwarranted absence lasted for more than one month, -
shall be punished by the fine in the amount of up to two thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to three years, or imprisonment for the same term.
3. Unwarranted leaving of unit or place of service, committed with weapon,
entrusted in the service, or group of persons or group of persons on previous
concert,
if unwarranted absence lasted for more than one day, - shall be punished by
imprisonment
for the term of up to five days.
4. Unwarranted leaving of unit or place of service, committed in the military
situation or conditions of emergency situation, if unwarranted absence lasted
for more
than one day, - shall be punished by imprisonment for the term of five to ten
days.
5. Unwarranted leaving of unit or place of service in war time independent from
duration – shall be punished by imprisonment for the term of ten to fifteen
years.
Note. A military servant, committed an action, provided by first, second or
third
parts of this Article may be released from criminal responsibility, if this
action was
the result of a set of heavy and other circumstances.
Article 442. Desertion
1. Desertion, in other words unwarranted leaving of unit or place of service for
the purposes of evasion of military service, as well as failure to appear for
service
with the same purpose, -
shall be punished by imprisonment for the term of up to five years.
2. Desertion with weapon, entrusted by service, as well as desertion, committed
by group of persons on previous concert, -
shall be punished by imprisonment for the term of three to seven years.
3. The actions, provided by first or second parts of this Article, committed in
in the military situation or conditions of emergency situation, -
shall be punished by imprisonment for the term of ten to twenty years or life
imprisonment.
4. The actions, provided by first or second parts of this Article, committed in
war time, -
shall be punished by imprisonment for the term of ten to twenty years or life
imprisonment, or the death penalty.
Note. A military servant, committed desertion, provided by first or second parts
of this Article may be released by court from criminal responsibility, if
desertion is
resulted from a set of heavy circumstances.
Article 443. Evasion or refusal of serving military service
1. Evasion of military servant from execution of duties of military service by
simulation of the disease or infliction yourself any damage (self-mutilation) or
other
harm to health or forgery of documents, or other fraud, as well as refusal of
serving
military service –
shall be punished by the fine in the amount of up to five hundred monthly
calculation indices or correctional works in the same amount, or arrest for the
term of
up to ninety days.
2. The same actions, committed in in the military situation or conditions of
emergency situation, -
shall be punished by imprisonment for the term of ten to twenty years or life
imprisonment.
3. The actions, provided by first part of this Article, committed in war time, -
shall be punished by imprisonment for the term of ten to twenty years or life
imprisonment or death penalty.
Article 444. Violation of rules of serving of combat duty
1. Violation of rules of serving of combat duty (combat service) on early
detection and holding off a sudden attack against the Republic of Kazakhstan or
on
ensuring its safety, if this action is entailed or may entail infliction
substantial
harm to the interests of the state, -
shall be punished by the fine in the amount of up to two thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to two years, or imprisonment for the same term.
2. The same action, entailed the grave consequences, - shall be punished by
imprisonment for the term of three to ten years.
3. The actions, provided by first or second parts of this Article, committed in
the military situation or in war time, - shall be punished by imprisonment for
the term
of ten to twenty years or life imprisonment or the death penalty.
Note. A military servant, committed an action, provided by first part of this
Article for the first time, upon mitigating circumstances may be released by
court from
criminal responsibility.
Article 445. Violation of rules of protection of the State
boundary of the Republic of Kazakhstan
1. Violation of rules of protection of the State boundary of the Republic of
Kazakhstan, as well as in the checkpoints, by person, included in the
composition of
border patrol unit or execution other obligations on protection of the State
boundary,
if this action is entailed substantial harm to the interests of security of the
state, -
shall be punished by the fine in the amount of up to two thousand monthly
calculation
indices or correctional works in the same amount, or restriction of liberty for
the term
of up to two years, or imprisonment for the same term.
2. The same action, entailed the grave consequences or committed by group of
persons on previous concert, - shall be punished by imprisonment for the term of
up to
five years.
Note. A military servant, committed an action, provided by first part of this
Article, for the first time, upon mitigating circumstances may be released from
criminal
responsibility.
Article 446. Violation of charter rules of serving of guard
(watch keeping) service
1. Violation of charter rules of serving of guard (watch keeping) service by
person, including in the composition of guard (watch), if this action is
entailed
infliction of harm to the objects, protected by the guard (watch) or occurrence
of other
harmful consequences, - shall be punished by the fine in the amount of up to two
thousand monthly calculation indices or correctional works in the same amount,
or
restriction of liberty for the term of up to two years, or imprisonment for the
same
term.
2. The same action, entailed the grave consequences or committed by group of
persons or group of persons on previous concert, - shall be punished by
imprisonment for
the term of two to seven years.
Note. A military servant, committed an action, provided by first part of this
Article, for the first time, upon mitigating circumstances may be released from
criminal
responsibility.
Article 447. Violation of charter rules of serving of internal
service or patrol in the garrison
1. Violation of charter rules of serving of internal service by person,
including
in the daily detail of unit (except for the guard and watch), as well as
violation of
charter rules of patrol in the garrison and orders and instructions, issued in
the
development of these rules by person, including in the composition of patrol
detail, if
they are entailed the heavy consequences, the warning of which is included in
the
obligation of this person, - shall be punished by the fine in the amount of up
to five
hundred monthly calculation indices or correctional works in the same amount, or
arrest
for the term of up to ninety days.
2. The same actions, entailed the grave consequences or committed by group of
persons or group of persons on previous concert, - shall be punished by
imprisonment for
the term of up to five years.
Note. A military servant, committed the actions, provided by first part of this
Article, for the first time, upon mitigating circumstances may be released from
criminal
responsibility.
Article 448. Violation of rules of service of control service
1. Violation of rules of service of control service to the military servants,
exercising control functions, if this action is inflicted substantial harm to
the rights
or legal interests of citizens or organizations or legally protected interests
of
society or the state, - shall be punished by the fine in the amount of up to
five
hundred monthly calculation indices or correctional works in the same amount, or
arrest
for the term of up to ninety days.
2. The same action, entailed the grave consequences or committed by group of
persons or group of persons on previous concert, - shall be punished by
imprisonment for
the term of up to five years.
Note. A military servant, committed an action, provided by first part of this
Article, for the first time, upon mitigating circumstances may be released from
criminal
responsibility.
Article 449. Violation of rules of serving of service on
protection of public order and ensuring of public security
1. Violation of rules of serving of service by person, including in the
composition of military detail on protection of public order and ensuring of
public
security, if this action is entailed substantial harm to the rights and legal
interests
of citizens or organizations, -
shall be punished by the fine in the amount of up to one hundred monthly
calculation indices or correctional works in the same amount, or arrest for the
term of
up to forty five days.
2. The same action, entailed the grave consequences or committed by group of
persons or group of persons on previous concert, -
shall be punished by imprisonment for the term of up to five years.
3. The actions, provided by first or second parts of this Article, committed in
the conditions of emergency situation, -
shall be punished by imprisonment for the term of three to seven years.
Article 450. Abuse of authority
1. Abuse of the head or civil servant of authority or official position contrary
to the interests of service for the purposes of deriving profits and advantages
for
themselves or other persons or organizations or infliction of harm to other
persons or
organizations, if it is entailed substantial violation of rights and legal
interests of
citizens or organizations or legally protected interests of society or the
state, -
shall be punished by the fine in the amount of up to four thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to four years, or imprisonment for the same term, with
confiscation
of property, with deprivation of the right to occupy determined posts or to
engage in a
determined activity for life.
2. The same action, entailed the grave consequences, -
shall be punished by imprisonment for the term of four to seven years with
confiscation of property, with deprivation of the right to occupy determined
posts or to
engage in a determined activity for life.
3. The actions, provided by first or second parts of this Article, committed in
the military situation, -
shall be punished by imprisonment for the term of seven to fifteen years with
confiscation of property, with deprivation of the right to occupy determined
posts or to
engage in a determined activity for life.
4. The actions, provided by first or second parts of this Article, committed in
war time, -
shall be punished by imprisonment for the term of ten to twenty years or life
imprisonment, with confiscation of property, with deprivation of the right to
occupy
determined posts or to engage in a determined activity for life.
Article 451. Exceeding authority
1. Exceeding authority or official powers, in other words commission the actions
by the head or civil servant, obviously going beyond his (her) rights and
powers,
entailed substantial violation of rights and legal interests of citizens or
organizations or legally protected interests of society or the state, -
shall be punished by the fine in the amount of up to five thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to five years, or imprisonment for the same term.
2. The same action, entailed the grave consequences or committed:
1) with the use of weapons or special means;
2) for the purposes of deriving profits and advantages for himself (herself) or
other persons or organizations, or infliction of harm to other persons or
organizations,
-
shall be punished by imprisonment for the term of five to seven years, and in
the
cases, provided by paragraph 2), with confiscation of property, with deprivation
of the
right to occupy determined posts or to engage in a determined activity for life.
3. The actions, provided by first or second parts of this Article, committed in
the military situation, -
shall be punished by imprisonment for the term of seven to fifteen years with
confiscation of property, with deprivation of the right to occupy determined
posts or to
engage in a determined activity for life.
4. The actions, provided by first or second parts of this Article, committed in
war time, - shall be punished by imprisonment for the term of ten to twenty
years or
life imprisonment, with confiscation of property, with deprivation of the right
to
occupy determined posts or to engage in a determined activity for life.
Article 452. Failure to use authority
1. Failure to use authority, in other words non-execution of duties by the head
or
civil servant for the purposes of deriving profits and advantages for himself
(herself)
or other persons or organizations or infliction of harm to other persons or
organizations, if it is entailed substantial violation of rights and legal
interests of
citizens or organizations or legally protected interests of society or the
state, -
shall be punished by the fine in the amount of up to three thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to three years, or imprisonment for the same term, with
confiscation
of property, with deprivation of the right to occupy determined posts or to
engage in a
determined activity for life.
2. The same action, entailed the grave consequences, - shall be punished by
imprisonment for the term of four to eight years with confiscation of property,
with
deprivation of the right to occupy determined posts or to engage in a determined
activity for life.
3. The actions, provided by first or second parts of this Article, committed in
the military situation, - shall be punished by imprisonment for the term of five
to ten
years with confiscation of property, with deprivation of the right to occupy
determined
posts or to engage in a determined activity for life.
4. The actions, provided by first or second parts of this Article, committed in
war time, - shall be punished by imprisonment for the term of ten to twenty
years with
confiscation of property, with deprivation of the right to occupy determined
posts or to
engage in a determined activity for life.
Article 453. Habitual negligence in office 1. Habitual negligence of the head or
civil servant in office, inflicted
substantial harm,- shall be punished by the fine in the amount of up to one
thousand
monthly calculation indices or correctional works in the same amount, or
restriction of
liberty for the term of up to one years, or imprisonment for the same term.
2. The same action, entailed the grave consequences, - shall be punished by
imprisonment for the term of up to five years.
3. The actions, provided by first or second parts of this Article, committed in
war time or in the military situation, - shall be punished by imprisonment for
the term
of three to ten years.
Note. A military servant, committed an action, provided by first part of this
Article, for the first time, upon mitigating circumstances may be released from
criminal
responsibility.
Article 454. Abandonment of a warship in distress 1. Abandonment of a warship in
distress by commander, not completed his (her)
official duties, as well as by person from the composition of ship's crew
without proper
order from the commander – shall be punished by the fine in the amount of up to
two
thousand monthly calculation indices or correctional works in the same amount,
or
restriction of liberty for the term of up to two years, or imprisonment for the
same
term.
2.The same action, committed in war time or in the military situation, -
shall be punished by imprisonment for the term of five to ten years.
Article 455. Surrender or leaving of means of warfare
to the enemy
Surrender by the chief of military forces, entrusted to him (her), as well as
leaving of fortifications, war materials and other means of warfare, which does
not
caused by military situation, to the enemy, if the specified actions are not
committed
for the purposes of contribution to the enemy, - shall be punished by
imprisonment for
the term of ten to twenty years or life imprisonment, or death penalty.
Article 456. Voluntary surrender into captivity
Voluntary surrender into captivity due to white feather or cowardice –
shall be punished by imprisonment for the term of five to ten years.
Article 457. Looting Stealing of things, being at the dead and wounded
(looting), on the battlefield,-
shall be punished by imprisonment for the term of five to ten years.
Article 458. Disclosure of security information of military
nature or loss of carriers of security information
of military nature
1. Loss of carriers of security information of military nature, not containing
the
state secrets by negligence, by person to whom they were entrusted by service,
if loss
was a result of violation of established rules of handling with specified
carriers, -
shall be punished by the fine in the amount of up to five hundred monthly
calculation
indices or correctional works in the same amount, or arrest for the term of up
to ninety
days.
2. Disclosure of secret information of military nature, not containing the state
secrets, by person, to whom they were entrusted or became known by service, -
shall be punished by the fine in the amount of up to two thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to two years, or imprisonment for the same term.
3. The actions, provided by first or second parts of this Article, entailed
infliction of heavy damage or occurrence of other grave consequences, - shall be
punished by imprisonment for the term of five to ten years.
4. The actions, provided by first, second or third parts of this Article,
committed in military situation or conditions of emergency situation, - shall be
punished by imprisonment for the term of seven to twelve years.
5. The actions, provided by first, second or third parts of this Article,
committed in war time, - shall be punished by imprisonment for the term of ten
to twenty
years.
Article 459. Intentional destruction or damaging of
military property
1. Intentional destruction or damaging of weapons, ammunition, means of
transport,
military equipment or other military property – shall be punished by the fine in
the
amount of up to two thousand monthly calculation indices or correctional works
in the
same amount, or restriction of liberty for the term of up to two years, or
imprisonment
for the same term.
2. The same action, entailed the grave consequences or committed with the use of
force or threat of its use or by group of persons or group of persons on
previous
concert, - shall be punished by imprisonment for the term of up to five years.
3. The actions, provided by first or second parts of this Article, committed in
military situation or conditions of emergency situation, - shall be punished by
imprisonment for the term of five to twelve years.
4. The actions, provided by first or second parts of this Article, committed in
war time, - shall be punished by imprisonment for the term of ten to twenty
years.
Article 460. Negligent destruction or damaging of
military property
Negligent destruction or damaging of weapons, ammunition, means of transport or
military engineering items, entailed the grave consequences, -
shall be punished by the fine in the amount of up to five hundred monthly
calculation indices or correctional works in the same amount, or arrest for the
term of
up to ninety days.
Article 461. Loss of military property
Violation of rules of conservation of weapons, ammunition or military
engineering
items, entrusted for official use, if it is entailed their loss, - shall be
punished by
the fine in the amount of up to two thousand monthly calculation indices or
correctional
works in the same amount, or restriction of liberty for the term of up to two
years, or
imprisonment for the same term.
Article 462. Violation of rules of handling with weapons,
as well as with materials and items, constituting
a danger for others
1. Violation of rules of handling with weapons, ammunition, radioactive
materials,
explosive or other substances and objects, presenting increased danger for
others, if it
is entailed infliction grievous or average gravity harm to the health of person
by
negligence, destruction of military property or other grave consequences, -
shall be
punished by the fine in the amount of up to two thousand monthly calculation
indices or
correctional works in the same amount, or restriction of liberty for the term of
up to
two years, or imprisonment for the same term.
2. The same action, entailed the death of person by negligence, - shall be
punished by imprisonment for the term of up to five years.
3. An action, provided by first part of this Article, entailed the death of two
or
more persons by negligence, - shall be punished by imprisonment for the term of
five to
ten years.
Article 463. Violation of rules of driving or operating
of vehicles 1. Violation of rules of driving or operating of armed, special or
transport
vehicle, entailed infliction of average gravity harm to the heath of person by
negligence, -
shall be punished by the fine in the amount of up to three hundred monthly
calculation indices or correctional works in the same amount, or arrest for the
term of
up to seventy five days, with deprivation of the right to occupy determined
posts or to
engage in a determined activity for the term of up to two years.
2. The same action, entailed infliction of grievous harm to the health of person
by negligence, - shall be punished by the fine in the amount of up to three
thousand
monthly calculation indices or correctional works in the same amount, or
restriction of
liberty for the term of up to three years, or imprisonment for the same term,
with
deprivation of the right to occupy determined posts or to engage in a determined
activity for the term of up to three years.
3. An action, provided by first part of this Article, entailed the death of
person
by negligence, - shall be punished by imprisonment for the term of up to five
years with
deprivation of the right to occupy determined posts or to engage in a determined
activity for the term of up to five years.
4. An action, provided by first part of this Article, entailed the death of two
or
more persons by negligence, - shall be punished by imprisonment for the term of
five to
ten years with deprivation of the right to occupy determined posts or to engage
in a
determined activity for the term of up to ten years.
Article 464. Violation of flight rules or training to them Violation of flight
rules or training to them, as well as violation of rules of
operation of military aircrafts, entailed the death of person or other grave
consequences by negligence, - shall be punished by imprisonment for the term of
three to
ten years with deprivation of the right to occupy determined posts or to engage
in a
determined activity for the term of up to ten years or without it.
Article 465. Violation of rules of ship navigation
Violation of rules of run or operation of warships, entailed the death of person
or other grave consequences by negligence, - shall be punished by imprisonment
for the
term of three to ten years with deprivation of the right to occupy determined
posts or
to engage in a determined activity for the term of up to ten years or without
it.
Article 466. Driving of vehicles, ship navigation, control of
military aircraft by person in the state of alcoholic,
narcotic or toxic intoxication, transmission driving or
control or access to driving or control of military
equipment of such person
1. Driving of armed, special or transport vehicle or run of warships, or control
of military aircraft by person, being in the state of alcoholic, narcotic or
toxic
intoxication, or transmission driving or control of specified military equipment
to such
person, as well as access to driving or control of specified military equipment
of such
person, committed by civil servant, - shall be punished by the fine in the
amount of up
to five hundred monthly calculation indices or correctional works in the same
amount, or
arrest for the term of up to ninety days, with deprivation of the right to
occupy
determined posts or to engage in a determined activity for the term of up to two
years.
2. The same actions, entailed infliction of average gravity harm to the health
of
person by negligence, - shall be punished by the fine in the amount of up to one
thousand monthly calculation indices or correctional works in the same amount,
or
restriction of liberty for the term of up to two years, or imprisonment for the
same
term, with deprivation of the right to occupy determined posts or to engage in a
determined activity for the term of up to five years.
3. The actions, provided by first part of this Article, entailed infliction of
grievous harm to the health by negligence, -
shall be punished by the fine in the amount of up to three thousand monthly
calculation indices or correctional works in the same amount, or restriction of
liberty
for the term of up to five years, or imprisonment for the same term, with
deprivation of
the right to occupy determined posts or to engage in a determined activity for
the term
of up to six years.
4. The actions, provided by first part of this Article, entailed the death of
person by negligence, -
shall be punished by imprisonment for the term of five to ten years with
deprivation of the right to occupy determined posts or to engage in a determined
activity for the term of up to seven years.
5. The actions, provided by first part of this Article, entailed the death of
two
or more persons by negligence, -
shall be punished by imprisonment for the term of seven to twelve years with
deprivation of the right to occupy determined posts or to engage in a determined
activity for the term of up to ten years.
FINAL PROVISIONS
Article 467. On entering of this Code into force and
recognition of several legislative acts of the Republic
of Kazakhstan as considered to have lost force 1. This Code enters into force
from 1 January, 2014, except for the Article 45,
which is enforced from 1 January, 2017, and Article 48, which enters into force
from1
January, 2008.
2. Provisions, vested in Article 287 of this Code shall be distributed to the
persons, having permissions of bodies of internal affairs for storage and
bearing of
fire tuneless, gas weapons with possibility of shooting by cartridge of
traumatic
action, dated 1 January, 2016.
3. Shall be considered to have lost force from the date of entry into force of
this Code:
1) Penal Code of the Republic of Kazakhstan dated 16 July, 1997, No. 15-16,
Article 211; 1998, No. 16, Article 219; No. 17-18, Article 225; 1999, No. 20,
Article
721; No. 21, Article 774; 2000, No. 6, Article 141; 2001, No. 8, Article 53, 54;
2002,
No. 4, Article 32, 33; No. 10, Article 106; No. 17, Article 155; No. 23-24,
Article 192;
2003, No. 15, Article 137; No. 18, Article 142; 2004, No. 5, Article 22; No. 17,
Article
97; No. 23, Article 139; 2005, No. 13, Article 53; No. 14, Article 58; No.
21-22,
Article 87; 2006, No. 2, Article 19; No. 3, Article 22; No. 5-6, Article 31; No.
8,
Article 45; No. 12, Article 72; No. 15, Article 92; 2007, No. 1, Article 2; No.
4,
Article 33; No. 5-6, Article 40; No. 9, Article 67; No. 10, Article 69; No. 17,
Article
140; 2008, No. 12, Article 48; No. 13-14, Article 58; No. 17-18, Article 72; No.
23,
Article 114; No. 24, Article 126; 2009, No. 6-7, Article 32; No. 13-14, Article
63; No.
15-16, Article 71, 73, 75; No. 17, Article 82, 83; No. 24, Article 121, 122,
125, 127,
128, 130; 2010, No. 1-2, Article 5; No. 7, Article 28, 32; No. 11, Article 59;
No. 15,
Article 71; No. 20-21, Article 119; No. 22, Article 130; No. 24, Article 149;
2011, No.
1, Article 9; No. 2, Article 19, 28; No. 19, Article 145; No. 20, Article 158;
No. 21,
Article 161; No. 24, Article 196; 2012, No.1, Article 5; No. 2, Article 13; No.
3,
Article 26, 27; No. 4, Article 30; No. 5, Article 35, 36; No. 10, Article 77;
No. 12
Article 84; 2013, No. 1, Article 2; No. 4, Article 21; No. 7, Article 36; No.
10-11,
Article 54, 56; No. 14, Article 72; No. 15, Article 78; 2014, No. 1, Article 9;
No. 2,
Article 11; No. 4-5, Article 24; No. 8, Article 49), except for Article 51,
shall be
considered to have lost force from the date 1 January, 2018;
2) The Law of the Republic of Kazakhstan dated 16 July, 1997 “On enforcement of
Penal Code of the Republic of Kazakhstan” (Bulletin of the Parliament of the
Republic of
Kazakhstan, 1997, No. 15-16, Article 212; 2000, No. 6, Article 141; 2002, No.
18,
Article 158; 2003, No. 24, Article 180; 2009, No. 24, Article 128; 2014, No. 8,
Article
49).
The President
of the Republic of Kazakhstan N.Nazarbayev
© 2012. Republican Center of Legal Information of the Ministry of Justice RSE on
the basis of
economic control rights