Unofficial translation
Footnote. The table of contents is excluded by the Law of the Republic of Kazakhstan dated 02.07.2021 № 62-VII (shall be enforced upon expiration of sixty calendar days after the day of its first official publication).
Footnote. Throughout the text:
the words "information and communication networks", "information and communication network" and "information and communication network" are replaced respectively with the words "telecommunication networks", "telecommunication networks" and "telecommunication network";
the words "national electronic information resources" and "national information systems" are replaced by the words "state electronic information resources" and "information systems of state bodies" in accordance with the Law of the Republic of Kazakhstan dated 24.11.2015 № 419-V (shall be enforced from 01.01.2016);
the words “HIV/AIDS” are replaced by the word “HIV” in accordance with Law № 208-VI of the Republic of Kazakhstan as of 28.12.2018 (shall be enforced ten calendar days after its first official publication);
Footnote. throughout the text, the words "damage to the environment" shall be replaced by the words "environmental damage" in accordance with the Law of the Republic of Kazakhstan dated 02.01.2021 № 401-VI (shall be enforced from 01.07.2021).
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 is based on the Constitution of the Republic of Kazakhstan and generally recognized principles and norms of the international law. The Constitution of the Republic of Kazakhstan has supreme legal force and direct effect throughout the territory of the Republic. In case of contradictions between the norms of this Code and the Constitution of the Republic of Kazakhstan, the provisions of the Constitution shall apply. The norms of this Code, recognized as unconstitutional, including those infringing on the rights and freedoms of a person and citizen enshrined in the Constitution of the Republic of Kazakhstan, shall lose their legal force and shall not be applied. Regulatory resolutions of the Constitutional Court and the Supreme Court of the Republic of Kazakhstan are an integral part of the penal legislation of the Republic of Kazakhstan.
3. International treaties ratified by the Republic of Kazakhstan shall have the priority before this Code. The procedure and conditions of action on the territory of the Republic of Kazakhstan of international treaties, of which the Republic of Kazakhstan is a party, shall be determined by the legislation of the Republic of Kazakhstan.
Footnote. Article 1 as amended by the Law of the Republic of Kazakhstan dated 27.12.2018 № 205-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 05.11.2022 № 157-VII (shall be enforced from 01.01.2023).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 - the use by the guilty person of forced labor, prostitution by another person or other sexual services provided by him, forcing a person to beg, commit illegal activities or other actions related to the exercise by the guilty person of some or all of the powers of the owner with respect to the person.
Notes. The use of forced labor by the guilty person shall be understood to mean any work or service required from a person by the use of violence or the threat of its use or the threat of any punishment, for the performance of which this person has not voluntarily offered his services, with the exception of cases stipulated by the laws of the Republic of Kazakhstan.
The use by the guilty person of prostitution by another person or other sexual services provided by him shall be understood to mean forcing a person to engage in prostitution or to provide other services of a sexual nature for the purpose of appropriating the income received or a part thereof, as well as without pursuing this goal by the guilty person.
Coercion of a person to engage in begging shall be understood to mean a coercion to commit an antisocial act related to begging other persons for money and (or) other property.
Coercion by a guilty person to commit an unlawful activity shall mean coercion of a person to commit an offense for the purpose of extracting income or property benefits.
1-1) crimes related to human trafficking – acts stipulated by articles 116, 125 (paragraph 2) Part three), 126 (paragraph 2) parts three), 128, 134, 135, 308 and 309 of this Code;
2) significant damage and significant amount – in Articles: 198 and 199 – the amount of damage or the value of the rights for the use of intellectual property objects or the value of copies of copyright objects and (or) related rights or goods containing inventions, utility models, industrial designs, selection achievements or topographies of integrated circuits, two hundred times exceeding the monthly calculation index; 202 – damage in an amount one hundred times exceeding the monthly calculation index; 214 – the quantity of goods, whose value exceeds two thousand monthly calculation indices; 217-1 – damage in an amount two hundred times exceeding the monthly calculation index; 233 – damage caused in an amount one thousand times exceeding the monthly calculation index; 269-1 – damage in an amount two hundred times exceeding the monthly calculation index; 325, 326, 328, 334, 335, 337 and 342 - the value of expenses required to eliminate environmental damage or restore consumer properties of natural resources, in an amount exceeding one hundred monthly calculation indices; 340 - the value of expenses required to eliminate environmental damage or restore consumer properties of natural resources, in an amount exceeding fifty monthly calculation indices; in other articles - the amount of damage two hundred times exceeding the monthly calculation index; 366 and 367 - the amount of money, the value of securities, other property or property benefits from fifty to three thousand monthly calculation indices;
3) especially large damage and especially large amount – in articles: 188, 188-1, 191, 192 and 295-1 – the value of property or the amount of damage, two thousand times higher than the monthly calculation index; 189, 190, 194, 195, 197, 202, 204 and 425 – the value of the property or the amount of damage, four thousand times higher than the monthly calculation index; 214 and 301-1 – income, the amount of which exceeds twenty thousand monthly calculation indices; 216 – damage caused to a citizen in an amount five thousand times higher than the monthly calculation index, or damage caused to an 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; 218-1 – money, property rights and (or) other property in the amount exceeding twenty thousand monthly calculation indices; 229, 230 – damage in the amount twenty thousand times exceeding the monthly calculation index; 234 – the value of the displaced goods exceeding twenty thousand monthly calculation indices; 235-1 – the amount of illegally exported, forwarded or transferred currency values exceeding one hundred thousand monthly calculation indices; 245 – the amount of unreceived payments to the budget exceeding seventy-five thousand monthly calculation indices for the audited period, provided that the amount of taxes and other mandatory payments to the budget accrued based on the results of a tax audit for one calendar year from the audited period exceeds ten percent of the amount of all taxes and other mandatory payments to the budget, calculated by the taxpayer for this calendar year; 253 – the amount of money, the value of securities, other property or property benefits 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, 339, 342 and 343 is the cost expression of the costs necessary to eliminate environmental damage or restore the consumer properties of natural resources in an amount exceeding twenty thousand monthly calculation indices; 365 – damage caused to a citizen in an amount two thousand times higher than the monthly calculation index, or damage caused to an organization or the state in an amount ten thousand times higher than the monthly calculation index; 366 and 367 – the amount of money, the value of securities, other property or property benefits in excess of ten thousand monthly calculation indices; in other articles – the amount of damage in an amount four thousand times higher than 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) a representative of authority - a person who is in the state service, vested as prescribed by the law of the Republic of Kazakhstan with administrative powers in relation to persons who are not subordinated to him, including a serviceman of a law enforcement or special state body, a serviceman of a military police body, a serviceman, engaged in maintaining 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) serious harm to health - harm to human health, dangerous to his life, or other harm to health, resulting in: loss of vision, speech, hearing or any organ; loss of body functions; indelible disfigurement of the face; a health disorder associated with a significant permanent loss of general ability to work by at least one third; complete loss of professional ability to work; abortion; mental, behavioral disorder (disease), including those associated with the use of psychoactive substances;
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 a responsible 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 the direct performance of the functions of the state and the powers of state bodies, including a deputy of the Parliament of the Republic of Kazakhstan, a judge of the Constitutional Court of the Republic of Kazakhstan , a judge, the Commissioner for Human Rights in the Republic of Kazakhstan, as well as a person who, under the legislation of the Republic of Kazakhstan on state service, holds a political public position or an administrative public position of corps "A";
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;
18-1) Crimes involving violence against minors, – acts provided for in paragraph 14) of part two, paragraph three of article 99, paragraph three of article 105, paragraph 11) of part two and paragraph three of article 106 (in the case of a crime committed against a minor), paragraph 8) of part two of article 107, paragraph 8) of part two of article 108-1, paragraph 1) of part two of article 110 (in the case of a crime committed against a minor), paragraph 2) of part two and part three of article 116 (in the case of a crime committed against a minor), parts two, three and four of article 119 (in the case of committing crimes against a minor), paragraph 5) of part two and part three of article 125 (in the case of a crime committed against a minor), paragraph 5) of part two and part three of article 126 (in the case of a crime committed against a minor), paragraph 3) of part two of article 127, part three of article 133 (in case of committing a crime involving violence), articles 135 and 146 (in the case of a crime committed against a minor) of this Code;
19) a person performing managerial functions in a commercial or other organization - a person who permanently, temporarily or by special authority performs organizational and administrative or administrative and economic duties in an organization that is not a state body, local government, state organization or entity of the quasi-public sector;
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;
20-1) other grave harm to the vital interests of the Republic of Kazakhstan – harm caused as a result of committing actions provided for by part two of Article 160, Article 163, part two of Article 164, Articles 168, 169, 175, part three of Article 179, part three of Article 180, Article 181, part three of Article 182, Article 455 of this Code;
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);
23) criminal society – an association of two or more criminal organizations, colluded for joint commission of one or more criminal infractions, as well as creating conditions for independent commission of one or more criminal infractions by 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;
26-1) compulsory payment - obligation of the person who has committed a criminal infraction on payment of a fixed monetary amount levied on the guilty verdict of the court in accordance with the legislation of the Republic of Kazakhstan on the victims compensation Fund; 29) corruption crimes – actions provided for by Articles 189 (paragraph 2) of part three), 190 (paragraph 2) of part three), 216 (paragraph 4) of part two), 217 (paragraph 3) of part three), 218 (paragraph 1) of part three), 234 (paragraph 1) of part three), 249 (paragraph 2) of part three), 307 (paragraph 3) of part three), 361, 362 (paragraph 3) of part four), 364, 365, 366, 367, 368, 369, 370, 450, 451 (paragraph 2) of part two) and 452 of this Code;
27) a person authorized to perform state functions - a person who is in the state service, a deputy of maslikhat, a person temporarily performing the duties stipulated by the public position, before being appointed to state service, as well as a person temporarily appointed to a military position of a military serviceman under a contract of an officer or temporarily performing his duties;
Note!The provision was made by the Law of the Republic of Kazakhstan dated 23.12.2023 № 50-VIII for the change of subparagraph 28) (shall be enforced from 01.01.2025).
28) a person equated to persons authorized to perform state functions - a person elected to local self-government bodies; a citizen registered as prescribed 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, akims of districts, cities of oblast subordinance, cities of district subordinance, towns, villages, rural districts, as well as members of an elective body of local self-government; a civil servant permanently or temporarily working in a local self-government body, whose salary is paid from the state budget of the Republic of Kazakhstan; a person performing managerial functions in a state organization or a quasi-public sector entity, as well as a person authorized to make decisions on the organization and conduct of procurement, including public procurement, or responsible for the selection and implementation of projects financed from the state budget and the National Fund of the Republic of Kazakhstan holding a position not lower than the head of an independent structural unit in these organizations; employees of the National Bank of the Republic of Kazakhstan and its departments; employees of an authorized civil aviation organization, acting in accordance with the legislation of the Republic of Kazakhstan on the use of the airspace of the Republic of Kazakhstan and aviation activities; employees of the authorized body for regulation, control and supervision of the financial market and financial organizations;
28-1) official document- a document drawn up by an individual or a legal entity, which is executed and certified in the manner established by the legislation of the Republic of Kazakhstan;
29) corruption crimes – acts provided for in articles 189 (paragraph 2) part three, part four in the case of signs provided for in paragraph 2) part three), 190 (paragraph 2) part three, part four in the case of signs provided for in paragraph 2) part three), 218 (paragraph 1) part three), 218-1 (paragraph 1) part four), 234 (paragraph 1) part three), 249 (paragraph 2) part three), 361, 362 (paragraph 3) part four), 364, 365, 366, 367, 368, 369, 370, 450, 451 ( paragraph 2) parts two) 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;
37-1) funds received from foreign sources – money and (or) other property provided by foreign states, international and foreign organizations, foreigners, stateless persons;
38) major damage and large amount – in Articles: 185, 186 and 458 – damage in an amount five hundred times exceeding the monthly calculation index; 188, 188-1, 191 and 192 – the value of property or the amount of damage five hundred times exceeding the monthly calculation index; 189, 190, 194, 195, 196, 197, 200, 202, 204, 269-1, 295-1 and 425 – the value of property or the amount of damage one thousand times exceeding the monthly calculation index; 198 and 199— the amount of damage or the cost of the rights to the use of intellectual property objects or the cost of copies of copyright objects and (or) related rights or goods containing inventions, utility models, industrial designs, selection achievements or topographies of integrated circuits, one thousand times exceeding the monthly calculation index; 214 — income, the amount of which exceeds ten thousand monthly calculation indices; 214, 221, 237, 238 (part one), 239 (parts one and two), 242, 243 and 250 (part two) — damage caused to a citizen in an amount two thousand times exceeding the monthly calculation index, or damage caused to an organization or the state in an amount ten thousand times exceeding the monthly calculation index; 216 — damage caused to a citizen in an amount two thousand times exceeding the monthly calculation index, or damage caused to an organization or the state in an amount exceeding twenty thousand monthly calculation indices; 217— income, the amount of which exceeds one thousand monthly calculation indices; 218— money and (or) other property obtained by criminal means in an amount exceeding twenty thousand monthly calculation indices; 218-1 — money, property rights and (or) other property in an amount exceeding ten thousand monthly calculation indices; 222, 223, 224, 225, 226, 227 and 228 — damage caused to a citizen in an amount two hundred times exceeding the monthly calculation index, or damage caused to an organization or the state in an amount exceeding the monthly calculation index by two thousand times; 220, 229, 230– damage in the amount ten thousand times exceeding the monthly calculation index; 221– income, the amount of which exceeds twenty thousand monthly calculation indices; 231– the value of banknotes, coins, securities, foreign currency that have been forged, exceeding the monthly calculation index by five hundred times; 234— the value of moved goods exceeding twenty thousand monthly calculation indices; 235-1 — the amount of illegally exported, forwarded or transferred currency assets exceeding forty-five thousand monthly calculation indices; 236— the value of unpaid customs duties, customs levies, taxes, special, anti-dumping and countervailing duties exceeding ten thousand monthly calculation indices; 238 (part two) — damage caused to a medium-sized business entity in the amount exceeding the monthly calculation index by twenty thousand times, or to a large business entity in the amount exceeding the monthly calculation index by forty thousand times; 244— the amount of unpaid payments to the budget exceeding twenty thousand monthly calculation indices; 245- the amount of unpaid payments to the budget exceeding fifty thousand monthly calculation indices over the audited period, provided that the amount of taxes and other mandatory payments to the budget, calculated on the results of a tax audit for one calendar year from the audited period, exceeds ten percent of the amount of all taxes and other mandatory payments to the budget, calculated by the taxpayer for that calendar year; 247 - the amount received by a person or the cost of services rendered to him/her, exceeding three hundred monthly calculation indices; 253- the amount of money, the value of securities, other property or property benefits, exceeding five hundred monthly calculation indices; 258 - the amount of money, the value of property, property benefits, services rendered, exceeding one thousand monthly calculation indices; 274- damage caused to a citizen in an amount two thousand times exceeding the monthly calculation index, or damage caused to an organization or the state in an amount ten thousand times exceeding the monthly calculation index; 292 - damage caused to an individual in an amount one thousand times exceeding the monthly calculation index, or damage caused to an organization or the state in an amount two thousand times exceeding the monthly calculation index; 307 - income, the amount of which exceeds one thousand monthly calculation indices; 323– the cost of medicines and medical devices that have been counterfeited, exceeding one thousand monthly calculation indices; 324, 325, 326, 328, 329, 330, 332, 333, 334, 335, 337, 338, 339, 341, 342 and 343 –the value of costs necessary to eliminate environmental damage or restore the consumer properties of natural resources in an amount exceeding one thousand monthly calculation indices; 340 - the value of costs necessary to eliminate environmental damage or restore the consumer properties of natural resources in an amount exceeding five hundred monthly calculation indices; 344- the amount of damage exceeding two thousand monthly calculation indices; 350, 354, 355 and 356 - damage caused to a citizen in the amount two hundred times exceeding the monthly calculation index, or damage caused to an organization or the state in the amount one thousand times exceeding the monthly calculation index; 365- damage caused to a citizen in the amount two hundred times exceeding the monthly calculation index, or damage caused to an organization or the state in the amount two thousand times exceeding the monthly calculation indices; 366 and 367- the amount of money, the value of securities, other property or property benefits exceeding three thousand and up to ten thousand monthly calculation indices; 399- the value of special technical means exceeding five thousand monthly calculation indices; in other articles - the amount of damage in the amount of one thousand times 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) an electronic medium – a tangible medium intended for storing information in an electronic form, as well as for recording or its reproduction by technical means;
42) crimes against sexual inviolability of minors – acts provided for in articles 120 (rape), 121 (sexual violence), 122 (sexual intercourse or other acts of a sexual nature with a person under 16 years of age), 123 (coercion to sexual intercourse, sodomy, lesbianism or other acts of a sexual nature), 124 (corruption of persons under sixteen years of age) , 134 (involvement of a minor in prostitution), 144 (involvement of minors in the production of erotic products), parts two and three of article 312 (production and trafficking in materials or objects containing pornographic images of minors or their involvement in entertainment activities of a pornographic nature) of this Code committed against minors and juveniles.
Footnote. Article 3 as amended by the Laws of the Republic of Kazakhstan dated 07.11.2014 № 248-V (shall be enforced from 01.01.2015); dated 24.11.2015 № 419-V (shall be enforced from 01.01.2016); dated 24.11.2015 № 422-V (shall be enforced from 01.01.2016); dated 08.04.2016 № 489-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 09.04.2016 № 501-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 26.07.2016 № 12-VI (shall be enforced upon expiry of two months after its first official publication); dated 03.07.2017 № 84-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 11.07.2017 № 91-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 26.12.2017 № 124-VI (shall be enforced from 01.01.2018); dated 10.01.2018 № 132-VI (shall be enforced from 01.07.2018); dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 28.12.2018 № 211-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 21.01.2019 № 217-VI (shall be enforced upon expiry of ten calendar days after its first official publication); № 249-VI as of 19.04.2019 (shall be enforced from 01.08.2019); № 262-VI as of 03.07.2019 (shall be enforced from 01.01.2020); № 268-VI as of 28.10.2019 (shall be enforced ten calendar days after its first official publication); № 290-VІ as of 27.12.2019 (shall be enforced ten calendar days after its first official publication); № 292-VІ as of December 27, 2019 (the enforcement procedure is in Art.2); dated 07.07.2020 № 361-VI (shall be enforced upon the expiration of ten calendar days after the day of its first official publication); dated 06.10.2020 № 365-VI (shall be enforced upon expiry of ten calendar days after the day of its first official publication); dated 30.12.2020 № 393-VI (shall be enforced upon expiry of ten calendar days after the day of its first official publication); dated 02.01.2021 № 401-VI (shall be enforced from 01.07.2021); dated 02.07.2021 № 62-VII (shall be enforced upon expiry of sixty calendar days after the day of its first official publication); dated 12.07.2022 № 139-VII (shall be enforced sixty calendar days after the date of its first official publication); dated 05.11.2022 № 157-VII (enforcement procedure, see art 3); dated 03.01.2023 № 186-VII (shall be enforced sixty calendar days after the date of its first official publication); dated 03.01.2023 № 188-VII (shall be enforced sixty calendar days after the date of its first official publication); dated 14.03.2023 № 206-VII (shall be enforced ten calendar days after the date of its first official publication); dated 12.07.2023 № 23-VIII (effective sixty calendar days after the date of its first official publication); dated 15.04.2024 № 72-VIII (shall be enforced upon expiry of sixty calendar days after its first official publication); dated 19.04.2024 № 74-VIII (shall be enforced upon expiry of sixty calendar days after its first official publication); dated 05.07.2024 № 111-VIII (effective sixty calendar days after the date of its first official publication); dated 05.07.2024 № 113-VIII (effective sixty calendar days after the date of its first official publication); dated 15.04.2024 № 72-VIII (shall be enforced upon expiry of sixty calendar days after its first official publication); dated 19.04.2024 № 74-VIII (shall be enforced upon expiry of sixty calendar days after its first official publication).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.
The provisions of this Code shall be applied regardless of the place of commission of the crime in respect of citizens of the Republic of Kazakhstan, stateless persons, permanently residing on the territory of the Republic of Kazakhstan, in cases of commission of a terroristic or extremist crime or crimes against the peace and security of mankind or for causing other grave harm to the vital interests of the Republic of Kazakhstan, unless otherwise established by an 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 who do not permanently reside in the territory of the Republic of Kazakhstan, who have committed a crime outside the Republic of Kazakhstan, are subject to criminal liability under this Code in cases where this act is directed against the interests of the Republic of Kazakhstan, the commission of a corruption crime or a crime in the field of economic activity and in cases provided for by an international treaty of the Republic of Kazakhstan, if they have not been convicted in another state and are being prosecuted in the territory of the Republic of Kazakhstan.
Footnote. Article 8 as amended by the Law of the Republic of Kazakhstan dated 11.07.2017 № 91-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 12.07.2023 № 23-VIII (effective sixty calendar days after the date of its first official publication).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 culpably committed socially dangerous act (action or omission to act), prohibited by this Code under threat of punishment in the form of a fine, correctional labor, community service, restriction of liberty or imprisonment, shall be recognized as a crime.
3. An act (action or inaction), committed with guilt, not presenting a great social danger, caused insignificant damage or created a threat of harm to a person, organization, society or the state, for commission of which a penalty is provided in the form of a fine, corrective labors, community services, arrest, expulsion from the Republic of Kazakhstan of a foreigner or a stateless person, shall be recognized as a criminal offence.
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.
Footnote. Article 10 as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 21.01.2019 № 217-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 29.12.2021 № 89-VII (effective ten calendar days after the date of its first official publication).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. Intentional acts, for the commission of which this Code provides for punishment in the form of imprisonment for a term of more than twelve years or life imprisonment, shall be recognized as especially grave crimes.
Footnote. Article 11 as amended by the Law of the Republic of Kazakhstan dated 29.12.2021 № 89-VII (effective ten calendar days after the date of its first official publication).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 who have reached the age of fourteen at the time of committing the crime shall be subject to criminal liability for murder (Article 99), intentional infliction of grievous bodily harm (Article 106), intentional infliction of moderate bodily harm under aggravating circumstances (part two of Article 107), rape (Article 120), violent acts of a sexual nature (Article 121), kidnapping (Article 125), assault on internationally protected persons or organizations (Article 173), inciting social, national, tribal, racial, class or religious discord (Article 174), attempt on the life of the First President of the Republic of Kazakhstan - Elbasy (Article 177), attempt on the life of the President of the Republic of Kazakhstan (Article 178), sabotage (Article 184), theft (parts two, three and four of Article 188), cattle theft (parts two, three and four of Article 188-1), robbery (parts two, three and four of Article 191), armed robbery (Article 192), extortion (parts two, three and four of Article 194), unlawful seizure of a car or other vehicles without the intent to steal under aggravating circumstances (parts two, three and four of Article 200), intentional destruction of or damage to another's property under aggravating circumstances (parts two and three of Article 202), intentional destruction, exportation or damage to objects of special value under aggravating circumstances (parts two and three of Article 203) an act of terrorism (Article 255), propaganda of terrorism or public calls to commit an act of terrorism (Article 256), creation, leadership of a terrorist group and participation in its activities (parts one and two of Article 257), financing terrorist or extremist activities and other assistance to terrorism or extremism (Article 258), hostage taking (Article 261), assault on buildings, structures, communication means and communication facilities or their seizure (Article 269), knowingly false report of an act of terrorism (Article 273), theft or extortion of weapons, ammunition, explosives and explosive devices (Article 291), hooliganism under aggravating circumstances (parts two and three of Article 293), theft or extortion of narcotic drugs, psychotropic substances, their analogues (Article 298), desecration of the bodies of the deceased and their burial places under aggravating circumstances (part two of Article 314) and intentional damage to transport vehicles or communication routes (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.
Footnote. Article 15 as amended by the Law of the Republic of Kazakhstan dated 11.07.2017 № 91-VI (shall be enforced upon expiry of ten calendar days after its first official publication); № 292-VІ as of 27.12.2019 (the enforcement procedure is in Art.2); dated 26.06.2020 № 349-VI (shall be enforced upon expiry of ten calendar days after the day of its first official publication); dated 05.07.2024 № 111-VIII (effective sixty calendar days after the date of its first official publication).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. An instigator is a person who persuaded another person to commit a criminal offense by persuasion, bribery, threat or other means.
5. An accomplice is a person who assisted in the commission of a criminal offense by advice, instructions, providing information, tools or means of committing this act or removing obstacles to its commission, as well as a person who promised in advance to hide the perpetrator, tools or other means of committing a criminal offense, traces of this act or objects obtained illegally, as well as a person, promised in advance to purchase 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.
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 a person who encroaches on a person’s life, or when repelling another encroachment associated with an armed assault or violence dangerous to the life of the defending or other persons, or with a direct threat of such violence, or with a forcible entry into a dwelling, premises or with arson of a dwelling, premises, and also if the defending person, due to the suddenness of the encroachment, could not objectively assess the degree and nature of the danger of the assault, shall not be deemed as exceeding the limits of necessary defense.
Footnote. Article 32 as amended by the Law of the Republic of Kazakhstan dated 11.07.2022 № 136-VII (shall be enforced sixty calendar days after the date of its first official publication).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.
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 operational-investigative, counterintelligence measures, or secret investigative actions
1. An action, caused harm to the interests, protected by this Code, committed upon execution of operational-investigative, counterintelligence measures or secret investigative actions in accordance with the Law of the Republic of Kazakhstan, by an employee of the authorized state body or on behalf of such a body by another person cooperating with this body, if this act is committed to prevent, detect, disclose or investigate criminal infractions, committed by a group of persons, a group of persons by previous concert, criminal group, prevention, disclosure and suppression of intelligence and (or) subversive actions, as well as if the harm caused to law enforcement interests is less significant than the harm caused by these criminal infractions and if their prevention, disclosure or investigation, as well as the exposure of perpetrators in commission of criminal infractions could not be carried out in another way, shall not be a criminal infraction.
2. The provisions of part one of this Article shall not be applied to the persons, committed actions, linked with a threat to human life or health, environmental disaster, public disaster or other grave consequences.
Footnote. Article 35 is in the wording of the Law of the Republic of Kazakhstan dated 28.12.2016 № 36-VI (shall be enforced upon expiry of two months after its first official publication).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;
5) deportation from the Republic of Kazakhstan of a foreigner or a stateless person.
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;
2-1) community services;
3) restriction of liberty;
4) imprisonment;
5) Excluded by the Law of the Republic of Kazakhstan dated 29.12.2021 № 89-VII (effective ten calendar days after the date of its first official publication).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;
3-1) deprivation of citizenship of the Republic of Kazakhstan;
4) deportation a foreigner or stateless person from the Republic of Kazakhstan.
Footnote. Article 40 as amended by the Laws of the Republic of Kazakhstan dated 11.07.2017 № 91-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 21.01.2019 № 217-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 29.12.2021 № 89-VII (effective ten calendar days after the date of its first official publication).1. Fine is a monetary penalty imposed within the limits provided for by this Code, in the amount relevant to a certain quantity of monthly calculation indices established by the legislation of the Republic of Kazakhstan and acted at the moment of commission of a criminal infraction, or in the amount, multiple the sum or cost of a bribe, the sum of money transferred or cost of the transferred property, the cost of stolen property, the sum of income received or the sum of payments not received to the budget.
2. A fine shall be established for criminal offenses, in the range from twenty to two hundred monthly calculation indices, for crimes – in the range from two hundred to ten thousand monthly calculation indices or in a multiple amount.
3. When imposing a fine, the court shall determine its amount and term of payment, taking into account the gravity of the criminal infraction, the property and family status of the convicted person, the possibility of receiving a salary or other income.
4. The term of payment of the fine shall be calculated from the date of entry into force of the court sentence and may not exceed three years.
5. In case of temporary deterioration of the property status of the convicted person due to delay or non-payment of wages, temporary disability, loss of work or income, the court may grant a delay for a term of one month to one year. The delay time is not included in the calculation of the term of payment of the fine established by the court sentence.
6. In case of non-payment of the fine within the established terms, the sentence (decision) of the court, shall be subject to compulsory execution. The unpaid part of the fine shall be replaced:
1) to the convicted for a criminal offence – by community services at the rate of one hour of social works for one unpaid monthly calculation index or arrest at the rate of one day of arrest for four unpaid monthly calculation indices;
2) to the convicted for a crime of little or average gravity – by restriction of liberty or deprivation of liberty at the rate of one day of restriction of liberty or deprivation of liberty for four unpaid monthly calculation indices;
3) to the convicted for a grave crime – deprivation of liberty at the rate of one day of deprivation of liberty for four unpaid monthly calculation indices;
4) to the convicted to a multiple fine – by deprivation of liberty within the limits of the sanction of relevant Article of the Special part of this Code, taking into account the paid and surcharged part of the fine.
7. In imposing a more lenient punishment than that provided for this criminal offence, in imposing punishment for an uncompleted crime, as well as in replacing the punishment, the amount of the fine may be below the lower limit established by this Article.
Footnote. Article 41 is in the wording of the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication).1. Corrective labors are monetary penalty imposed within the limits provided for by this Code, in the amount relevant to a certain quantity of monthly calculation indices established by the legislation of the Republic of Kazakhstan and acted at the moment of commission of a criminal offense.
2. Corrective labors shall be executed by monthly deduction and transfer to the victims compensation Fund to from ten to fifty percent of the salary (the monetary maintenance) of the convicted minus funds which are subject to periodic payment (collecting) on account of the alimony, compensation of the harm caused by the injury or other damage to health, and as well as the death of the breadwinner.
3. For criminal offenses corrective labors shall be established within the limits from twenty to two hundred monthly calculation indices, for crimes – within the limits from two hundred to ten thousand monthly calculation indices.
4. In imposing corrective labors, the court shall determine their amount, taking into account the gravity of the criminal offense, property and marital status of the convicted.
5. In case of loss of working capacity, the convicted person may be released from execution of the remaining part of the punishment or the unexecuted part shall be replaced by a fine. In case of occurrence of other circumstances interfering execution of corrective labors, they are replaced:
1) to the convicted for a criminal offence – by community services or arrest at the rate of one hour of social works for one uncollected monthly calculation index, one day of arrest for four uncollected monthly calculation indices;
2) to the convicted for a crime of little or average gravity – by restriction of liberty or deprivation of liberty at the rate of one day of restriction of liberty or deprivation of liberty for four uncollected monthly calculation indices;
3) to the convicted for a grave crime – by deprivation of liberty at the rate of one day of deprivation of liberty for four uncollected monthly calculation indices.
6. In imposing a more lenient punishment, than that, provided for this criminal offense, in imposing punishment for an uncompleted crime, as well as in replacing the punishment, the amount of corrective labors may be below the lower limit established by this Article.
7. Corrective labors shall not be imposed to the persons who are recognized as disabled or do not have a permanent job or studying at educational institutions with a break from production.
Footnote. Article 42 is in the wording of the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication).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. Social works shall be established for criminal offenses for a term of twenty to two hundred hours, for the crimes of little and average gravity – for a term of two hundred to one thousand two hundred hours. Social works shall be served not more than four hours a day with the release of the convicted person for the time of their serving from performance of labor duties at the place of basic work or in their free time.
2-1. In case of evasion from social works they are replaced:
1) to the convicted for a criminal offence – by the arrest at the rate of one day of arrest for four hours of social works;
2) to the convicted for a crime – by restriction of liberty or deprivation of liberty at the rate of one day of restriction of liberty or deprivation of liberty for four hours of social works.
2-2. In imposing a more lenient sentence than that provided for this criminal offence, in imposing punishment for an uncompleted crime, as well as in replacing the punishment, the term of social works may be below the lower limit, established by this Article.
3. Community service shall not be assigned to pregnant women, women with minor children under the age of three, men raising young children under the age of three alone, women aged fifty-eight and over, men aged sixty-three and over, persons with first or second disability groups, military servants.
Footnote. Article 43 as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 27.06.2022 № 129-VII (shall be enforced ten calendar days after the date of its first official publication).Article 44. Restriction of liberty
1. Restraint of liberty consists in establishing probationary control over the convicted person for a period of six months to seven years and engaging him in compulsory work for one hundred hours annually during the entire term of serving the sentence. Restraint of liberty is served at the convicted person’s place of residence without isolation from society. Compulsory work shall be organized by local executive bodies in public places and shall be served no more than four hours a day. Convicted persons who have a permanent job or are students, minors, pregnant women, women with young children under the age of three, men raising young children under the age of three alone, women aged fifty-eight and over, men aged sixty-three and over, persons with the first or second disability groups, as well as convicts whose punishment has been replaced by restraint of freedom for a period of less than six months shall not be involved in compulsory work.
2. Probationary control is carried out by an authorized state body and, by a court decision, includes the execution by the convict of the following duties: do not change the permanent place of residence, work, study without notifying the authorized state body exercising control over the behavior of the convict; do not visit certain places; undergo treatment for mental, behavioral disorders (diseases) associated with the use of psychoactive substances, sexually transmitted diseases; provide financial support to the family; other duties that contribute to the correction of the convict and prevention of the commission of new criminal offenses by him.
3. In case of malicious evasion from serving the restriction of liberty, its unserved term shall be replaced by deprivation of liberty at the rate of one day of deprivation of liberty for one day of restriction of liberty.
4. In imposing a more lenient sentence than that provided for this criminal infraction, in imposing punishment for an uncompleted crime, as well as in replacing the punishment, the term of restriction of liberty may be below the lower limit established by this Article.
Footnote. Article 44 as amended by the Laws of the Republic of Kazakhstan dated 03.07.2017 № 84-VI (shall be enforced upon expiry of ten calendar days after its first official publication); 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 07.07.2020 № 361-VI (shall be enforced upon expiry of ten calendar days after the day of its first official publication); dated 27.06.2022 № 129-VII (shall be enforced ten calendar days after the date of its first official publication).Article 45 is suspended until 01.01.2022, having established that its provisions shall be applied in respect of military personnel and in the cases provided for by part three of Article 41, part three of Article 42 and part two of Article 43 of this Code, from 1 January 2017.
1. Arrest implies isolation of the convicted person from the society for the whole term of the imposed or replaced punishment.
2. Arrest shall be established for a term of ten to fifty days. The term of detention shall be included in the term of arrest.
3. Arrest shall not be imposed or applied as a substitute for punishment to minors, pregnant women, women having or bringing up a minor child, men bringing up a minor child alone, women aged fifty-eight and over, men aged sixty-three and over, persons with disabilities of the first or second group.
4. Arrest shall be served by military servants in the detention room.
5. When replacing the punishment, the term of arrest may be below the lower limit established by this Article.
Footnote. Article 45 as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 27.06.2022 № 129-VII (shall be enforced ten calendar days after the date of its first official publication); dated 15.04.2024 № 72-VIII (shall be enforced upon expiry of sixty calendar days after its first official publication); dated 15.04.2024 № 72-VIII (shall be enforced upon expiry of sixty calendar days after its first official publication).Article 46. Deprivation of liberty
1. Deprivation of liberty shall be in isolation of the convicted person from the society by sending him (her) to the institution of the penal system.
2. Persons, convicted to deprivation of liberty, who were under eighteen at the moment of sentencing, shall be placed in institutions of the penal system of medium security for the maintenance of minors.
3. Deprivation of liberty for commission of crimes provided for by this Code shall be established for a term of six months to fifteen years, and for especially grave crimes - up to twenty years or for life. For crimes by negligence, the term of deprivation of liberty may not exceed ten years. In case of replacement of the fine, corrective labors, community services or restriction of liberty by deprivation of liberty it may be imposed for the term of less than six months. In the event of partial or complete cumulation of liberty deprivation terms on sentencing for cumulative crimes and in cases provided for by part five of Article 71 and part five of Article 77 of this Code, the maximum liberty deprivation term cannot be more than twenty-five years, and on cumulative sentences - more than thirty years.
4. Life imprisonment may be established for the commission of especially grave crimes. Life deprivation of liberty shall not be imposed on the persons who have committed a crime under the age of eighteen, women, men at the age of sixty-three years old and over. Life deprivation of liberty in the manner of pardon may be commuted by deprivation of liberty for a certain term.
5. Serving of prison sentence is appointed:
1) in institutions of the minimum security penitentiary system to:
persons convicted of crimes committed through negligence;
persons convicted of crimes unrelated to the use of violence, provided for in Chapters 7, 8, 9, 12 and 13 of this Code;
persons convicted of crimes provided for in Chapter 15 of this Code, in the event that they fully compensate for the damage caused by the crime;
persons convicted for the first time of committing an intentional crime, for which a prison sentence up to two years was imposed.
The provisions of this paragraph shall not apply to persons sentenced to deprivation of liberty for committing crimes provided for in parts 1-1, two, three and four of Article 366, parts two, three and four of Article 367, and part two of Article 368 of this Code;
2) in medium security penitentiary institutions:
persons sentenced to deprivation of liberty for a term of more than two years for committing intentional crimes, who have not previously served deprivation of liberty;
persons sentenced to deprivation of liberty for committing the crimes provided for in parts 1-1, the second and third parts of Article 366, parts two and three of Article 367, part two of Article 368 of this Code, who have not previously served deprivation of liberty;
persons who have not previously served imprisonment, for whom a fine, correctional labor, community service, restriction of freedom have been replaced by imprisonment;
3) in maximum security penitentiary institutions:
persons sentenced to deprivation of liberty who have previously served a prison sentence for committing an intentional crime;
persons sentenced to deprivation of liberty for committing the crimes provided for by parts 1-1, the second and third parts of Article 366, parts two and three of Article 367, part two of Article 368 of this Code, who have previously served a liberty deprivation sentence;
persons who have previously served deprivation of liberty, for whom a fine, correctional labor, community service, restriction of freedom have been replaced by deprivation of liberty;
4) in high security penitentiary institutions to persons sentenced to life imprisonment.
In the case of a cumulative sentence for serving deprivation of liberty, a stricter type of institution is determined, established by one of the verdicts included in the aggregation, given the specifics of this part.
6. Persons sentenced to deprivation of liberty for a term of more than five years for committing especially grave crimes, in case of a dangerous recidivism of crimes, who have previously served deprivation of liberty, except for persons sentenced to life imprisonment, may be assigned to serve part of the punishment term, but not more than five years in penitentiary institutions of full security.
7. A change in the type of institution imposed by the verdict shall be made by the court in accordance with Article 96 of the Penal code of the Republic of Kazakhstan.
Footnote. Article 46 is in the wording of the Law of the Republic of Kazakhstan dated 18.04.2017 № 58-VI (shall be enforced upon expiry of ten calendar days after its first official publication); as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 19.12.2020 № 384-VI (shall be enforced upon expiry of ten calendar days after the day of its first official publication); dated 30.12.2020 № 393-VI (shall be enforced upon expiry of ten calendar days after the day of its first official publication); dated 29.12.2021 № 89-VII (effective ten calendar days after the date of its first official publication); dated 17.03.2023 № 212-VII (shall be enforced sixty calendar days after the date of its first official publication).Article 47. Death penalty
Footnote. Article 47 excluded by the Law of the Republic of Kazakhstan dated 29.12.2021 № 89-VII (effective ten calendar days after the date of its first official publication).
Article 48. Confiscation of property
1. Confiscation of property is a forced and gratuitous seizure and conversion of property owned by a convicted person, obtained by criminal means or purchased with funds obtained by criminal means, as well as property being a tool or means of committing a criminal infraction into the property 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;
5) referred to in paragraphs 1), 2), 3) and 4) of this part, transferred to the convicted in the ownership of other persons.
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.
5. Not subject to confiscation:
1) the property necessary for the convicted person or persons who are dependent on him/her, according to the list provided by criminal-executive legislation;
2) money and other property legalized in accordance with the Law of the Republic of Kazakhstan "On Amnesty of Citizens of the Republic of Kazakhstan, repatriates and persons having a residence permit in the Republic of Kazakhstan in connection with property legalization by them", in case, they are obtained as a result of a criminal infraction under which, the same Law provides for exemption from criminal liability.
Provisions of paragraph two of part five of this Article shall not be applied to the judicial acts which entered into force as of September 1, 2014, and also shall not be applied to the legalized property and money which were not subject to legalization.
Footnote. Article 48 as amended by the Law of the Republic of Kazakhstan dated 13.11.2015 № 400-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 21.01.2019 № 217-VI (shall be enforced upon expiry of ten calendar days after its first official publication).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 the right to hold a certain position or engage in a certain activity is in prohibition to hold certain positions on state service, local self-government bodies, financial organizations or engage in certain professional or other activities.
2. The deprivation of the right to hold a certain position or engage in a certain activity shall be established for a term of one to ten years.
For committing economic crimes and crimes against interests of service in financial organizations by an executive employee of a financial organization, a banking and(or) insurance holding company, a major participant (a major shareholder) that is an individual, the head, a member of governing body, the head, a member of executive body, the chief accountant of a major participant (a major shareholder) that is a legal entity of the financial organization, which are provided for by part two of Article 238, part two of Article 239, part two of Article 250 of this Code, including persons that perform functions of governing body or executive body of the financial organization temporarily or under special authority specified in part two of Article 239 of this Code, the deprivation of the right to hold a certain position shall be established for a term of at least five years and up to a lifetime ban to hold the position of an executive employee of a financial organization, a banking and (or) insurance holding company and to be a major participant (major shareholder) of a financial organization.
For commission of crimes against the sexual inviolability of minors, as well as crimes provided for in parts two, three, four and five of Article 132, parts two and three of Article 133 of this Code, deprivation of the right to hold certain positions or engage in certain activities is mandatory and consists in a life ban on holding pedagogical positions and positions related to work with minors.
For committing corruption crimes, it is obligatory to deprive of the right to hold a certain position or engage in a certain activity, which means a lifetime ban to hold civil service positions, to be a judge, to hold positions in local government bodies, the National Bank of the Republic of Kazakhstan and its departments, the authorized body for the regulation, control and supervision of the financial market and financial organizations, government organizations and quasi-public entities.
For committing transport crimes provided for by part four of Article 345-1 and Article 346 of this Code, the deprivation of the right to engage in a certain activity means a lifetime ban on the right to drive a vehicle.
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.
Footnote. Article 50 as amended by the Laws of the Republic of Kazakhstan dated 24.11.2015 № 422-V (shall be enforced from 01.01.2016); dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 01.04.2019 № 240-VI (shall be enforced upon expiry of ten calendar days after its first official publication); № 262-VI as of 03.07.2019 (shall be enforced from 01.01.2020); № 292-VІ as of 27.12.2019 (the enforcement procedure is in Art.2); dated 30.12.2020 № 393-VI (shall be enforced upon expiry of ten calendar days after the day of its first official publication).Article 50-1. Deprivation of citizenship of the Republic of Kazakhstan
1. Deprivation of citizenship of the Republic of Kazakhstan consists in forced termination by the state of a stable political and legal relationship with the convicted person, expressing the totality of their mutual rights and obligations.
2. Deprivation of citizenship of the Republic of Kazakhstan shall not be imposed on the persons who have committed a crime before the age of eighteen.
Footnote. Section 3 is supplemented by Article 50-1 in accordance with the Law of the Republic of Kazakhstan dated 11.07.2017 № 91-VI (shall be enforced upon expiry of ten calendar days after its first official publication).Article 51. Deportation outside of the Republic of Kazakhstan of the foreigner or stateless person
1. Deportation outside the Republic of Kazakhstan of a foreigner or a stateless person shall be executed forcibly with establishment of a ban on entry of this person into the territory of the Republic of Kazakhstan for a term of five years.
2. The expulsion of a foreigner or a stateless person from the Republic of Kazakhstan for the commission of a crime may be imposed as an additional type of punishment, and for the commission of a criminal offence – both as main and additional types of punishment.
If this type of punishment is imposed as an additional one by court, it shall be executed after serving the main type of punishment or release from further serving on the grounds provided for by subparagraphs 3), 5), 6) and 7) of part one of Article 161 of the Penal Execution Code of the Republic of Kazakhstan, and in cases of probation – from the moment a judgment becomes final and binding.
Footnote. Article 51 as amended by the Laws of the Republic of Kazakhstan dated 09.04.2016 № 501-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 22.12.2016 № 28-VI (shall be enforced upon expiry of ten calendar days after its first official publication); № 217-VI as of 21.01.2019 (shall be enforced ten calendar days after its first official publication).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 a criminal infraction upon violation of conditions of legality of necessary defense, extreme necessity, detention of the person, who committed the infraction, reasonable risk, execution of the order or instruction, in implementation of operational investigative, counterintelligence measures or secret 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.
Footnote. Article 53 as amended by the Law of the Republic of Kazakhstan dated 28.12.2016 № 36-VI (shall be enforced upon expiry of two months after its first official publication).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) involvement in the commission of a criminal offense of persons who, knowingly for the perpetrator, suffer from a severe mental, behavioral disorder (disease), or persons who have not reached the age from which criminal liability arises;
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.
2. 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.
Footnote. Article 54 as amended by the Laws of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (effective after ten calendar days after the date of its first official publication); dated 07.07.2020 № 361-VI (shall be enforced upon expiry of ten calendar days after the day of its first official publication).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, 218-1, 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 a mitigating circumstance, not provided as a sign of the committed crime and absence of aggravating circumstances, the term or extent of the main type of punishment may not exceed when committing of:
1) a criminal offence, minor or medium-gravity crimes - half;
2) grievous crime - two-thirds;
3) an especially grave crime – three-quarters of the maximum term or extent, provided by the relevant Article of the Special part of this Code.
3. In the cases of accelerated pre-trial investigation, as well as cases in which all conditions of the procedural agreement are fulfilled, the term or extent of the main type of punishment for the committed criminal infraction may not exceed half of the maximum term or extent provided by the relevant Article of the Special part of this Code. In cases, on which the verdict of guilty in the order of writ proceedings was made, a fine shall be imposed in the amount of ten to twenty monthly calculation indices in commission of a criminal offense, from fifty to two hundred monthly calculation indices – in commission of a crime of little gravity.
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.
7. In cases of imposition of punishment for preparation or attempted crime, the limits specified in parts two and three of this Article shall be determined, taking into account the provisions of Article 56 of this Code.
8. Provisions of this article shall not apply to persons who have committed a crime against the sexual inviolability of minors, except in the case of the commission of such a crime by a minor against a minor between fourteen and eighteen years of age.
Provisions of parts two and three of this article shall not apply to persons, who committed crimes involving violence against minors except for a case of committing such a crime by a person under the age of majority.
Footnote. Article 55 as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication); № 292-VІ as of 27.12.2019 (the enforcement procedure is in Art.2); dated 30.12.2020 № 393-VI (shall be enforced upon expiry of ten calendar days after the day of its first official publication); от 12.07.2023 № 23-VIII (вводится в действие по истечении шестидесяти календарных дней после дня его первого официального опубликования); dated 15.04.2024 № 72-VIII (shall be enforced upon expiry of sixty calendar days after its first official publication).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 to a crime may not exceed half of the maximum term or extent of the main type of punishment provided by the relevant Article of the Special part of this Code for the completed crime.
3. The term or extent of punishment for attempted crime may not exceed three quarters of the maximum term or extent of the main type of punishment provided by the relevant Article of the Special part of this Code for the completed crime.
4. Life imprisonment for preparation for a crime and attempted crime shall not be imposed.
Footnote. Article 56 as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 29.12.2021 № 89-VII (effective ten calendar days after the date of its first official publication).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 includes only criminal offences, then the final punishment shall be imposed by absorbing a less severe punishment with a more severe one or by partial or full adding up of the punishment. In this case, the final extent of punishment in the form of a fine may not exceed four hundred monthly calculation indices, and the final term of punishment in the form of community service or arrest – four hundred hours or fifty days, respectively.
If a set of criminal infractions includes only criminal offences, crimes of little and average gravity, then the final punishment shall be imposed by absorbing a less severe punishment with a more severe one.
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 life imprisonment is imposed for a crime included in the aggregate, then life imprisonment shall be the final penalty imposed.
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.
Footnote. Article 58 as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 29.12.2021 № 89-VII (effective ten calendar days after the date of its first official publication).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 life imprisonment is imposed for a crime included in the aggregate, then the final punishment shall be imposed in the form of life imprisonment.
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.
Footnote. Article 60 as amended by the Law of the Republic of Kazakhstan dated 29.12.2021 № 89-VII (effective ten calendar days after the date of its first official publication).Article 61. Procedure of determination of terms of punishment upon their addition
1. At partial or full adding up of punishments on a set of criminal infractions and a set of verdicts:
1) one day of deprivation of liberty corresponds to four monthly calculation indices of fine or corrective labors, four hours of social works, one day of arrest, one day of restriction of liberty;
2) one day of restriction of liberty corresponds to four monthly calculation indices of fine or corrective labors, four hours of social works, one day of arrest;
3) one day of arrest corresponds to four monthly calculation indices of a fine or corrective labors, four hours of social works;
4) one hour of social works corresponds to one monthly calculation index of fine or corrective labors;
5) one monthly calculation index of corrective labors corresponds to one monthly calculation index of fine.
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.
Footnote. Article 61 as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication).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 until a judgment becomes final and binding shall be counted towards the sentence, counting one day as:
1) one day of serving a sentence of imprisonment in a facility of maximum, supermax and complete security;
2) one and a half days of serving a sentence of imprisonment in a medium security facility, and also a medium security facility for juveniles;
3) two days of serving a sentence in a minimum security facility.
3-1. The time of detention in custody until a judgment becomes final and binding shall be counted towards the sentence, counting one day as:
1) one day of serving a sentence in the form of arrest;
2) two days of serving a sentence in the form of restriction of liberty;
3) four hours of serving a sentence in the form of community service;
4) four monthly calculation indices of serving a sentence in the form corrective labor, a fine, respectively.
4. The time of detention under house arrest before the entry of the sentence into legal force shall be included in the term of punishment in the form of deprivation of liberty, restriction of liberty, arrest at the rate of two days for one day, in the form of social works, corrective labors, a fine – at the rate of one day of detention under house arrest for two hours of social works or two monthly calculation indices, respectively.
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 revision of the verdict with imposing to the person of other form of punishment, the served term or executed extent of punishment before the revision of the verdict shall be included in the term or extent of a new punishment. When offsetting the served term or executed extent of punishment:
1) one day of deprivation of liberty corresponds to four monthly calculation indices of fine or corrective labors, four hours of social works, one day of arrest, one day of restriction of liberty;
2) one day of restriction of liberty corresponds to four monthly calculation indices of fine or corrective labors, four hours of social works, one day of arrest;
3) one day of arrest corresponds to four monthly calculation indices of fine or corrective labors, four hours of social works;
4) one hour of social works corresponds to one monthly calculation index of fine or corrective labors;
5) one monthly calculation index of corrective labors corresponds to one monthly calculation index of fine.
7. The time during which compulsory measures of a medical nature were applied to a person who fell ill with a mental, behavioral disorder (disease) after the commission of a crime shall be included in the term or size of the punishment.Footnote. Article 62 as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication); № 292-VІ as of 27.12.2019 (the enforcement procedure is in Art.2); dated 07.07.2020 № 361-VI (shall be enforced upon expiry of ten calendar days after the day of its first official publication).
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.
Probation control shall not be established in case of conditional conviction of a foreigner or a stateless person to whom the court has imposed expulsion outside the Republic of Kazakhstan as an additional form of punishment.
4. Additional types of restrictions and punishments may be imposed in case of probation.
5. Enforcement measures of educational impact may be imposed to the minors upon conditional sentence.
6. Conditional sentence shall not be applied to persons in case of recidivism of crimes, dangerous recidivism of crimes, in case of conviction of a person for a particularly grave crime, a corruption crime, a terrorist crime, an extremist crime, torture, a crime committed as part of a criminal group, sexual crime against minors. This restriction shall not apply to minors who have committed a crime against the sexual inviolability of a minor between the ages of fourteen and eighteen.
Footnote. Article 63 as amended by the Laws of the Republic of Kazakhstan dated 09.04.2016 № 501-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 21.01.2019 № 217-VI (shall be enforced upon expiry of ten calendar days after its first official publication); № 292-VІ as of 27.12.2019 (the enforcement procedure is in Art.2); dated 17.03.2023 № 212-VII (shall be enforced sixty calendar days after the date of its first official publication).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, who committed a criminal offence or committed a crime for the first time, may be released from criminal liability taking into account the identity of a guilty person, his/her acknowledgement of guilt, his/her assistance in solving, investigating the criminal offence, his/her expiation for the harm caused by the criminal offence.
A person, who committed a corruption crime for the first time, may be released from criminal liability in connection with his/her active repentance only by court.
2. The provisions of part one of this Article shall not be applied to the persons, who have committed a terroristic crime, an extremist crime, a crime committed as part of a criminal group, a crime against sexual immunity of minors, torture, a grave or especially grave crime against a person, except in cases specially provided by the relevant Articles of the Special part of this Code. This restriction shall not be applied to the minors, who have committed a crime against the sexual immunity of a minor aged between fourteen and eighteen years.
Footnote. Article 65 as amended by the Laws of the Republic of Kazakhstan dated 09.04.2016 № 501-V (shall be enforced upon expiry of ten calendar days after its first official publication); 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication); № 292-VІ as of 27.12.2019 (the enforcement procedure is in Art.2).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
1. A person, who has fulfilled all conditions of the procedural agreement may be released from criminal responsibility.
2. The provision of part one of this Article shall not be applied to the persons, who have committed crimes against sexual immunity of minors, except in cases of commission of such a crime by a minor in respect of a minor aged between fourteen and eighteen years.
Footnote. Article 67 as amended by the Laws of the Republic of Kazakhstan dated 09.04.2016 № 501-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication).Article 67-1. Exemption from criminal liability upon fulfillment of the terms of the procedural agreement on admission of guilt and return of illegally acquired assets
A person who has fulfilled all the conditions of the procedural agreement on admission of guilt and return of illegally acquired assets may be released from criminal liability.
Footnote. Section 5 is supplemented by Article 67-1 in accordance with the Law of the Republic of Kazakhstan dated 12.07.2023 № 23-VIII (effective ten calendar days after the date of its first official publication).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. The provisions of this Article shall not be applied to persons who committed:
1) torture;
2) crimes against sexual inviolability of minors, unless such a crime was committed by a person under the age of majority against a minor aged between fourteen and eighteen years;
2-1) crimes involving violence against minors, except for the case of committing such a crime by a person under the age of majority;
3) crimes through negligence, which caused the death of a person or the death of two or more persons, except for a traffic accident, which, through negligence, resulted in the death of his/her close relatives, spouse;
4) a corruption crime;
5) a crime of terrorism;
6) an extremist crime;
7) a crime as part of a criminal group;
8) within the period of limitations on criminal prosecutions established by part one of Article 71 of this Code, a deliberate crime after being released from criminal liability for a crime committed earlier due to the reconciliation of parties;
9) a criminal infraction provided for in articles 108-1 and 109-1 of this Code, within the period of limitation of bringing to criminal liability established by part one of article 71 of this Code, after release from criminal liability in connection with reconciliation of the parties for a previously committed criminal infraction.
10) crimes related to human trafficking.
Footnote. Article 68 as amended by the Laws of the Republic of Kazakhstan dated 09.04.2016 № 501-V (shall be enforced upon expiry of ten calendar days after its first official publication); 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication); № 292-VІ as of 27.12.2019 (the enforcement procedure is in Art.2); dated 15.04.2024 № 72-VIII (shall be enforced upon expiry of sixty calendar days after its first official publication); dated 05.07.2024 № 111-VIII (effective sixty calendar days after the date of its first official publication).Article 69. Surety-secured release from punishment
Footnote. The heading of Article 69 is as amended by Law № 292-VІ of the Republic of Kazakhstan as of 27.12.2019 (the enforcement procedure is in Art.2).
1. A person, who committed a criminal offence for the first time or a minor or medium-gravity crime without causing death or grievous bodily harm, for the commission of which a relevant article or part of an article of the Special Part of this Code provides for a fine among other types of basic punishments, may be released from punishment by court if secured by the surety.
2. The surety securing means the posting of security equal to the maximum size of a fine prescribed for a criminal offence committed.
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. The security shall be returned to the surety upon the expiration of the security period if the person released from punishment did not commit a new criminal offence during it.
5. If the person commits a new criminal offence during the security period, the court cancels its decision on the exemption from punishment and imposes the punishment on him/her based on the rules for accumulative sentencing. In this case, the security becomes state property.
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.
Footnote. Article 69 is as amended by Law № 292-VІ of the Republic of Kazakhstan as of 27.12.2019 (the enforcement procedure is in Art.2).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) ten years after commission of a grave crime, corruption crime of little or average gravity;
5) fifteen years after commission of an 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) five years after commission of a crime of little gravity;
2) ten years after commission of a crime of average gravity;
3) fifteen years after commission of a grave crime, corruption crime of little or average gravity;
4) twenty years after commission of an especially grave crime.
Limitation period shall be interrupted if, before the expiry of the terms, specified in part one of this Article, a person who has committed a grave or especially grave crime, commits a new grave or especially grave crime. In such cases, calculation of the limitation period begins anew from the date of commission of a new crime. In other cases, if the person commits the crime again before the expiration of the limitation period, the limitation period for each crime expires independently.
4-1. The running of the limitation period is suspended from the moment of receipt by the court or the body of criminal prosecution of a petition for the conclusion of a procedural agreement on the admission of guilt and the return of illegally acquired assets from the suspect, the accused, the defendant or his defender until its full execution.
If one of the parties refuses to conclude a procedural agreement on the admission of guilt and the return of illegally acquired assets, the limitation period is resumed.
5. The issue of applying the statute of limitations to a person who has committed a crime for which life imprisonment may be imposed under this Code shall be resolved by the court. If the court does not find it possible to release a person from criminal liability due to the expiration of the statute of limitations, then life imprisonment shall be replaced by twenty-five years’ imprisonment term.
6. Limitation periods shall not be applied to the persons who committed crimes against the peace and security of mankind, terroristic crimes, extremist crimes, torture, crimes against sexual immunity of minors, as well as especially grave crimes against the person, the foundations of constitutional system and security of the state, against public security and public order.
Footnote. Article 71 as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 29.12.2021 № 89-VII (effective ten calendar days after the date of its first official publication); dated 12.07.2023 № 23-VIII (effective ten calendar days after the date of its first official publication).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.
Pregnant women, women with minor children, men raising minor children, women aged fifty-eight and over, men aged sixty-three and over, persons with the first or second disability groups, person serving imprisonment for grave and especially grave corruption crime, after the actual serving of the terms specified in parts three and five of this article, may be released by the court on parole.
A person serving a prison term for a grave and especially grave corruption crime, who has fulfilled all the conditions of a procedural agreement on cooperation, after the actual serving of the terms specified in parts three and five of this article, may be released by the court on parole.
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.
Probation control shall not be established in case of release on parole of a foreigner or a stateless person, to whom the court imposed the expulsion from the Republic of Kazakhstan as an additional form of punishment.
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) at least two-thirds of the sentence imposed for an especially grave crime;
3-1) at least two-thirds of the remaining unserved term if the earlier release on parole was cancelled on the grounds provided for by paragraphs 1) and 2) of part seven of this article;
4) not less than three-quarters of the term of punishment, if the previously applied conditional early release was canceled on the grounds provided for in paragraph 3) of part seven 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. Early release on parole may be applied to pregnant women, women with minor children, men raising minor children alone, women aged fifty-eight and over, men aged sixty-three and over, persons with the first or second disability groups after they actually served the term in the event of:
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 through negligence, as well as a criminal infraction, an intentional crime of minor gravity by a pregnant woman, a woman with minor children, a man raising young children alone, a woman aged fifty-eight and over, a man aged sixty-three and over the years, by a person with the first or second disability groups, the court shall decide on revoking or upholding parole when sentencing for a new crime. If the court revokes early release on parole, the punishment shall be imposed according to accumulative sentencing rules;
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. Parole does not apply to persons:
1) for whom the death penalty was replaced by liberty deprivation by way of pardon or in connection with the application of the law abolishing the death penalty;
2) convicted of a terrorist or extremist crime that resulted in the death of people or associated with the commission of a particularly serious crime;
3) convicted for a grave and especially grave corruption crime, with the exception of:
cases of committing such crimes by pregnant women, women with minor children, men raising minor children alone, women aged fifty-eight and over, men aged sixty-three and over, persons with disabilities of the first or second group;
convicts who have fulfilled all the conditions of the procedural agreement on cooperation;
4) convicted of a crime against the sexual inviolability of minors, except for the case when such a crime is committed by a person who has not reached the age of majority in relation to a minor aged fourteen to eighteen years of age;
5) convicted of intentionally causing death to a person as part of a criminal group, with the exception of cases of committing such crimes by pregnant women, women with young children, men raising young children alone, women aged fifty-eight and over, men aged sixty-three and over, persons with disabilities of the first or second group.
Footnote. Article 72 as amended by the Law dated 09.04.2016 № 501-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 21.01.2019 № 217-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 01.04.2019 № 240-VI (shall be enforced upon expiry of ten calendar days after its first official publication); № 292-VІ as of 27.12.2019 (the enforcement procedure is in Art.2); dated 19.12.2020 № 384-VI (shall be enforced upon expiry of ten calendar days after the day of its first official publication); dated 29.12.2021 № 89-VII (effective ten calendar days after the date of its first official publication); dated 27.06.2022 № 129-VII (shall be enforced ten calendar days after the date of its first official publication); dated 17.03.2023 № 212-VII (shall be enforced sixty calendar days after the date of its first official publication).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. The unserved part of a sentence may be replaced by a milder type of punishment after the convict’s actual serving of at least one-fourth of a sentence for committing a crime of minor and medium gravity, one-third of a sentence - for grave crimes.
Replacing the unserved part of a sentence with a milder type of punishment does not apply to persons convicted of a crime against sexual inviolability of minors unless such a crime was committed by a minor against a minor aged between fourteen and eighteen years, a terrorist or extremist crime that resulted in human deaths or related with the commission of an especially grave crime, as well as a crime committed as part of a criminal group.
With regard to foreigners and stateless persons, the unserved part of a sentence may be replaced only with a fine, with or without expulsion from the Republic of Kazakhstan.
2-1. In case of cancellation of the release on parole from serving a sentence of imprisonment, the terms specified in part two of this article shall be calculated on the basis of the remaining unserved part of the sentence, and in case of accumulative sentencing – in the manner prescribed by paragraphs 2) and 3) of part seven of Article 72 of this Code, based on the final sentence imposed.
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. Reduction of the unserved part of the sentence shall not be applied to persons convicted of a crime against the sexual inviolability of minors, except in the case of the commission of such a crime by a minor against a minor between fourteen and eighteen years of age.
Footnote. Article 73 as amended by the Law of the Republic of Kazakhstan dated 09.04.2016 № 501-V (shall be enforced upon expiry of ten calendar days after its first official publication); № 292-VІ as of 27.12.2019 (the enforcement procedure is in Art.2); dated 30.12.2020 № 393-VI (shall be enforced upon expiry of ten calendar days after the day of its first official publication).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 from punishment or suspension of punishment due to illness
Footnote. The heading of Article 75 as amended by the Law of the Republic of Kazakhstan dated 17.03.2023 № 212-VII (shall be enforced sixty calendar days after the date of its first official publication).
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 who suffers from another serious illness that prevents the serving of a prison sentence, except for life imprisonment, may be released by a court from serving the sentence, or he or she may be released by the court from serving the sentence, or the punishment may be replaced by a more lenient punishment, given the nature of the disease, the gravity of the criminal offense committed, personality of the convicted person and other circumstances.
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.
4. Postponement of serving a sentence shall not be applied to persons convicted of a sexual crime against minors, with the exception of the case when such a crime is committed by a minor against a minor between the ages of fourteen and eighteen, a terrorist or extremist crime that caused the death of people or is associated with the commission of a specially grave crime, as well as a crime committed as part of a criminal group.
Footnote. Article 75 as amended by the Law of the Republic of Kazakhstan dated 17.03.2023 № 212-VII (shall be enforced sixty calendar days after the date of its first official publication).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. The court may reprieve service of punishment up to three months upon existence of grounds, specified in part one of this Article, to the person convicted to deprivation of liberty for a grave or an especially grave crime, except for the persons convicted for terroristic or extremist crime, or crime committed as part of a criminal group or against sexual immunity of minors.
The restriction in the deferral of serving a punishment shall not be applied to the minors in case of commission a crime in respect of a minor aged between fourteen and eighteen years.
Footnote. Article 76 as amended by the Law of the Republic of Kazakhstan dated 09.04.2016 № 501-V (shall be enforced upon expiry of ten calendar days after its first official publication).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) two years in case of conviction for a crime of little gravity;
3) five years in case of conviction for a 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. The limitation period for crimes shall be suspended if the convicted person evades serving the punishment. In this case, the limitation period shall be renewed from the moment of detention of the person or his/her surrender. The limitation periods which have expired by the time of evasion of the convicted from serving the punishment, shall be subject to offset. However, a conviction may not be carried out if twenty years have elapsed since its issuance and the limitation period has not been interrupted by commission of a new crime. In case of deferment of serving the punishment, the period of limitation shall be suspended until the expiration of the limitation period.
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. The issue of applying the statute of limitations to a person sentenced to life imprisonment shall be decided by the court. If the court does not find it possible to apply the statute of limitations, life imprisonment shall be replaced by twenty-five years' imprisonment term. The periods of limitation shall not be applied to the persons convicted for commission of crimes against sexual immunity of minors, except for the case of commission of such a crime by a minor in respect of a minor aged between fourteen to eighteen, against peace and security of mankind, corruption crimes, terroristic crimes, extremist crimes, torture, as well as especially grave crimes against the person, the foundations of constitutional system and state security, in the sphere of economic activity.
Footnote. Article 77 as amended by the Laws of the Republic of Kazakhstan dated 09.04.2016 № 501-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 29.12.2021 № 89-VII (effective ten calendar days after the date of its first official publication).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, who committed crimes against sexual immunity of minors, except for the case of commission of such a crime by a minor in respect of a minor aged between fourteen and eighteen years, terroristic crimes, extremist crimes, torture, as well as the punishment to whom is imposed in case of recidivism or dangerous recidivism 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.
Footnote. Article 78 as amended by the Law of the Republic of Kazakhstan dated 09.04.2016 № 501-V (shall be enforced upon expiry of ten calendar days after its first official publication).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.
9. Expunction of a criminal record shall annul all the penal consequences provided for by this Code, with the exception of restrictions established by an additional type of punishment imposed for life, and the case provided for by part ten of this article.
10. Expunction of a criminal record shall not be taken into account when determining the type of penitentiary institution by the court.
Footnote. Article 79 is as amended by Law № 292-VІ of the Republic of Kazakhstan as of 27.12.2019 (the enforcement procedure is in Art.2); dated 17.03.2023 № 212-VII (shall be enforced sixty calendar days after the date of its first official publication).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 imposed only if the convicted minor has independent earnings or property to which the penalty may be levied. A fine is imposed in the amount of five to one hundred monthly calculation indices.
4. Corrective labors shall be imposed to the minors, having independent earnings or other permanent income in the amount of five to one hundred monthly calculation indices.
5. Community services shall be imposed for a term of ten to seventy-five hours, is in the performance of works, feasible for a minor, and is performed by them in their free time from study or basic work. The duration of execution of this type of punishment by the persons under the age of sixteen may not exceed two hours a day, and by the persons at the age of sixteen to eighteen – three hours 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. Deprivation of liberty by the convicted minors shall be served in institutions of the medium-security penal system for the maintenance of minors
9. Is excluded by the Law of the Republic of Kazakhstan dated 18.04.2017 № 58-VI (shall be enforced upon expiry of ten calendar days after its first official publication).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.
Footnote. Article 81 as amended by the Laws of the Republic of Kazakhstan dated 18.04.2017 № 58-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication).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. When a minor is released from criminal liability, coercive measures of educational impact shall 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 who has committed a grave crime for the first time, not related with causing death or grave harm to human health, may be released from criminal liability by the court in the cases provided by part two of Article 68 of this Code.
Footnote. Article 83 as amended by the Law of the Republic of Kazakhstan dated 09.04.2016 № 501-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 15.04.2024 № 72-VIII (shall be enforced upon expiry of sixty calendar days after its first official publication).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.
Footnote. Article 87 has been amended in the Kazakh language, the English text does not change in accordance with the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (effective after ten calendar days after the date of its first official publication).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) actual serving of a more lenient types of punishment than deprivation of liberty;
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.
Footnote. Article 89 as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication).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 A MEDICAL NATURE. OTHER MEASURES OF CRIMINAL AND LEGAL IMPACT
Footnote. The title of section 7 is in the wording of the Law of the Republic of Kazakhstan dated 10.01.2018 № 132-VI (shall be enforced from 01.07.2018).
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) those who have committed a criminal offense and are recognized as needing treatment for mental, behavioral disorders (diseases) associated with the use of psychoactive substances;
5) over eighteen years of age, committed a criminal infraction against sexual immunity of minors.
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 respect of persons referred to in paragraphs 1) – 4) of part one of this Article and not constituting a danger in their mental state, the court may transfer the necessary materials to the bodies of healthcare for decision of the issue on treatment of these persons or sending them to psychoneurological organizations in the manner prescribed by the legislation of the Republic of Kazakhstan in the field of healthcare.
Footnote. Article 91 as amended by the Law of the Republic of Kazakhstan dated 09.04.2016 № 501-V (shall be enforced from 01.01.2018); dated 07.07.2020 № 361-VI (shall be enforced upon expiry of ten calendar days after the day of its first official publication).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;
5) compulsory treatment in the form of chemical castration and treatment of propensity to sexual violence and disorder of sexual preference.
2. For persons convicted of criminal offenses committed in a state of sanity, but in need of treatment for mental, behavioral disorders (diseases), including those associated with the use of psychoactive substances that do not exclude sanity, the court, along with punishment, may impose compulsory medical measures in the form of outpatient compulsory observation and treatment by a psychiatrist.
3. The court, when released from the places of deprivation of liberty after serving the sentence, shall decide on imposition, extension, change or termination of compulsory medical measures to the persons, committed crimes against sexual immunity of minors.
Footnote. Article 93 as amended by the Laws of the Republic of Kazakhstan dated 09.04.2016 № 501-V (shall be enforced from 01.01.2018); dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 07.07.2020 № 361-VI (shall be enforced upon expiry of ten calendar days after the day of its first official publication); dated 30.12.2020 № 393-VI (shall be enforced upon expiry of ten calendar days after the day of its first official publication).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 paragraphs 3) and 5) of part one of Article 91 of this Code, compulsory measures of a medical nature shall be carried out at the place of serving the deprivation of liberty, and in respect of the convicted persons to other types of punishment – in organizations of healthcare, providing outpatient psychiatric assistance.
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.
Footnote. Article 98 as amended by the Law of the Republic of Kazakhstan dated 09.04.2016 № 501-V (shall be enforced from 01.01.2018).Article 98-1. Compulsory payment
In order to protect the rights and legitimate interests of victims, a compulsory payment in the form of a fixed sum of money established by Article 98-2 of this Code, shall be collected from a guilty person, who committed a criminal infraction, by the court in the manner prescribed by the legislation of the Republic of Kazakhstan on the victims compensation Fund.
Footnote. Section 7 is supplemented by Article 98-1 in accordance with the Law of the Republic of Kazakhstan dated 10.01.2018 № 132-VI (shall be enforced from 01.07.2018).Article 98-2. Amount of compulsory payment
Compulsory payment shall be collected by the court in the manner prescribed by the legislation of the Republic of Kazakhstan on the victims compensation Fund, in the amount of for:
1) criminal offenses – five monthly calculation indices;
2) crimes of little gravity – ten monthly calculation indices;
3) crimes of average gravity – fifteen monthly calculation indices;
4) grave crimes – twenty monthly calculation indices;
5) especially grave crimes – thirty monthly calculation indices.
Footnote. Section 7 is supplemented by Article 98-2 in accordance with the Law of the Republic of Kazakhstan dated 10.01.2018 № 132-VI (shall be enforced from 01.07.2018).Article 98-3. Establishment of special requirements for the behavior of a person who has committed a criminal offense
1. A person found guilty of a criminal offense may be subject to special requirements for his/her behavior for a period from three months to one year when imposing punishment or being released from criminal liability or punishment by the court on its own initiative or at the request of the parties to the criminal proceedings, providing for the provision of psychological assistance, as well as in full or separately prohibition:
1) against the will of the victim to search for, pursue, visit the victim, conduct verbal, telephone conversations and contact with him/her by other means, including minors and (or) incapable members of his/her family;
2) to acquire, keep, carry and use firearms and other weapons;
3) use alcoholic beverages, narcotic drugs, psychotropic substances.
2. When special requirements are established for the behavior of a person who has committed a violent crime, in order to protect and defend the victim and members of his or her family, in exceptional cases the court may, for a period of up to thirty days, apply a measure of legal influence in the form of a ban on the person who has committed a violent crime from living in the dwelling with the victim.
3. During the period of validity of special requirements to the behavior of a convicted person or a person in respect of whom the pre-trial investigation is terminated for reconciliation of parties, he/she may be obliged to report to the internal affairs bodies for preventive conversation from one to four times a month.
4. During the period of validity of special requirements for the behavior of a person in respect of whom the pre-trial investigation has been terminated for the reconciliation of the parties in accordance with part two of article 108-1 or part two of article 109-1 of this Code, he/she shall be obliged by court decision to report to the internal affairs authorities for preventive talks from one to four times a month.
5. Special requirements for a person released from criminal liability in connection with reconciliation shall be established in accordance with the procedure defined in article 165 of the Code of Criminal Procedure of the Republic of Kazakhstan.
Footnote. Section 7 is supplemented by Article 98-3 in accordance with the Law of the Republic of Kazakhstan dated 15.04.2024 № 72-VIII (shall be enforced upon expiry of sixty calendar days after its first official publication). 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;
7) committed by a group of persons, a group of persons by prior agreement;
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;
15) committed by a criminal group, as well as in an emergency situation or during mass riots, -
shall be punished by imprisonment for the term of fifteen to twenty years or life imprisonment with confiscation of property or without it.
3. The murder of a juvenile -
shall be punished by life imprisonment.
Footnote. Article 99 as amended by the Law of the Republic of Kazakhstan dated 07.11.2014 № 248-V (shall be enforced from 01.01.2015); № 292-VІ as of 27.12.2019 (the enforcement procedure is in Art.2); dated 15.04.2024 № 72-VIII (shall be enforced upon expiry of sixty calendar days after its first official publication).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, inducement to commit suicide or assisting in the commission of suicide
1. Inciting a person to commit suicide or attempted suicide by means of threats, cruel treatment or systematic humiliation of the victim's human dignity, as well as inducing or assisting the victim to commit suicide –
shall be punished by restriction of freedom for the term up to three years or imprisonment for the same term.
2. The same act committed:
1) against a person known to the perpetrator to be in a helpless state or materially or otherwise dependent on the perpetrator;
2) in respect of two or more persons;
3) by a group of persons by prior agreement or by a criminal group;
4) through the use of telecommunications networks, including the Internet, –
shall be punished by restriction of freedom for the term up to five years or imprisonment for the same term.
3. Acts, provided for by parts one or two of this article, committed against a minor, –
Shall be punished by imprisonment for the term of five to nine years.
Footnote. Article 105 - as amended by the Law of the Republic of Kazakhstan dated 15.04.2024 № 72-VIII (shall be enforced upon expiry of sixty calendar days after its first official publication).Article 106. Intentional infliction of grievous harm to health
1. Intentional infliction of grievous harm to health
shall be punished by imprisonment for the term of three to eight years.
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 to a person who is obviously in a helpless state or in material or other dependence on the guilty person, also associated with abduction of a person 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 punishable by imprisonment for a term of six to ten years, with or without property confiscation.
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 punishable by imprisonment for a term of eight to twelve years, with or without property confiscation.
Footnote. Article 106 is as amended by Law № 292-VІ of the Republic of Kazakhstan as of 27.12.2019 (the enforcement procedure is in Art.2); dated 01.07.2022 № 131-VII (shall be enforced sixty calendar days after the date of its first official publication); dated 17.03.2023 № 212-VII (shall be enforced sixty calendar days after the date of its first official publication); dated 15.04.2024 № 72-VIII (shall be enforced upon expiry of sixty calendar days after its first official publication).Article 107. Intentional infliction of average-gravity harm to health
1. Intentional infliction of average-gravity harm to health –
shall be punished by a fine in the amount of up to one thousand monthly calculation indices or corrective labors in the same amount, or community services for a term of up to six hundred hours, or restriction of liberty for a term of up to two years.
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, also in relation to a person who, with the guilty person’s knowledge, was in a helpless state or in material or other dependence on the guilty person;
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 imprisonment for the term of up to three years.
Footnote. Article 107 as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 17.03.2023 № 212-VII (shall be enforced sixty calendar days after the date of its first official publication); dated 15.04.2024 № 72-VIII (shall be enforced upon expiry of sixty calendar days after its first official publication).Article 108. Intentional infliction of non-grave harm to health
Footnote. Article 108 is excluded by the Law of the Republic of Kazakhstan dated 03.07.2017 № 84-VI (shall be enforced upon expiry of ten calendar days after its first official publication).
Article 108-1. Intentional infliction of minor injury to health
1. Intentional infliction of minor injury to health –
shall be punished by a fine in the amount of up to two hundred monthly calculated indices or corrective labors in the same amount, or community services for a term of up to two hundred hours, or arrest for the term of up to fifty days.
2. The same act committed:
1) against two or more persons;
2) against a person or his or her relatives in connection with the person's official activity or performance of professional or public duty;
3) with particular cruelty, as well as against a person known to the perpetrator to be in a helpless state or materially or otherwise dependent on the perpetrator;
4) by a group of persons, or a group of persons by prior agreement;
5) from molester motives;
6) motivated by social, national, racial or religious hatred or enmity;
7) repeatedly;
8) against a person known to be a minor, –
shall be punished by a fine in the amount of up to one thousand monthly calculate indices or corrective labors in the same amount, or community services for a term of up to six hundred hours, or restriction of liberty for a term of up to two years, or imprisonment for the same term.
Footnote. Chapter 1 is supplemented with Article 108-1in accordance with the Law of the Republic of Kazakhstan dated 15.04.2024 № 72-VIII (shall be enforced upon expiry of sixty calendar days after its first official publication).Footnote. Article 109 is excluded by the Law of the Republic of Kazakhstan dated 03.07.2017 № 84-VI (shall be enforced upon expiry of ten calendar days after its first official publication).
Article 109-1. Battery
1. Battery or other violent acts causing physical pain, but not caused minor injury to health, –
Shall be punished by a fine in the amount of up to eighty monthly calculated indices or corrective labors in the same amount, or community services for a term of up to eighty hours, or arrest for the term of up to twenty-five days.
2. The same act committed:
1) against two or more persons;
2) against a person or his or her relatives in connection with the person's official activity or performance of professional or public duty;
3) against a person known to the perpetrator to be in a helpless state or materially or otherwise dependent on the perpetrator;
4) by a group of persons, or a group of persons by prior agreement;
5) from molester motives;
6) motivated by social, national, racial or religious hatred or enmity;
7) repeatedly;
8) against a person known to be a minor , –
Shall be punished by a fine in the amount from one hundred to two hundred monthly calculated indices or corrective labors in the same amount or community services for the term one hundred to two hundred hours, or arrest for the term of thirty to fifty days.
Footnote. Chapter 1 is supplemented with Article 109-1 in accordance with the Law of the Republic of Kazakhstan dated 15.04.2024 № 72-VIII (shall be enforced upon expiry of sixty calendar days after its first official publication).Article 110. Torment
1. Infliction of physical or mental suffering by violent acts, committed with particular cruelty, mockery, with the purpose of causing torment to the victim, if this act did not entail the infliction of grievous or moderately grievous harm to health, –
shall be punished by corrective labor in the amount of up to one thousand monthly calculated indices, or community services for the term of up to six hundred hours, or imprisonment for the term of up to three years.
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) excluded by the Law of the Republic of Kazakhstan dated 17.03.2023 № 212-VII (shall be enforced sixty calendar days after the date of its first official publication);5) by hire;
6) on social, national, racial or religious hatred or enmity, -
Shall be punished by imprisonment for the term of four to seven years.
Footnote. Article 110 as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication); № 292-VІ as of 27.12.2019 (the enforcement procedure is in Art.2); dated 17.03.2023 № 212-VII (shall be enforced sixty calendar days after the date of its first official publication); dated 15.04.2024 № 72-VIII (shall be enforced upon expiry of sixty calendar days after its first official publication).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 a fine in the amount of up to one hundred and twenty monthly calculation indices or corrective labors in the same amount, or community services for a term of up to one hundred and twenty hours, or arrest for a term of up to thirty days.
Footnote. Article 111 as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication).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 a fine in the amount of up to one thousand monthly calculation indices or corrective labors in the same amount, or community services for a term of up to four hundred hours, or restriction of liberty for a term of up to one year, or deprivation of liberty 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.
Footnote. Article 112 as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication).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 a fine in the amount of up to one thousand monthly calculation indices or corrective labors in the same amount, or community services for a term of up to four hundred hours, or restriction of liberty for a term of up to one year, or deprivation of liberty for the same term.
Footnote. Article 113 as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication).Article 114. Negligent infliction of harm to health
1. Infliction of average gravity of harm to health by negligence -
shall be punished by a fine in the amount of up to eighty monthly calculation indices or corrective labors in the same amount, or community services for a term of up to eighty hours, or arrest for a term of up to twenty days.
2. Infliction of average gravity of harm to health by negligence to two or more persons –
shall be punished by a fine in the amount of up to one hundred and twenty monthly calculation indices or corrective labors in the same amount, or community services for a term of up to one hundred and twenty hours, or arrest for a term of up to thirty days.
3. Infliction of grievous harm to health by negligence –
shall be punished by a fine in the amount of up to one thousand monthly calculation indices or corrective labors in the same amount, or community services for a term of up to four hundred hours, or restriction of liberty for a term of up to one year, or deprivation of liberty for the same term.
4. Infliction of grievous harm to health by negligence to two or more persons -
shall be punished by a fine in the amount of up to two thousand monthly calculation indices or corrective labors in the same amount, or community services for a term of up to six hundred hours, or restriction of liberty for a term of up to two years, or deprivation of liberty for the same term.
Footnote. Article 114 as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication).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 a fine in the amount of up to one hundred and twenty monthly calculation indices or corrective labors in the same amount, or community services for a term of up to one hundred and twenty hours, or arrest for a term of up to thirty days.
Footnote. Article 115 as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication).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 with imprisonment for a term of six to ten years, with confiscation of property, with or without the deprivation of the right to hold certain positions or engage in certain activities for a term of up to six years.
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 with imprisonment for a term of eight to twelve years, with confiscation of property, with or without the deprivation of the right to hold certain positions or engage in certain activities for a term of up to six years.
Footnote. Article 116 is as amended by Law № 292-VІ of the Republic of Kazakhstan as of 27.12.2019 (the enforcement procedure is in Art.2).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 a fine in the amount of up to two thousand monthly calculation indices or corrective labors in the same amount, or community services for a term of up to six hundred hours, or restriction of liberty for a term of up to two years, or deprivation of liberty for the same term.
Footnote. Article 117 as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication).Article 118. Infection of human immunodeficiency virus (HIV/AIDS)
1. Knowing endangering of other person of infection of HIV/AIDS -
shall be punished by a fine in the amount of up to two hundred monthly calculation indices or corrective labors in the same amount, or community services for a term of up to one hundred eighty hours, or arrest for a term of up to fifty 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 with imprisonment for a term of five to ten 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.
Footnote. Article 118 as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication); № 292-VІ as of 27.12.2019 (the enforcement procedure is in Art.2).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 with imprisonment for a term of six to eight years.
2. Rape:
1) committed by a group of persons, a group of persons by previous concert;
2) together with the threat of murder, and also committed with particular cruelty in relation to the victim or other persons;
3) entailing the infection of the victim with a venereal disease;
4) committed repeatedly;
5) committed by a person performing official duties –
shall be punished with imprisonment for a term of nine to twelve years.
3. The actions, provided by first and second parts of this Article, if they:
1) is excluded by Law № 292-VІ of the Republic of Kazakhstan as of 27.12.2019 (the enforcement procedure is in Art.2);2) resulted infliction of grievous harm to health of injured person by negligence, infection her with HIV/AIDS or other grave consequences;
3) is excluded by the Law of the Republic of Kazakhstan dated 01.04.2019 № 240-VI (shall be enforced upon expiry of ten calendar days after its first official publication);4) committed in the conditions of emergency situation or in the course of mass disorders;
5) is excluded by the Law of the Republic of Kazakhstan dated 01.04.2019 № 240-VI (shall be enforced upon expiry of ten calendar days after its first official publication);6) excluded by the Law of the Republic of Kazakhstan dated 30.12.2020 № 393-VI (shall be enforced upon expiry of ten calendar days after the day of its first official publication).
shall be punished by imprisonment for a term of twelve to fifteen years with deprivation of the right to hold certain positions or engage in certain activities for a period of ten years or without it.
3-1. Actions, provided by parts one, two or three of this Article, if they:
1) committed against a minor;
2) excluded by the Law of the Republic of Kazakhstan dated 30.12.2020 № 393-VI (shall be enforced upon expiry of ten calendar days after the day of its first official publication);3) committed by a criminal group, –
shall be punishable by imprisonment for a term of fifteen to seventeen years, with lifelong deprivation of the right to hold certain positions or engage in certain activities.
3-2. The acts provided for by parts one, two, three or 3-1 of this article, if they:
1) were committed against two or more minors;
2) excluded by the Law of the Republic of Kazakhstan dated 30.12.2020 № 393-VI (shall be enforced upon expiry of ten calendar days after the day of its first official publication);3) committed in relation to a minor by a parent, stepfather, teacher or other person, who is entrusted with the duties of raising her by the law of the Republic of Kazakhstan, -
shall be punished by imprisonment for a term of seventeen to twenty years with life deprivation of the right to hold certain positions or engage in certain activities or life imprisonment.
4. Acts provided for by parts one, two, three, paragraph 3) of part 3-1 and part 3-2 of this article, if they are committed against a minor or negligently caused the death of the victim, -
shall be punished by life imprisonment.
Footnote. Article 120 as amended by the Law of the Republic of Kazakhstan dated 01.04.2019 № 240-VI (shall be enforced upon expiry of ten calendar days after its first official publication); № 292-VІ as of 27.12.2019 (the enforcement procedure is in Art.2); dated 30.12.2020 № 393-VI (shall be enforced upon expiry of ten calendar days after the day of its first official publication); dated 15.04.2024 № 72-VIII (shall be enforced upon expiry of sixty calendar days after its first official publication).Article 121. Violent acts of sexual nature
1. Sodomy, lesbianism or other sexual acts with the use of violence or with the threat of its use against the victim or other persons or using the helpless state of the victim -
shall be punished with imprisonment for a term of five to eight years.
2. The same acts:
1) committed by a group of persons, a group of persons by previous concert;
2) together with the threat of murder, and also committed with particular cruelty in relation to the victim or other persons;
3) entailing the infection of the victim with a venereal disease;
4) committed repeatedly;
5) committed by a person performing official duties -
shall be punished with imprisonment for a term of nine to twelve years.
3. The acts provided for by parts one or two of this article, if they:
1) is excluded by Law № 292-VІ of the Republic of Kazakhstan as of 27.12.2019 (the enforcement procedure is in Art.2);2) caused, through negligence, grievous bodily harm to the victim, his/her HIV infection or other grave consequences;
3) is excluded by Law № 240-VI of the Republic of Kazakhstan as of 01.04.2019 (shall be enforced ten calendar days after its first official publication);4) committed in an emergency situation or during mass riots;
5) is excluded by Law № 240-VI of the Republic of Kazakhstan as of 01.04.2019 (shall be enforced ten calendar days after its first official publication);6) excluded by the Law of the Republic of Kazakhstan dated 30.12.2020 № 393-VI (shall be enforced upon expiry of ten calendar days after the day of its first official publication) –
shall be punished with imprisonment for a term of twelve to fifteen years with or without the deprivation of the right to hold certain positions or engage in certain activities for a term of ten years.
3-1. The acts provided for by parts one, two or three of this article, if they:
1) are committed against a minor;
2) excluded by the Law of the Republic of Kazakhstan dated 30.12.2020 № 393-VI (shall be enforced upon expiry of ten calendar days after the day of its first official publication);3) committed by a criminal group, ––
shall be punishable by imprisonment for a term of fifteen to seventeen years, with lifelong deprivation of the right to hold certain positions or engage in certain activities.
3-2. The acts provided for by parts one, two, three or 3-1 of this article, if they:
1) are committed against two or more minors;
2) excluded by the Law of the Republic of Kazakhstan dated 30.12.2020 № 393-VI (shall be enforced upon expiry of ten calendar days after the day of its first official publication);3) committed in relation to a minor (minor) by a parent, stepfather, teacher or other person who is entrusted with the duties to raise him (her) by the law of the Republic of Kazakhstan, –
shall be punished with imprisonment for a term of seventeen to twenty years with lifetime deprivation of the right to hold certain positions or engage in certain activities or life imprisonment.
4. Acts provided for by parts one, two, three, paragraph 3) of part 3-1 and part 3-2 of this article, if they are committed in relation to a minor (minor), or negligently entailed the death of the victim (victim), -
shall be punished by life imprisonment.
Footnote. Article 121 as amended by the Law of the Republic of Kazakhstan dated 01.04.2019 № 240-VI (shall be enforced upon expiry of ten calendar days after its first official publication); № 292-VІ as of 27.12.2019 (the enforcement procedure is in Art.2); dated 30.12.2020 № 393-VI (shall be enforced upon expiry of ten calendar days after the day of its first official publication); dated 15.04.2024 № 72-VIII (shall be enforced upon expiry of sixty calendar days after its first official publication).Article 121-1. Sexual harassment against persons, not attained the age of sixteen
Committing indecent acts of a sexual nature against a person known to be under the age of sixteen, involving propositions, including through the use of telecommunications networks, including the Internet, or touching of a sexual nature, –
shall be punished by corrective labor in the amount of up to two hundred monthly calculated indices or community services for the term of up to two hundred hours, or arrest for the term of up to fifty days with or without deprivation of right to hold specific positions or engage in a specific activity for the term of up to three years.
Footnote. Chapter 1 is supplemented with Article 121-1 in accordance with the Law of the Republic of Kazakhstan dated 15.04.2024 № 72-VIII (shall be enforced upon expiry of sixty calendar days after its first official publication).Article 122. Sexual intercourse or other acts of a sexual nature with a person known to be under sixteen years of age, also receiving prostitution services or other sexual services provided by a person known to be underage
1. Sexual intercourse, sodomy, lesbianism or other actions of a sexual nature with a person who is known to be under sixteen years of age -
shall be punishable by restriction of liberty for a term of up to five years or imprisonment for the same term with lifelong deprivation of the right to hold certain positions or engage in certain activities.
2. Receiving prostitution services or other sexual services provided by a person who is known to be underage -
shall be punishable by imprisonment for a term of three to six years with lifelong deprivation of the right to hold certain positions or engage in certain activities.
3. The acts envisaged by part one of this article, committed against a person who is under sixteen years of age, by a parent, stepfather, stepmother, teacher or other person who is charged with the responsibility for his or her upbringing by law of the Republic of Kazakhstan -
shall be punishable by imprisonment for a term of seven to twelve years with lifelong deprivation of the right to hold certain positions or engage in certain activities.
4. The acts envisaged by parts one, two or three of this article, committed:
1) repeatedly;
2) against two or more persons, -
shall be punishable by imprisonment for a term of twelve to fifteen years with lifelong deprivation of the right to hold certain positions or engage in certain activities.
Note. In this article and Articles 134, 308 and 309 of this Code, other services of a sexual nature shall be understood as the commission, with the purpose of obtaining income or property benefits, of actions aimed at satisfying the sexual need (passion) of another person, including remotely in real time via telecommunications networks, including the Internet.
Footnote. Article 122 - as amended by the Law of the Republic of Kazakhstan dated 05.07.2024 № 111-VIII (effective sixty calendar days after the date of its first official publication).Article 123. Coercion to sexual relations, pederasty, lesbianism or other actions of a sexual nature
1. Coercion of a person to sexual relations, pederasty, lesbianism or other actions of a sexual nature by means of blackmail, threat of destruction, damage or seizure of property or with the use of material or other dependence of the victim –
shall be punished with a fine worth up to three thousand monthly calculation indices, or with corrective labor in the same amount, or restriction of liberty for a term of up to three years, or imprisonment for the same term.
2. The same action, committed in respect of a minor, –
shall be punishable by deprivation of liberty for a term of up to five years, with lifelong deprivation of the right to hold certain positions or engage in certain activities.
Footnote. Article 123 is in the wording of the Law of the Republic of Kazakhstan dated 01.04.2019 № 240-VI (shall be enforced upon expiry of ten calendar days after its first official publication); as amended by Law № 292-VІ of the Republic of Kazakhstan as of 27.12.2019 (the enforcement procedure is in Art.2); dated 30.12.2020 № 393-VI (shall be enforced upon expiry of ten calendar days after the day of its first official publication).Article 124. Corruption of persons, not attained the age of sixteen
Footnote. Article 124 as amended by the Law of the Republic of Kazakhstan dated 15.04.2024 № 72-VIII (shall be enforced upon expiry of sixty calendar days after its first official publication).
1. Commission of sexual abuses without use of force against a person known to be under the age of sixteen, –
shall be punished by imprisonment for a term of seven to twelve years, with lifelong deprivation of the right to hold certain positions or engage in certain activities.
2. The same action, committed against a person known to be under the age of sixteen, by a parent, stepfather, stepmother, teacher or other person to whom the responsibilities of her/his upbringing are imposed by the Law of the Republic of Kazakhstan, –
shall be punished by imprisonment for a term of ten to fifteen years, with lifelong deprivation of the right to hold certain positions or engage in certain activities.
3. The actions, provided by first or second part of this Article, committed repeatedly –
shall be punishable by imprisonment for a term of twelve to seventeen years, with lifelong deprivation of the right to hold certain positions or engage in certain activities.
Footnote. Article 124 as amended by the Law of the Republic of Kazakhstan dated 01.04.2019 № 240-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 30.12.2020 № 393-VI (shall be enforced upon expiry of ten calendar days after the day of its first official publication); dated 15.04.2024 № 72-VIII (shall be enforced upon expiry of sixty calendar days after its first official publication).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) excluded by the Law of the Republic of Kazakhstan dated 15.04.2024 № 72-VIII (shall be enforced upon expiry of sixty calendar days after its first official publication);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 mercenary motives;
9) by a person using his/her official position;
10) with falsification, concealment or destruction of documents proving the identity of the victim, -
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;
2-1) committed against a person known to be a minor;
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.
Footnote. Article 125 is as amended by Law № 292-VІ of the Republic of Kazakhstan as of 27.12.2019 (the enforcement procedure is in Art.2); dated 15.04.2024 № 72-VIII (shall be enforced upon expiry of sixty calendar days after its first official publication).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) excluded by the Law of the Republic of Kazakhstan dated 15.04.2024 № 72-VIII (shall be enforced upon expiry of sixty calendar days after its first official publication);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) using material or other dependence of the victim;
10) by a person using his/her official position;
11) with falsification, concealment or destruction of documents proving the identity of the victim -
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;
2-1) committed against a person known to be a minor;
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.
Footnote. Article 126 is as amended by Law № 292-VІ of the Republic of Kazakhstan as of 27.12.2019 (the enforcement procedure is in Art.2); dated 15.04.2024 № 72-VIII (shall be enforced upon expiry of sixty calendar days after its first official publication).Article 127. Illegal placement in a mental hospital
1. Illegal placement in a mental hospital or illegal detention in it -
shall be punished by a fine in the amount of up to three thousand monthly calculation indices or corrective labors in the same amount, community services for a term of up to eight hundred hours, or restriction of liberty for a term of up to three years, or deprivation of liberty 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 with imprisonment for a term of four to eight years with the deprivation of the right to hold certain positions or engage in certain activities for up to three years.
Footnote. Article 127 as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication); № 292-VІ as of 27.12.2019 (the enforcement procedure is in Art.2).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 with imprisonment for a term of four to seven 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;
13) in respect of a woman who has given birth in exploitation and (or) has a minor child with her -
shall be punished with imprisonment for a term of seven to nine 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 with imprisonment for a term of nine to twelve 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 with imprisonment for a term of twelve to fifteen years with confiscation of property.
Note. In the articles of this Code providing for liability for crimes related to human trafficking, the victim’s consent to exploitation, obtained through the use of violence or threat thereof, deceit or breach of trust through the use of official position, material or other dependence, use of mental disorder or helpless state, removal, concealment or destruction of documents certifying the identity of the victim, or other means of influence, shall not constitute a ground for excluding criminal liability and punishment.
Footnote. Article 128 is as amended by Law № 292-VІ of the Republic of Kazakhstan as of 27.12.2019 (the enforcement procedure is in Art.2); dated 05.07.2024 № 111-VIII (effective sixty calendar days after the date of its first official publication).Article 129. Human cloning
1. Human cloning, creation of human embryos for the purposes of biomedical research or use of a human embryo for commercial, military or industrial purposes, as well as the export of germ cells or a human embryo 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 with imprisonment for a term of four to eight years with the deprivation of the right to hold certain positions or engage in certain activities for up to three years.
3. The actions, provided by first or second parts of this Article, committed by criminal group –
shall be punished with imprisonment for a term of seven to twelve years with the deprivation of the right to hold certain positions or engage in certain activities for up to five years.
Footnote. Article 129 is as amended by Law № 292-VІ of the Republic of Kazakhstan as of 27.12.2019 (the enforcement procedure is in Art.2); dated 07.07.2020 № 361-VI (shall be enforced upon expiry of ten calendar days after the day of its first official publication).Article 130. Slander
Footnote. Article 130 is excluded by the Law of the Republic of Kazakhstan dated 26.06.2020 № 349-VI (shall be enforced upon expiry of ten calendar days after the day of its first official publication).
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 act, committed in public , or through the use of mass media, telecommunications networks or online platforms, –
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.
Footnote. Article 131 as amended by the Law of the Republic of Kazakhstan dated 19.06.2024 № 94-VIII (shall be enforced upon expiry of sixty calendar days after its first official publication). 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 with imprisonment for a term of three to six years.
2. The same action, committed by a parent, teacher or other person to whom the responsibilities of a minor’s upbringing are imposed by the Law of the Republic of Kazakhstan, or through the use of telecommunications networks, including the Internet, –
shall be punished with imprisonment for a term of four to eight years with lifetime deprivation of the right to hold certain positions or engage in certain activities.
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, -
shall be punished with imprisonment for a term of four to ten years with lifetime deprivation of the right to hold certain positions or engage in certain activities.
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, -
shall be punished with imprisonment for a term of five to twelve years with lifetime deprivation of the right to hold certain positions or engage in certain activities.
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.
shall be punished by imprisonment for a term of ten to fifteen years with life deprivation of the right to hold certain positions or engage in certain activities.
Footnote. Article 132 as amended by the Law of the Republic of Kazakhstan dated 02.07.2018 № 170-VI (shall be enforced upon expiry of six months after its first official publication); № 292-VІ as of 27.12.2019 (the enforcement procedure is in Art.2).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 with a fine worth up to four thousand monthly calculation indices, or with corrective labor in the same amount, or involvement in community service for a term of up to one thousand hours, or restriction of liberty for a 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 with a fine worth up to five thousand monthly calculation indices, or with corrective labor in the same amount, or involvement in community service for a term of up to one thousand two hundred hours, or restriction of liberty for a term of up to six years, or imprisonment for the same term, with lifetime deprivation of the right to hold certain positions or engage in certain activities.
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 with imprisonment for a term of three to seven years with lifetime deprivation of the right to hold certain positions or engage in certain activities.
Footnote. Article 133 as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication); № 292-VІ as of 27.12.2019 (the enforcement procedure is in Art.2).Article 134. Involvement of a minor in prostitution, provision of other sexual services
Footnote. The Heading of Article134 as amended by the Law of the Republic of Kazakhstan dated 05.07.2024 № 111-VIII (effective sixty calendar days after the date of its first official publication);
1. Involvement of a minor in prostitution, provision of other sexual services -
shall be punishable by imprisonment for a term of three to six years, with confiscation of property, with life-long deprivation of the right to hold certain positions or engage in certain activities.
2. Involvement of a minor in prostitution, provision of other services of a sexual nature by using violence or the threat of using it, exploiting a dependent position, blackmail, destruction of or damage to property, or by deception, as well as by propaganda and (or) advertising of prostitution, other services of a sexual nature for these purposes -
shall be punishable by imprisonment for a term of five to eight years, with confiscation of property, with lifelong deprivation of the right to hold certain positions or engage in certain activities.
3. The actions, provided by first and second part of this Article, committed:
1) by group of persons on previous concert;
1-1) through the use of telecommunications networks, including the Internet;
2) repeatedly;
shall be punishable by imprisonment for a term of six to ten years, with confiscation of property, with life-long deprivation of the right to hold certain positions or engage in certain activities.
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 punishable by imprisonment for a term of seven to twelve years, with confiscation of property, with lifelong deprivation of the right to hold certain positions or engage in certain activities.
Notes. In this article, Articles 308 and 309 of this Code:
1) propaganda of prostitution, other services of a sexual nature for the purpose of involvement in this activity, as well as for pimpship purpose, shall be understood as dissemination of any information about prostitution, other services of a sexual nature, the benefits and advantages of providing such services;
2) advertising of prostitution, other services of a sexual nature for the purpose of involvement in this activity, as well as for pimpship purpose, shall be understood as dissemination and (or) placement of information about the person, price, method and (or) the venue of such services.
Footnote. Article 134 as amended by the Law of the Republic of Kazakhstan dated 02.07.2018 № 170-VI (shall be enforced upon expiry of six months after its first official publication); № 292-VІ as of 27.12.2019 (the enforcement procedure is in Art.2); dated 30.12.2020 № 393-VI (shall be enforced upon expiry of ten calendar days after the day of its first official publication); dated 05.07.2024 № 111-VIII (effective sixty calendar days after the date of its first official publication);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 with imprisonment for a term of five to nine 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;
14) in respect of a minor who gave birth in exploitation and/or has a minor child with her –
shall be punished with imprisonment for a term of nine to twelve 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 with imprisonment for a term of ten to fifteen 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 with imprisonment for a term of twelve to eighteen years with confiscation of property.
Note. The consent to exploitation of a minor victim shall not be taken into account regardless of the presence or absence of the methods of influence provided for in the note to Article 128 of this Code.
Footnote. Article 135 is as amended by Law № 292-VІ of the Republic of Kazakhstan as of 27.12.2019 (the enforcement procedure is in Art.2); dated 05.07.2024 № 111-VIII (effective sixty calendar days after the date of its first official publication).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 a fine in the amount of up to one hundred and sixty monthly calculation indices or corrective labors in the same amount, community services for a term of up to one hundred and sixty hours, or arrest for a term of up to forty days, with deprivation of the right to hold certain positions or engage in certain activity for a 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 a fine in the amount of up to two thousand monthly calculation indices or corrective labors in the same amount, or community services for a term of up to six hundred hours, or restriction of liberty for a term of up to two years, or deprivation of liberty for the same term, with deprivation of the right to hold certain positions or engage in certain activity for a term of up to three years or without it.
Footnote. Article 137 as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication).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 a fine in the amount of up to two hundred monthly calculation indices or corrective labors in the same amount, or community services for a term of up to one hundred and eighty hours, or arrest for a term of up to fifty days, with deprivation of the right to hold certain positions or engage in certain activity for a term of up to three years or without it.
Footnote. Article 138 as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication).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 community services for a term of up to six hundred hours or by restriction of liberty for a term of up to two years, or by deprivation of liberty for the same term.
Footnote. Article 139 as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication).Article 140. Non-performance of obligations on upbringing of a minor
1. Is excluded by the Law of the Republic of Kazakhstan dated 01.04.2019 № 240-VI (shall be enforced upon expiry of ten calendar days after its first official publication).
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 a fine in the amount of up to one hundred and sixty monthly calculation indices or corrective labors in the same amount, or community services for a term of up to one hundred and sixty hours, or arrest for a term of up to forty days, with deprivation of the right to hold certain positions or engage in certain activity for a term of up to three years or without it.
Footnote. Article 140 as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 01.04.2019 № 240-VI (shall be enforced upon expiry of ten calendar days after its first official publication).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 a fine in the amount of up to two thousand monthly calculation indices or corrective labors in the same amount, or community services for a term of up to six hundred hours, or restriction of liberty for a term of up to two years, or deprivation of liberty for the same term, with deprivation of the right to hold certain positions or engage in certain activity for a 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.
Footnote. Article 141 as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication).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 a fine in the amount of up to two thousand monthly calculation indices or corrective labors in the same amount, or community services for a term of up to six hundred hours, or restriction of liberty for a term of up to two years, or deprivation of liberty for the same term.
Footnote. Article 142 as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication).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 with a fine worth up to three thousand monthly calculation indices, or with corrective labor in the same amount, or involvement in community service for a term of up to eight hundred hours, or restriction of liberty for a term of up to three years, or imprisonment for the same term.
2. The same action, committed for mercenary or other base motives or by a group of persons by prior agreement, -
shall be punished with a fine worth up to eight thousand monthly calculation indices, or with corrective labor in the same amount, or restriction of liberty for a term of up to six years, or imprisonment for the same term, with or without confiscation of property.
3. The actions, provided by first or second parts of this Article, committed by criminal group, -
shall be punished with imprisonment for a term of three to eight years with confiscation of property.
Footnote. Article 143 as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication); № 292-VІ as of 27.12.2019 (the enforcement procedure is in Art.2).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 punishable by deprivation of liberty for a term of up to five years, with or without confiscation of property, with life deprivation of the right to hold certain positions or engage in certain activities.
2. The acts provided for by part one of this article, committed:
1) by a parent, stepfather, stepmother, teacher or other person who is charged with the responsibility of raising a minor by the law of the Republic of Kazakhstan;
2) in respect of a known minor (minor);
3) a group of persons by prior agreement or a criminal group;
4) repeatedly, -
shall be punishable by imprisonment for a term of five to seven years, with confiscation of property, with lifelong deprivation of the right to hold certain positions or engage in certain activities.
Footnote. Article 144 is as amended by Law № 292-VІ of the Republic of Kazakhstan as of 27.12.2019 (the enforcement procedure is in Art.2); dated 30.12.2020 № 393-VI (shall be enforced upon expiry of ten calendar days after the day of its first official publication). 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 a fine in the amount of up to one hundred and sixty monthly calculation indices or corrective labors in the same amount, or community services for a term of up to one hundred and sixty hours, or arrest for a term of up to forty 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 a fine in the amount of up to two hundred monthly calculation indices or corrective labors in the same amount, or community services for up to two hundred hours, or arrest for up to fifty days, with deprivation of the right to hold certain positions or engage in certain activity for up to three years or without it.
Footnote. Article 145 as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication).Article 146. Cruel, inhuman or degrading treatment, torture
1. Cruel, inhuman or degrading treatment, that is, intentional infliction of physical and (or) mental suffering by an official or a person acting in an official capacity, or by another person with their instigation or with their knowledge or tacit consent, in the absence of signs of torture, -
shall be punishable by a fine in the amount of up to 2,000 monthly calculation indices, or by corrective labor in the same amount, or by community service for up to 600 hours, or by restraint of liberty for a term of up to two years, or by deprivation of liberty for the same term, with deprivation of the right to hold certain positions or engage in certain activities for up to two years or without it.
2. Torture, that is, deliberate infliction of physical and (or) mental suffering by an official or a person acting in an official capacity, or by another person with their instigation or with their knowledge or tacit consent, committed in order to obtain information from the person being tortured or another person or confession or punish him for an action that he or another person has committed or of which he is suspected, as well as to intimidate or coerce him or a third person, or for any reason based on discrimination of any nature, –
shall be punishable by a fine in the amount of up to five thousand monthly calculation indices, or correctional labor in the same amount, or restraint of liberty for a term up to six years, or imprisonment for the same term, with deprivation of the right to hold certain positions or engage in certain activities for a term up to three years. .
3. Actions envisaged by the first or second parts of this article, committed:
1) by a group of persons or a group of persons in collusion;
2) repeatedly;
3) with the infliction of moderate harm to health;
4) in respect of a woman who is known to the perpetrator to be pregnant, or a minor, –
shall be punishable by imprisonment for a term of four to ten years, with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years.
4. Acts provided for by the first, second or third parts of this article, which have resulted in the infliction of grievous bodily harm or through negligence in the death of the victim, -
shall be punishable by imprisonment for a term of seven to twelve years, with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years.
Notes.
1. Physical and (or) mental suffering caused as a result of lawful actions of officials and persons acting in an official capacity or other persons shall not be recognized as cruel, inhuman or degrading treatment and torture.
2. Person acting in an official capacity - a person who does not fall under the definitions of an official or representative of authority used in this Code, who is vested with administrative powers in relation to a person who is kept, undergoing treatment, studying or educated on a permanent, temporary or periodic basis in an organization with which a person has an employment relationship, including: an employee of an educational, educational, medical, medical and social institution (organization), a teacher, an instructor, a medical worker, as well as employees under a contract.
Footnote. Article 146 - as amended by the Law of the Republic of Kazakhstan dated 17.03.2023 № 212-VII (shall be enforced sixty calendar days after the date of its first official publication).Article 147. Violation of integrity of private life and the legislation of the Republic of Kazakhstan on personal data and their protection
1. Non-compliance with measures for protection of personal data by a person, to whom an obligations of taking such measures is imposed, if this action has caused significant harm to the rights and legitimate interests of persons, -
shall be punished by a fine in the amount of up to three thousand monthly calculation indices or corrective labors in the same amount, or community services for a term of up to six hundred hours, or restriction of liberty for a term of up to two years, or deprivation of liberty for the same term with deprivation of the right to hold certain positions or engage in certain activity for a term of up to three years or without it.
2. Illegal collection of information about the private life of a person constituting his personal or family secret, without his consent, or causing significant harm to the rights and legitimate interests of a person as a result of illegal collection and (or) processing (except for dissemination) of other personal data -
shall be punished by a fine in the amount of up to five thousand monthly calculation indices or corrective labors in the same amount, or community services for a term of up to eight hundred hours, or restriction of liberty for a term of up to three years, or deprivation of liberty for the same term.
3. The actions provided for by paragraph two of this article, committed by a person using his official position or special technical means intended to secretly obtain information, or through illegal access to electronic information resources, an information system or illegal interception of information transmitted over a telecommunications network, or in order to obtain benefits and advantages for oneself or for other persons or organizations, also in relation to a person or his relatives in connection with the performance of official activities by this person or performance of professional or public duty in order to prevent such activities or out of revenge for it -
shall be punished by deprivation of liberty for a term of up to five years with deprivation of the right to hold certain positions or engage in certain activity for a term of two to five years or without it.
4. Dissemination of information about the private life of a person constituting his personal or family secret, without his consent, or causing significant harm to the rights and legitimate interests of a person as a result of illegal dissemination of other personal data -
shall be punishable by imprisonment for a term of three to six years.
5. Commitment of acts, provided for in part four of this article, in a public speech, publicly displayed work, in mass media, telecommunications networks or online platforms, as well as against a person or his/her relatives, in connection with the performance of his/her official activity or professional or public duty, with the aim of obstructing such activity or out of revenge for it –
shall be punishable by imprisonment for a term of three to seven years.
Footnote. Article 147 is in the wording of the Law of the Republic of Kazakhstan dated 24.11.2015 № 419-V (shall be enforced from 01.01.2016); as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 11.07.2022 № 136-VII (shall be enforced sixty calendar days after the date of its first official publication); dated 19.06.2024 № 94-VIII (shall be enforced upon expiry of sixty calendar days after its first official publication).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 a fine in the amount of up to two thousand monthly calculation indices or corrective labors in the same amount, or community services for a term of up to six hundred hours, or restriction of liberty for a term of up to two years, or deprivation of liberty for the same term.
2. The same action, committed by a person with the use of his (her) official position or special technical means intended for secret receipt of information, or by illegal access to electronic information resources, information system or illegal interception of information, transmitted through telecommunications 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.
Footnote. Article 148 as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication).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 a fine in the amount of up to two hundred monthly calculation indices or corrective labors in the same amount, or community services for a term of up to two hundred hours, or arrest for a term of up to fifty 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 a fine in the amount of up to two thousand monthly calculation indices or corrective labors in the same amount, or community services for a term of up to six hundred hours, or restriction of liberty for a term of up to two years, or deprivation of liberty 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 a fine in the amount of up to three thousand monthly calculation indices or corrective labors in the same amount, or community services for a term of up to eight hundred hours, or restriction of liberty for a term of up to three years, or deprivation of liberty for the same term, with deprivation of the right to hold certain positions or engage in certain activity for a term of up to five years.
Footnote. Article 149 as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication).Article 150. Interfering with implementation of election rights or the work of election commissions
1. Obstructing the free exercise by a citizen of his electoral rights or the right to participate in a referendum, -
shall be punished by a fine in the amount of up to one hundred monthly calculation indices or correctional labor in the same amount, or involvement in community service for up to one hundred and twenty hours.
1-1. Illegal interference in the work of election commissions or referendum commissions and obstruction of voting, performance of duties related to the registration of a candidate, party lists, counting of votes and determination of voting results in elections or a referendum, -
shall be punishable by a fine in the amount of up to one hundred monthly calculation indices, or by corrective labor in the same amount, or by community service for a term of up to one hundred and twenty hours.
2. The acts provided for by parts one and 1-1 of this article:
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.
Footnote. Article 150 as amended by the Law of the Republic of Kazakhstan dated 19.12.2020 № 384-VI (shall be enforced upon expiry of ten calendar days after the day of its first official publication).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 a term of up to one hundred sixty hours or arrest for a term of up to forty days, with deprivation of the right to hold certain positions or engage in certain activity for a term of up to one year or without it.
2. Groundless refusal to conclude an employment contract with a woman or groundless termination of an employment contract with her due to her pregnancy, or groundless refusal to conclude an employment contract, or groundless termination of an employment contract with a woman who has children under three years old, for these reasons, as well as groundless refusal to conclude an employment contract or groundless termination of an employment contract with a disabled person on the grounds of disability or a minor on the grounds of his minority –
shall be punished by a fine in the amount of up to two hundred monthly calculation indices or corrective labors in the same amount, or community services for up to two hundred hours, or arrest for up to fifty days, with deprivation of the right to hold certain positions or engage in certain activity for up to one year 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 a fine in the amount of up to two hundred monthly calculation indices or corrective labors in the same amount, or community services for up to two hundred hours, or arrest for up to fifty days, with deprivation of the right to hold certain positions or engage in certain activity for up to three years or without it..
Footnote. Article 152 as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 27.06.2022 № 129-VII (shall be enforced ten calendar days after the date of its first official publication).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 a fine in the amount of up to two thousand monthly calculation indices or corrective labors in the same amount, or community services for a term of up to six hundred hours, or restriction of liberty for a term of up to two years, or deprivation of liberty for the same term, with deprivation of the right to hold certain positions or engage in certain activity for a 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 a fine in the amount of up to five thousand monthly calculation indices or corrective labors in the same amount, or community services for a term of up to one thousand two hundred hours, or restriction of liberty for a term of two to five years, or deprivation of liberty for the same term, with deprivation of the right to hold certain positions or engage in certain activity for a term of up to three years.
Footnote. Article 153 as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication).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 a fine in the amount of up to one hundred and sixty monthly calculation indices or corrective labors in the same amount, or community services for up to one hundred and sixty hours, or arrest for up to forty days, with deprivation of the right to hold certain positions or engage in certain activity for up to three years.
Footnote. Article 154 as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication).Article 155. Obstruction of organizing, holding or participating in a peaceful assembly
Footnote. The heading of Article 155 is as amended by the Law of the Republic of Kazakhstan dated 25.05.2020 № 334-VI (shall be enforced upon expiry of ten calendar days after the day of its first official publication).
1. Illegal obstruction of the organization, holding of a peaceful assembly, other lawful public events or participation in them, or coercion to participate in them, -
shall be punishable by a fine in the amount of up to 200 monthly calculation indices, or by corrective labor in the same amount, or by community service for a term of up to 180 hours, or by arrest for a term of up to 50 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.
Footnote. Article 155 as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 25.05.2020 № 334-VI (shall be enforced upon expiry of ten calendar days after the day of its first official publication).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 a fine in the amount of up to one hundred and sixty monthly calculation indices or corrective labors in the same amount, or community services for a term of up to one hundred and sixty hours, or arrest for a term of up to forty days.
2. The same action, entailed infliction of grievous harm to health by negligence, -
shall be punished by a fine in the amount of up to two hundred monthly calculation indices or corrective labors in the same amount, or community services for up to two hundred hours, or arrest for up to fifty days, with deprivation of the right to hold certain positions or engage in certain activity for 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.
Footnote. Article 156 as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication).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 a fine in the amount of up to eighty monthly calculation indices or corrective labors in the same amount, or community services for a term of up to eighty hours.
Footnote. Article 159 as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication).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 punishable by imprisonment for a term of fifteen to twenty years or life imprisonment with or without deprivation of citizenship of the Republic of Kazakhstan.
Footnote. Article 160 as amended by the Law of the Republic of Kazakhstan dated 11.07.2017 № 91-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 29.12.2021 № 89-VII (effective ten calendar days after the date of its first official publication).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 act, commited through the use of mass media, telecommunications networks, or online platforms, or an official, holding a responsible public 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.
Footnote. Article 161 as amended by the Law of the Republic of Kazakhstan dated 19.06.2024 № 94-VIII (shall be enforced upon expiry of sixty calendar days after its first official publication).Article 162. Manufacture, purchase or sale of weapons of mass destruction
Footnote. The heading of Article 162 as amended by the Law of the Republic of Kazakhstan dated 28.12.2022 № 173-VII (shall be enforced sixty calendar days after the date of its first official publication).
Production, acquisition or sale of chemical, biological, nuclear, as well as other types of weapons of mass destruction prohibited by an international treaty of the Republic of Kazakhstan –
shall be punished by imprisonment for the term of five to ten years.
Footnote. Article 162 as amended by the Law of the Republic of Kazakhstan dated 28.12.2022 № 173-VII (shall be enforced sixty calendar days after the date of its first official publication).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 deprivation of liberty for a term of ten to fifteen years with deprivation of citizenship of the Republic of Kazakhstan or without it.
2.The use of weapons of mass destruction prohibited by an international treaty of the Republic of Kazakhstan,-
shall be punishable by imprisonment for a term of fifteen to twenty years or life imprisonment with or without deprivation of citizenship of the Republic of Kazakhstan.
Footnote. Article 163 as amended by the Law of the Republic of Kazakhstan dated 11.07.2017 № 91-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 29.12.2021 № 89-VII (effective ten calendar days after the date of its first official publication); dated 28.12.2022 № 173-VII (shall be enforced sixty calendar days after the date of its first official publication).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 punishable by imprisonment for a term of fifteen to twenty years or life imprisonment with or without deprivation of citizenship of the Republic of Kazakhstan.
Footnote. Article 164 as amended by the Law of the Republic of Kazakhstan dated 11.07.2017 № 91-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 29.12.2021 № 89-VII (effective ten calendar days after the date of its first official publication).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
The deliberate use, contrary to international treaties, during military operations of the emblems of the Red Cross, Red Crescent, Red Crystal or security signs for cultural property, or other signs protected by international law, or the use of the national flag or state distinctions of an enemy, neutral State, flag or sign of an international organization –
shall be punished by imprisonment for a 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 deprivation of liberty for a term of fifteen to twenty years or life deprivation of liberty with deprivation of citizenship of the Republic of Kazakhstan or without it.
2. The same actions, committed in wartime, -
shall be punishable by imprisonment for a term of fifteen to twenty years or life imprisonment with or without deprivation of citizenship of the Republic of Kazakhstan.
Footnote. Article 168 as amended by the Law of the Republic of Kazakhstan dated 11.07.2017 № 91-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 29.12.2021 № 89-VII (effective ten calendar days after the date of its first official publication).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 deprivation of liberty for a term of ten to fifteen years with deprivation of citizenship of the Republic of Kazakhstan or without it.
Footnote. Article 169 as amended by the Law of the Republic of Kazakhstan dated 11.07.2017 № 91-VI (shall be enforced upon expiry of ten calendar days after its first official publication).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 deprivation of liberty for a term of seven to twelve years with confiscation of property.
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 deprivation of liberty for a term of twelve to seventeen years with confiscation of property, deprivation of citizenship of the Republic of Kazakhstan 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 punishable by imprisonment for a term of seven to ten years, with or without property confiscation.
4. An action, provided by third part of this Article, entailed the death of people or other grave consequences, -
shall be punishable by imprisonment for a term of fifteen to twenty years or life imprisonment with or without deprivation of citizenship of the Republic of Kazakhstan.
Footnote. Article 170 as amended by the Laws of the Republic of Kazakhstan dated 22.12.2016 № 28-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 11.07.2017 № 91-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 29.12.2021 № 89-VII (effective ten calendar days after the date of its first official publication); dated 01.07.2022 № 131-VII (shall be enforced sixty calendar days after the date of its first official publication).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 deprivation of liberty for a term of seven to twelve years with confiscation of property.
Footnote. Article 171 as amended by the Law of the Republic of Kazakhstan dated 22.12.2016 № 28-VI (shall be enforced upon expiry of ten calendar days after its first official publication).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 deprivation of liberty for a term of five to nine years.
Footnote. Article 172 as amended by the Law of the Republic of Kazakhstan dated 22.12.2016 № 28-VI (shall be enforced upon expiry of ten calendar days after its first official publication).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 deprivation of liberty for a term of ten to fifteen years with confiscation of property, deprivation of citizenship of the Republic of Kazakhstan 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 deprivation of liberty for a term of fifteen to twenty years with confiscation of property, deprivation of citizenship of the Republic of Kazakhstan or without it.
Footnote. Article 173 as amended by the Laws of the Republic of Kazakhstan dated 22.12.2016 № 28-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 11.07.2017 № 91-VI (shall be enforced upon expiry of ten calendar days after its first official publication).Article 174. Inciting social, national, tribal, racial, class or religious hatred
Footnote. The heading of Article 174 as amended by the Law of the Republic of Kazakhstan dated 26.06.2020 № 349-VI (shall be enforced upon expiry of ten calendar days after the day of its first official publication).
1. Deliberate actions aimed at inciting social, national, tribal, racial, class or religious discord, insulting national honor and dignity or religious feelings of citizens, as well as propaganda of exclusivity, superiority or inferiority of citizens on the basis of their attitude to religion, class, national, tribal or racial affiliation, if these acts were committed in public or through the use of mass media, telecommunications networks and online platforms, as well as through the production or distribution of literature or other media, propagandizing social, national, tribal, racial, class or religious discord, –
are punishable by a fine in the amount of two thousand to seven thousand monthly calculation indices or by restriction of liberty for a period of two to seven years, or imprisonment for the same period.
2. The same actions, committed by a group of persons, a group of persons by prior agreement or repeatedly or connected with violence or the threat of its use, as well as committed by a person with the use of his (her) official position or by the leader of a public association, including with the use of funds received from foreign sources, -
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.
Footnote. Article 174 as amended by the Law of the Republic of Kazakhstan dated 26.07.2016 № 12-VI (shall be enforced upon expiry of two months after its first official publication); dated 26.06.2020 № 349-VI (shall be enforced upon expiry of ten calendar days after the day of its first official publication); dated 10.07.2023 № 19-VIII (effective sixty calendar days after the date of its first official publication); dated 19.06.2024 № 94-VIII (shall be enforced upon expiry of sixty calendar days after its first official publication). 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 deprivation of liberty for a term of ten to fifteen years with deprivation of citizenship of the Republic of Kazakhstan or without it.
2. The same actions, committed in battle situation, -
shall be punished by deprivation of liberty for a term of fifteen to twenty years or life deprivation of liberty with deprivation of citizenship of the Republic of Kazakhstan or without it.
3. The actions, provided by first part, committed in wartime, -
shall be punishable by imprisonment for a term of fifteen to twenty years or life imprisonment with or without deprivation of citizenship of the Republic of Kazakhstan.
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.
Footnote. Article 175 as amended by the Law of the Republic of Kazakhstan dated 11.07.2017 № 91-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 29.12.2021 № 89-VII (effective ten calendar days after the date of its first official publication).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. Encroachment on the life of the First President of the Republic of Kazakhstan – Leader of the Nation
Encroachment on the 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 punishable by imprisonment for a term of fifteen to twenty years or life imprisonment with or without deprivation of citizenship of the Republic of Kazakhstan.
Footnote. Article 177 as amended by the Law of the Republic of Kazakhstan dated 11.07.2017 № 91-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 29.12.2021 № 89-VII (effective ten calendar days after the date of its first official publication).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 punishable by imprisonment for a term of fifteen to twenty years or life imprisonment with or without deprivation of citizenship of the Republic of Kazakhstan.
Footnote. Article 178 as amended by the Law of the Republic of Kazakhstan dated 11.07.2017 № 91-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 29.12.2021 № 89-VII (effective ten calendar days after the date of its first official publication).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 a person using his or her official position or by the leader of a public association, or through the use of mass media, telecommunications networks or online platforms, or by a group of persons or a group of persons by prior agreement, including with the use of funds received from foreign sources, –
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 deprivation of liberty for a term of twelve to seventeen years with deprivation of citizenship of the Republic of Kazakhstan or without it.
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.
Footnote. Article 179 as amended by the Laws of the Republic of Kazakhstan dated 26.07.2016 № 12-VI (shall be enforced upon expiry of two months after its first official publication); dated 22.12.2016 № 28-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 11.07.2017 № 91-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 19.06.2024 № 94-VIII (shall be enforced upon expiry of sixty calendar days after its first official publication).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 a person using his or her official position or by the leader of a public association, or through the use of mass media, telecommunications networks or online platforms, or by a group of persons or a group of persons by prior agreement, including with the use of funds received from foreign sources, –
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 deprivation of liberty for a term of ten to fifteen years with deprivation of citizenship of the Republic of Kazakhstan or without it.
Footnote. Article 180 as amended by the Laws of the Republic of Kazakhstan dated 26.07.2016 № 12-VI (shall be enforced upon expiry of two months after its first official publication); dated 11.07.2017 № 91-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 19.06.2024 № 94-VIII (shall be enforced upon expiry of sixty calendar days after its first official publication).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 deprivation of liberty for a term of twelve to twenty years with deprivation of citizenship of the Republic of Kazakhstan or without it.
2. Participation in the armed rebellion –
shall be punished by deprivation of liberty for a term of twelve to seventeen years with deprivation of citizenship of the Republic of Kazakhstan or without it.
Footnote. Article 181 as amended by the Laws of the Republic of Kazakhstan dated 22.12.2016 № 28-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 11.07.2017 № 91-VI (shall be enforced upon expiry of ten calendar days after its first official publication).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 deprivation of liberty for a term of ten to seventeen years with confiscation of property.
2. Participation in activity of extremist group or crimes, committed by it –
shall be punished by deprivation of liberty for a 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 or leader of public association, -
shall be punished by deprivation of liberty for a term of twelve to seventeen years with confiscation of property, deprivation of the right to hold certain positions or engage in certain activity for a term of up to five years, deprivation of citizenship of the Republic of Kazakhstan or without it.
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.
Footnote. Article 182 as amended by the Laws of the Republic of Kazakhstan dated 22.12.2016 № 28-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 11.07.2017 № 91-VI (shall be enforced upon expiry of ten calendar days after its first official publication).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 a fine of up to two hundred monthly calculation indices, or corrective labors for the same amount, or community services for a term of up to two hundred hours, or by arrest for a term up to fifty days, with deprivation of the right to hold certain positions or engage in certain activity for a term up to two years or without it.
Footnote. Article 183 as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication).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 punishable by imprisonment for a term of fifteen to twenty years or life imprisonment with or without deprivation of citizenship of the Republic of Kazakhstan.
Footnote. Article 184 as amended by the Laws of the Republic of Kazakhstan dated 22.12.2016 № 28-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 11.07.2017 № 91-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 29.12.2021 № 89-VII (effective ten calendar days after the date of its first official publication).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 a fine in the amount of up to two hundred monthly calculation indices with deprivation of the right to hold certain positions or engage in certain activity for a 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.
Footnote. Article 186 as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication).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 a fine in the amount of up to eighty monthly calculation indices or corrective labors in the same amount, or community services for a term of up to eighty hours, or arrest for a term of up to twenty days.
2. Petty stealing, committed repeatedly, -
shall be punished by a fine in the amount of up to two hundred monthly calculation indices or corrective labors in the same amount, or community services for a term of up to two hundred hours, or arrest for a term of up to fifty days.
Footnote. Article 186 as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication).Article 188. Theft
1. Theft, in other words covert theft of other property, -
shall be punished by a fine in the amount of up to one thousand monthly calculation indices or corrective labors in the same amount, or community services for a term of up to eight hundred hours, or restriction of liberty for a term of up to three years, or deprivation of liberty for the same term, with confiscation of property or without it .
2. Theft, committed:
1) by group of persons on previous concert;
2) is excluded by the Law of the Republic of Kazakhstan dated 21.01.2019 № 217-VI (shall be enforced upon expiry of ten calendar days after its first official publication);3) is excluded by Law№ 292-VІ of the Republic of Kazakhstan as of 27.12.2019 (the enforcement procedure is in Art.2);
4) by illegal access to the information system or change of information, transmitted through telecommunications networks, –
shall be punished by a fine in the amount of up to three thousand monthly calculation indices or corrective labors in the same amount, or community services for a term of up to one thousand two hundred hours, or restriction of liberty for a term of up to five years, or deprivation of liberty for the same term, with confiscation of property.
3. A theft committed:
1) on a large scale;
2) repeatedly;
3) with unlawful entry into a residential, office or industrial premises, storage or vehicle -
shall be punished with restriction of liberty for a term of two to seven years or with imprisonment for the same term, with confiscation of property.
4. A theft committed:
1) by a criminal group;
2) from an oil and gas pipeline;
3) on an especially large scale –
shall be punished with imprisonment for a term of five to ten years with confiscation of property.
Footnote. Article 188 as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 21.01.2019 № 217-VI (shall be enforced upon expiry of ten calendar days after its first official publication); № 292-VІ as of 27.12.2019 (the enforcement procedure is in Art.2).1. Cattle raiding, i.e. the stealing of cattle of another, –
shall be punished with a fine worth up to three thousand monthly calculation indices, or with corrective labor in the same amount, or restriction of liberty for a term of up to five years, or imprisonment for the same term, with confiscation of property.
2. Cattle raiding committed:
1) by a group of persons by previous concert;
2) on a large scale –
shall be punished with imprisonment for a term of three to seven years with confiscation of property.
3. Cattle raiding committed:
1) repeatedly;
2) with penetration into the courtyard of residential premises, enterprise, organization, institution, stockyard, stock pen or another storage –
shall be punished with imprisonment for a term of five to ten years with confiscation of property.
4. Cattle raiding committed:
1) by a criminal group;
2) on an especially large scale –
shall be punished with imprisonment for a term of seven to twelve years with confiscation of property.
Note. The cattle in this article means:
cattle;
horses and donkeys;
camels;
small cattle;
pigs.
Footnote. Chapter 6 is supplemented with Article 188-1 in accordance with Law № 292-VІ of the Republic of Kazakhstan as of 27.12.2019 (the enforcement procedure is in Art.2).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 a fine in the amount of up to one thousand monthly calculation indices or corrective labors in the same amount, or community services for a term of up to eight hundred hours, or restriction of liberty for a term of up to three years, or deprivation of life for the same term, with confiscation of property or without it.
2. The same action, committed:
1) by group persons on previous concert;
2) is excluded by the Law of the Republic of Kazakhstan dated 21.01.2019 № 217-VI (shall be enforced upon expiry of ten calendar days after its first official publication);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 shall be punished by a fine of up to three thousand monthly calculation indices, or corrective labors for the same amount, or community services for a term of up to one thousand hours, or by restriction of liberty for a term not exceeding four years, or deprivation of liberty for the same term, with confiscation of property, with deprivation of the right to hold certain positions or engage in certain activity for a term 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, -
3) repeatedly, –
shall be punishable by restraint of liberty for a term of two to seven years, or imprisonment for the same term, with property confiscation, with or without deprivation of the right to hold certain positions or engage in certain activities for a term of up to six years, and in the cases provided for in paragraph 2), - a fine from ten to twenty times of the stolen property amount or imprisonment for a term of two to seven years, with confiscation of property, with lifelong deprivation of the right to hold certain positions or engage in certain activities.
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 a term of seven to twelve years with confiscation of property, with or without deprivation of the right to hold certain positions or engage in certain activities for a term of up to ten years, and in the cases provided for in paragraph 2) of part three of this article, with lifelong deprivation of the right to hold certain positions or engage in certain activities.
Footnote. Article 189 as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 21.01.2019 № 217-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 03.01.2023 № 188-VII (shall be enforced sixty calendar days after the date of its first official publication).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 a fine in the amount of up to one thousand monthly calculation indices or corrective labors in the same amount, or community services for a term of up to six hundred hours, or restriction of liberty for a term of up to two years, or deprivation of liberty for the same term, with confiscation of property.
2. Fraud, committed:
1) by group of persons on previous concert;
2) is excluded by the Law of the Republic of Kazakhstan dated 21.01.2019 № 217-VI (shall be enforced upon expiry of ten calendar days after its first official publication);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 a fine in the amount of up to four thousand monthly calculation indices or corrective labors in the same amount, or community services for up to one thousand hours, or restriction of liberty for up to four years, or deprivation of liberty for the same term, with confiscation of property, with deprivation of the right to hold certain positions or engage in certain activity for 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,
4) repeatedly, -
shall be punishable by restraint of liberty for a term of three to seven years, or imprisonment for the same term, with confiscation of property, with or without deprivation of the right to hold certain positions or engage in certain activities for a term of up to six years, and in the cases provided for in paragraph 2), - a fine from ten to twenty times of the stolen property amount or imprisonment for a term of three to seven years, with confiscation of property, with lifelong deprivation of the right to hold certain positions or engage in certain activities.
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 a term of five to ten years with confiscation of property, with or without deprivation of the right to hold certain positions or engage in certain activities for a term of up to ten years, and in the cases provided for in paragraph 2) of part three of this article, with lifelong deprivation of the right to hold certain positions or engage in certain activities.
Footnote. Article 190 as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 21.01.2019 № 217-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 03.01.2023 № 188-VII (shall be enforced sixty calendar days after the date of its first official publication).Article 191. Robbery
1. Robbery, in other words theft of another’s property, -
shall be punished by a fine in the amount of up to two thousand monthly calculation indices or corrective labors in the same amount, or community services for a term of up to one thousand hours, or restriction of liberty for a term of up to four years, or deprivation of liberty 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) is excluded by Law № 292-VІ of the Republic of Kazakhstan as of 27.12.2019 (the enforcement procedure is in Art.2);3) by group of persons on previous concert;
4) is excluded by Law № 292-VІ of the Republic of Kazakhstan as of 27.12.2019 (the enforcement procedure is in Art.2);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:
1) on a large scale;
2) repeatedly;
3) with unlawful entry into residential, office, industrial premises or storage –
shall be punished with imprisonment for a 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.
Footnote. Article 191 as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication); № 292-VІ as of 27.12.2019 (the enforcement procedure is in Art.2).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) is excluded by Law № 292-VІ of the Republic of Kazakhstan as of 27.12.2019 (the enforcement procedure is in Art.2);3) is excluded by Law № 292-VІ of the Republic of Kazakhstan as of 27.12.2019 (the enforcement procedure is in Art.2);
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 the infliction of grievous bodily harm, resulting in the death of the victim through negligence;
2) for the purpose of theft of property on a large scale;
3) repeatedly;
4) with unlawful entry into residential, office, industrial premises or storage –
shall be punished with imprisonment for a 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.
Footnote. Article 192 is as amended by Law № 292-VІ of the Republic of Kazakhstan as of 27.12.2019 (the enforcement procedure is in Art.2).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 a fine in the amount of up to four thousand monthly calculation indices or corrective labors in the same amount, or community services for a term of up to one thousand hours, or restriction of liberty for a term of up to four years, or deprivation of liberty 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.
Footnote. Article 194 as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication).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 a fine in the amount of up to one hundred and sixty monthly calculation indices or corrective labors in the same amount, or community services for a term of up to one hundred and sixty hours, or arrest for a term of up to forty days.
2. The same action, committed repeatedly, -
shall be punished by a fine in the amount of up to two hundred monthly calculation indices or corrective labors in the same amount, or community services for a term of up to two hundred hours, or arrest for a term of up to fifty 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, transmitted through telecommunications networks, –
shall be punished by a fine in the amount of up to two thousand monthly calculation indices or corrective labors in the same amount, or community services for a term of up to six hundred hours, or restriction of liberty for a term of up to two years, or deprivation of liberty for the same term, with deprivation of the right to hold certain positions or engage in certain activity for a 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 restriction of liberty for a term of up to five years or by deprivation of liberty for the same term, with confiscation of property or without it, with deprivation of the right to hold certain positions or engage in certain activity for a term of up to three years or without it.
5. The acts provided for in parts one, two, three or four of this article, if they have caused particularly large damage, shall be
punishable by imprisonment for a term of five to ten years with confiscation of property, with deprivation of the right to hold certain positions or engage in certain activities for a period of up to ten years or without it, and in cases provided for in paragraph 2) of part three of this article, – with lifelong deprivation of the right to hold certain positions or engage in certain activities.
Footnote. Article 195 as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 12.07.2023 № 23-VIII (effective sixty calendar days after the date of its first official publication).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 punishable by a fine in the amount of up to one hundred and sixty monthly calculation indices, or by corrective labor in the same amount, or by community service for a term of up to one hundred and sixty hours, or by arrest for a term of up to forty days, with or without confiscation of property, with property confiscation or without it.
2. The same actions, committed repeatedly, -
shall be punishable by a fine in the amount of up to two hundred monthly calculation indices, or by corrective labor in the same amount, or by community service for a term of up to two hundred hours, or by arrest for a term of up to fifty days, with or without confiscation of property.
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 a fine in the amount of up to four thousand monthly calculation indices or corrective labors in the same amount, or community services for a term of up to one thousand hours, or restriction of liberty for a term of up to four years, or deprivation of liberty 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 restriction of liberty for a term of up to five years or by deprivation of liberty for the same term, with confiscation of property or without it, with deprivation of the right to hold certain positions or engage in certain activity for a term of up to three years or without it.
Footnote. Article 196 as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 01.07.2022 № 131-VII (shall be enforced sixty calendar days after the date of its first official publication).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 a fine in the amount of up to one hundred and sixty monthly calculation indices or corrective labors in the same amount, or community services for a term of up to one hundred and sixty hours, or arrest for a term of up to forty days.
2. The same actions, committed repeatedly, -
shall be punished by a fine in the amount of up to two hundred monthly calculation indices or corrective labors in the same amount, or community services for a term of up to two hundred hours, or arrest for a term of up to fifty days.
3. The actions, provided by first or second parts of this Article, committed on a large scale, -
shall be punished by a fine in the amount of up to three thousand monthly calculation indices or corrective labors in the same amount, or community services for a term of up to eight hundred hours, or restriction of liberty for a term of up to three years, or deprivation of liberty 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.
Footnote. Article 197 as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication).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 a fine in the amount of up to eighty monthly calculation indices or corrective labors in the same amount, or community services for a term of up to eighty 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 a fine in the amount of up to one hundred and sixty monthly calculation indices or corrective labors in the same amount, or community services for a term of up to one hundred and sixty hours, or arrest for a term of up to forty 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 a fine in the amount of up to five thousand monthly calculation indices or corrective labors in the same amount, or community services for a term of up to one thousand two hundred hours, or restriction of liberty for a term of up to five years, or deprivation of liberty for the same term, with deprivation of the right to hold certain positions or engage in certain activity for a 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 restriction of liberty for a term of three to six years or by deprivation of liberty for the same term.
Footnote. Article 198 as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication).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 a fine in the amount of up to eighty monthly calculation indices or corrective labors in the same amount, or community services for a term of up to eighty hours.
2. The same actions, if they arecommitted 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 a fine in the amount of up to one hundred and sixty monthly calculation indices or corrective labors in the same amount, or community services for a term of up to one hundred and sixty hours, or arrest for a term of up to forty 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 a fine in the amount of up to five thousand monthly calculation indices or corrective labors in the same amount, or community services for a term of up to one thousand two hundred hours, or restriction of liberty for a term of up to five years, or deprivation of liberty for the same term, with deprivation of the right to hold certain positions or engage in certain activity for a 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 restriction of liberty for a term of three to six years or by deprivation of liberty for the same term.
Footnote. Article 199 as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication).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 a fine in the amount of up to one thousand monthly calculation indices or corrective labors in the same amount, or community services for a term of up to six hundred hours, or restriction of liberty for a term of up to two years, or deprivation of liberty 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 a fine in the amount of up to three thousand monthly calculation indices or corrective labors in the same amount, or community services for a term of up to one thousand two hundred hours, or restriction of liberty for a term of up to five years, or deprivation of liberty 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.
Footnote. Article 200 as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication).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 a fine in the amount of up to two thousand monthly calculation indices or corrective labors in the same amount, or community services for a term of up to six hundred hours, or restriction of liberty for a term of up to two years, or deprivation of liberty 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 a fine in the amount of up to three thousand monthly calculation indices or corrective labors in the same amount, or community services for a term of up to eight hundred hours, or restriction of liberty for a term of up to three years, or deprivation of liberty for the same term, with deprivation of the right to hold certain positions or engage in certain activity for a term of up to three years.
Footnote. Article 201 as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication).Article 202. Intentional destruction or damaging of another’s property
1. Intentional destruction or damaging of another’s property, inflicted significant damage, -
shall be punishable by a fine in the amount of five hundred to two thousand monthly calculation indices, or correctional labor in the same amount, or community service for a term of three hundred to six hundred hours, or restriction of liberty for a 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;
6) committed by a group of persons, a group of persons by prior conspiracy;
7) committed repeatedly, -
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 acts stipulated by parts one or two of this article:
1) resulting in the death of a person through negligence;
2) resulting in especially large-scale damage;
3) committed by a criminal group, -
shall be punished by imprisonment for the term of five to ten years.
Footnote. Article 202 as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 05.07.2024 № 111-VIII (effective sixty calendar days after the date of its first official publication).Article 203. Intentional destruction, export of or damage to special value items
Footnote. The heading of Article 203 is as amended by Law № 292-VІ of the Republic of Kazakhstan as of 27.12.2019 (the enforcement procedure is in Art.2).
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.
1-1. Illegal export of cultural valuables and items of national cultural property from the Republic of Kazakhstan or a failure to return them in the Republic of Kazakhstan -
shall be punished with imprisonment for a term of three to seven years.
2. The act provided for by part one of this article:
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;
4) committed by a group of persons, a group of persons by prior conspiracy;
5) committed repeatedly, -
shall be punished by imprisonment for the term of five to ten years.
3. Acts stipulated by parts one or two of this article, which have caused the death of a person by negligence, as well as committed by a criminal group,-
shall be punished by imprisonment for the term of seven to twelve years.
Footnote. Article 203 is as amended by Law № 292-VІІ of the Republic of Kazakhstan as of 27.12.2019 (the enforcement procedure is in Art.2); dated 05.07.2024 № 111-VIII (effective sixty calendar days after the date of its first official publication).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 a fine in the amount of up to eighty monthly calculation indices or corrective labors in the same amount, or community services for a term of up to eighty hours, or arrest for a term of up to twenty 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 a fine in the amount of up to two thousand monthly calculation indices or corrective labors in the same amount, or community services for a term of up to six hundred hours, or restriction of liberty for a term of up to two years, or deprivation of liberty for the same term.
Footnote. Article 204 as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication). Chapter 7. CRIMINAL INFRACTION IN THE SCOPE OF
INFORMATIZATION AND COMMUNICATION
Article 205. Illegal access to information, in the information system or telecommunications 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 a fine in the amount of up to one hundred and sixty monthly calculation indices or corrective labors in the same amount, or community services for a term of up to one hundred and sixty hours, or arrest for a term of up to forty days, with deprivation of the right to hold certain positions or engage in certain activity for a term of up to two years or without it.
2. The same action, committed against critically important objects of information and communication infrastructure, –
shall be punished by a fine of up to two hundred monthly calculation indices, or corrective labors for the same amount, or by community services for a term of up to two hundred hours, or by arrest for a term up to fifty days, with deprivation of the right to hold certain positions or engage in certain activity for a term 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 a fine in the amount of up to two thousand monthly calculation indices or corrective labors in the same amount, or community services for a term of up to six hundred hours, or restriction of liberty for a term of up to two years, or deprivation of liberty for the same term, with deprivation of the right to hold certain positions or engage in certain activity for a term of up to three years or without it.
Footnote. Article 205 as amended by the Laws of the Republic of Kazakhstan dated 28.12.2017 № 128-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication).Article 206. Illegal destruction or modification of information
1. Intentional illegal destruction or modification of information, protected by the Law, stored on an electronic medium, contained in the information system or transmitted through telecommunications networks, as well as entry into the information system of knowingly false information, if it entailed substantial violation of rights and legitimate interests of citizens or organizations or interests of society or the state, protected by the Law, –
shall be punished by a fine of up to two hundred monthly calculation indices, or corrective labors for the same amount, or by community services for a term of up to two hundred hours, or by arrest for a term up to fifty days, with deprivation of the right to hold certain positions or engage in certain activity for a term up to two years or without it.
2. The same actions, committed:
1) in respect of critically important objects of information and communications infrastructure;
2) by group of persons on previous concert,-
shall be punished by a fine in the amount of up to two thousand monthly calculation indices or corrective labors in the same amount, or community services for a term of up to six hundred hours, or restriction of liberty for a term of up to two years, or deprivation of liberty for the same term, with deprivation of the right to hold certain positions or engage in certain activity for a 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.
Footnote. Article 206 as amended by the Laws of the Republic of Kazakhstan dated 28.12.2017 № 128-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication).Article 207. Disfunction of work of the information system or telecommunications networks
1. Intentional actions (inaction) aimed at disfunction of the information system or telecommunications networks, –
shall be punished by a fine in the amount of up to two thousand monthly calculation indices or corrective labors in the same amount, or community services for a term of up to six hundred hours, or restriction of liberty for a term of up to two years, or deprivation of liberty for the same term, with deprivation of the right to hold certain positions or engage in certain activity for a term of up to two years or without it.
2. The same actions, committed:
1) in respect of critically important objects of information and communication infrastructure;
2) by group of persons on previous concert,-
shall be punished by a fine in the amount of up to four thousand monthly calculation indices or corrective labors in the same amount, or community services for a term of up to one thousand hours, or restriction of liberty for a term of up to four years, or deprivation of liberty for the same term, with deprivation of the right to hold certain positions or engage in certain activity for a 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.
Footnote. Article 207 as amended by the Laws of the Republic of Kazakhstan dated 28.12.2017 № 128-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication).Article 208. Misappropriation of information
1. Intentional illegal copying or other illegal acquisition of information, protected by the Law, stored on an electronic medium, contained in the information system or transmitted through telecommunications networks, if it entailed substantial violation of rights and legitimate interests of citizens or organizations or interests of society or the state, protected by the Law, –
shall be punished by a fine in the amount of up to two hundred monthly calculation indices or corrective labors in the same amount, or community services for a term of up to one hundred and eighty hours, or arrest for a term of up to fifty days, with deprivation of the right to hold certain positions or engage in certain activity for a term of up to two years or without it.
2. The same action, committed:
1) in respect of critically important objects of information and communication infrastructure;
2) by group of persons on previous concert,-
shall be punished by a fine in the amount of up to two thousand monthly calculation indices or corrective labors in the same amount, or community services for a term of up to six hundred hours, or restriction of liberty for a term of up to two years, or deprivation of liberty for the same term, with deprivation of the right to hold certain positions or engage in certain activity for a 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.
Footnote. Article 208 as amended by the Laws of the Republic of Kazakhstan dated 28.12.2017 № 128-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication).Article 209. Coercion to transmission of information
1. Coercion to transmission of information, protected by the Law, stored on electronic medium, contained in the information system or transmitted through telecommunications networks, under the threat of use of violence or destruction or damaging the property, as well as under the threat of dissemination of details, dishonoring the victim or his (her) relatives, or other details, disclosure of which may cause significant harm to the interests of the victim or his (her) relatives, –
shall be punished by a fine in the amount of up to two thousand monthly calculation indices or corrective labors in the same amount, or community services for a term of up to six hundred hours, or restriction of liberty for a term of up to two years, or deprivation of liberty for the same term, with deprivation of the right to hold certain positions or engage in certain activity for a 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 to obtain information from critically important objects of information and communication infrastructure, –
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.
Footnote. Article 209 as amended by the Laws of the Republic of Kazakhstan dated 28.12.2017 № 128-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication).Article 210. Creation, use or distribution of malicious computer programs and program products
1. Creation of a computer program, software product or introduction of modifications into existing program or software product for the purpose of illegal destruction, blocking, modification, copying, use of information, stored on an electronic medium, contained in the information system or transmitted through telecommunications networks, disfunction of work of computer, subscriber device, computer program, information system or telecommunications networks, as well as intentional use and (or) distribution of such program or software product –
shall be punished by a fine in the amount of up to three thousand monthly calculation indices or corrective labors in the same amount, or community services for a term of up to eight hundred hours, or restriction of liberty for a term of up to three years, or deprivation of liberty for the same term, with deprivation of the right to hold certain positions or engage in certain activity for a 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 respect of critically important objects of information and communication infrastructure, –
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.
Footnote. Article 210 as amended by the Laws of the Republic of Kazakhstan dated 28.12.2017 № 128-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication).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 a fine in the amount of up to two hundred monthly calculation indices or corrective labors in the same amount, or community services for a term of up to one hundred and eighty hours, or arrest for a term of up to fifty days, with deprivation of the right to hold certain positions or engage in certain activity for a 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 community services for a term of up to one thousand two hundred hours or by restriction of liberty for a term of up to five years, or by deprivation of liberty for the same term, with deprivation of the right to hold certain positions or engage in certain activity for a 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.
Footnote. Article 211 as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication).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 a fine in the amount of up to two thousand monthly calculation indices or corrective labors in the same amount, or community services for a term of up to six hundred hours, or restriction of liberty for a term of up to two years, or deprivation of liberty for the same term, with deprivation of the right to hold certain positions or engage in certain activity for a 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.
Footnote. Article 212 as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication).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 a fine in the amount of up to one hundred and sixty monthly calculation indices or corrective labors in the same amount, or community services for a term of up to one hundred and sixty hours, or arrest for a term of up to forty 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 a fine in the amount of up to two thousand monthly calculation indices or corrective labors in the same amount, or community services for a term of up to six hundred hours, or restriction of liberty for a term of up to two years, or deprivation of liberty 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.
Footnote. Article 212 as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication). Chapter 8. CRIMINAL INFRACTION IN THE SCOPE OF
ECONOMIC ACTIVITY
Article 214. Illegal entrepreneurial activity, illegal banking, microfinance or debt collection activities
Footnote. The title of Article 214 is in the wording of the Law of the Republic of Kazakhstan dated 06.05.2017 № 63-VI (shall be enforced upon expiry of twenty-one calendar days after its first official publication); as amended by Law № 262-VI of the Republic of Kazakhstan as of 03.07.2019 (shall be enforced from 01.01.2020).
1. Carrying out an entrepreneurial activity, banking activity (banking operations) or debt collection activity without registration, as well as without a license, which is mandatory for such activities, or with violation of the legislation of the Republic of Kazakhstan on permits and notifications, as well as engaging in prohibited types of entrepreneurial activities, if these acts caused large-scale damage to a citizen, organization or the state or are associated with deriving large-scale income or with manufacturing, storing, transferring or selling excise goods in significant amounts –
shall be punished by a fine in the amount of up to two thousand monthly calculation indices or corrective labors in the same amount, or community services for a term of up to six hundred hours, or restriction of liberty for a term of up to two years, or deprivation of liberty 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 a fine in the amount of up to five thousand monthly calculation indices or corrective labors in the same amount, or community services for a term of up to one thousand two hundred hours, or restriction of liberty for a term of up to five years, or deprivation of liberty for the same term, with confiscation of property.
Note. A person, committed for the first time the action, provided for in part 1 of this Article, shall be exempted from criminal responsibility in the event of voluntary compensation for the damage.
Footnote. Article 214 as amended by the Laws of the Republic of Kazakhstan dated 06.05.2017 № 63-VI (shall be enforced upon expiry of twenty-one calendar days after its first official publication); dated 03.07.2017 № 84-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication № 262-VI of the Republic of Kazakhstan as of 03.07.2019 (shall be enforced from 01.01.2020).Article 215. Pseudo-entrepreneurship
Footnote. Article 215 is excluded by the Law of the Republic of Kazakhstan dated 03.07.2017 № 84-VI (shall be enforced upon expiry of ten calendar days after its first official publication).
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 a fine in the amount of up to three thousand monthly calculation indices or corrective labors in the same amount, or community services for a term of up to eight hundred hours, or restriction of liberty for a term of up to three years, or deprivation of liberty 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) is excluded by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication);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) is excluded by the Law of the Republic of Kazakhstan dated 03.07.2017 № 84-VI (shall be enforced upon expiry of ten calendar days after its first official publication).shall be punished by a fine in the amount of up to five thousand monthly calculation indices or corrective labors in the same amount, or community services for a term of up to one thousand two hundred hours, or restriction of liberty for a term of up to five years, or deprivation of liberty for the same term, with confiscation of property, and in the cases provided for by paragraph 4), and with life deprivation of liberty of the right to hold certain positions or engage in certain activity.
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 deprivation of liberty for a term of up to seven years with confiscation of property, with life deprivation of the right to hold certain positions or engage in certain activity or without it.
Footnote. Article 216 as amended by the Laws of the Republic of Kazakhstan dated 03.07.2017 № 84-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication).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 punishable by a fine in the amount of one thousand to three thousand monthly calculation indices, or by community service for a term of up to one thousand two hundred hours, or by restraint of liberty for a term of up to five years, or by deprivation of liberty 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) involving money or other property or the right to it in a large size, –
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 the attraction of money, other property or the right to it in an especially large amount;
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 a term of five to twelve years, with confiscation of property, with deprivation of the right to hold certain positions or engage in certain activities for a term of up to seven years, and in the cases provided for in paragraph 3), with confiscation of property, with lifelong deprivation of the right to hold certain positions or engage in certain activities.
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.
Footnote. Article 217 as amended by the Laws of the Republic of Kazakhstan dated 03.07.2017 № 84-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 12.07.2022 № 139-VII (shall be enforced sixty calendar days after the date of its first official publication);Article 217-1. Advertising financial (investment) pyramid
1. Advertising of a financial (investment) pyramid scheme, i.e. personal and direct dissemination of information publicly or through the use of mass media, telecommunication networks or online platforms, which entailed the involvement of persons with significant harm, –
shall be punishable by a fine in the amount of up to two thousand monthly calculation indices, or by corrective labor in the same amount, or by community service for a term of up to sixty hours, or by restraint of liberty for a term of up to two years, or by deprivation of liberty for the same term, with confiscation of property.
2. The action provided for by the first part of this article, committed:
1) by a group of persons, a group of persons by prior collusion;
2) repeatedly;
3) by a person using his official position, -
shall be punishable by restraint of liberty for a term of up to four years, or imprisonment for the same term, with confiscation of property, with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years.
Footnote. Chapter 8 shall be supplemented by Article 217-1 in accordance with the Law of the Republic of Kazakhstan dated 12.07.2022 № 139-VII (shall be enforced sixty calendar days after the date of its first official publication); as amended by the Law of the Republic of Kazakhstan dated 19.06.2024 № 94-VIII (shall be enforced upon expiry of sixty calendar days after its first official publication).Article 218. Legalization (laundering) of money and (or) other property, received by criminal way
1. Involvement in legal circulation of money and (or) other property obtained by criminal means through transactions in the form of conversion or transfer of property representing proceeds of criminal offenses, including any proceeds from property obtained by criminal means, or possession and use of such property, concealment or withholding of its true nature, source, location, method of disposal, movement, rights to property or its belonging, if it is known that such property represents the proceeds of criminal offenses, as well as mediation in legalization of money and (or) other property obtained by criminal means –
shall be punishable by a fine in the amount of up to five thousand monthly calculation indices, or correctional labor in the same amount, or restraint of liberty for a term of up to six 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 punishable by a fine in the amount of three thousand to seven thousand monthly calculation indices, or correctional labor in the same amount, or imprisonment for a 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 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 penalized by imprisonment for a term of five to ten years with confiscation of property, and in the cases referred to in paragraph 1), with lifelong deprivation of the right to hold certain positions or engage in certain activities.
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.
Footnote. Article 218 as amended by the Laws of the Republic of Kazakhstan dated 02.08.2015 № 343-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 08.04.2016 № 489-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 01.07.2022 № 131-VII (shall be enforced sixty calendar days after the date of its first official publication).Article 218-1. Concealment of illegally acquired assets from circulation to the state revenue, as well as their legalization (laundering)
1. Concealment by a subject and (or) an affiliated person, as defined by the Law of the Republic of Kazakhstan "On the return to the state of illegally acquired assets", of illegally acquired assets in large amounts from circulation to the state income by submitting knowingly unreliable, incomplete or distorted information in the declaration on disclosure of assets submitted in accordance with the Law of the Republic of Kazakhstan "On the return to the state of illegally acquired assets", –
is punishable by a fine of up to three thousand monthly calculation indices or correctional labor in the same amount, or restriction of liberty for up to five years, or imprisonment for the same period, with confiscation of property.
2. Involvement by a subject and (or) an affiliated person, as defined by the Law of the Republic of Kazakhstan "On the return to the state of illegally acquired assets", to the legal circulation of assets specified in part one of this Article, or any large-scale income from them through transactions for their alienation, conversion or transfer, concealment or concealment of their true nature, the source, location, method of disposal, transfer, rights to assets or their ownership, or mediation in the commission of the above actions, as well as alienation and (or) encumbrance in any form, as well as the transfer of large–scale assets to trust management without prior or proper or timely notification to the authorized body for asset recovery in accordance with the procedure established by the Law of the Republic of Kazakhstan "On the return to the state of illegally acquired assets " -
are punishable by a fine of up to five thousand monthly calculation indices or correctional labor in the same amount, or restriction of freedom for a term of up to six years, or imprisonment for the same period, with confiscation of property.
3. The acts provided for in parts one or two of this Article committed:
1) by a group of persons by prior agreement;
2) repeatedly;
3) by a person using his official position, –
shall be punished by a fine in the amount of three thousand to seven thousand monthly calculation indices or correctional labor in the same amount, or imprisonment for a term of three to seven years, with confiscation of property.
4. The acts provided for in parts one, two or three of this Article committed by:
1) a person authorized to perform public functions, or a person equated to him, or an official, or a person holding a responsible public position, if they involve the use of his official position;
2) a criminal group;
3) on a particularly large scale, –
shall be punishable by imprisonment for a term of five to ten years with confiscation of property, and in the cases provided for in paragraph 1) of this part, – with lifelong deprivation of the right to hold certain positions or engage in certain activities.
Notes.
1. A person who has voluntarily declared the upcoming or committed actions provided for in this article shall be released from criminal liability if his actions do not contain elements of crimes provided for in parts three and four of this article, or another crime.
2. "Assets" in this article means property benefits or rights (property) located in the Republic of Kazakhstan or abroad, including any property benefits or rights extracted (extracted) from this property or acquired at the expense of this property.
Footnote. Chapter 8 is supplemented by Article 218-1 in accordance with the Law of the Republic of Kazakhstan dated 12.07.2023 № 23-VIII (effective sixty calendar days after the date of its first official publication).Article 219. Illegal obtaining of credit or unauthorized use of budget credit
Footnote. Article 219 has been excluded by the Law of the Republic of Kazakhstan dated 05.07.2024 № 113-VIII (effective sixty calendar days after the date of its first official publication).
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 a fine in the amount of up to two thousand monthly calculation indices or corrective labors in the same amount, or community services for a term of up to six hundred hours, or restriction of liberty for a term of up to two years, or deprivation of liberty for the same term, with deprivation of the right to hold certain positions or engage in certain activity for a term of up to five years or without it.
Footnote. Article 220 as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication).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 a fine in the amount of up to one thousand monthly calculation indices or corrective labors in the same amount, or community services for a term of up to four hundred hours, or restriction of liberty for a term of up to one year, or deprivation of liberty for the same term.
2. The same actions, committed repeatedly or by a person with the use of his official position, –
shall be punished by a fine in the amount of up to three thousand monthly calculation indices or corrective labors in the same amount, or community services for a term of up to eight hundred hours, or restriction of liberty for a term of up to three years, or deprivation of liberty for the same term, with confiscation of property or without it, with deprivation of the right to hold certain positions or engage in certain activity for a 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 restriction of liberty for a term of up to six years or by deprivation of liberty for the same term, with confiscation of property or without it.
Note. A person, committed for the first time the action, provided for in paragraph 1 of this Article, shall be exempted from criminal liability in the event of voluntary compensation for the damage.
Footnote. Article 221 as amended by the Laws of the Republic of Kazakhstan dated 03.07.2017 № 84-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication).Article 222. Illegal use of a trademark, service mark, trade name, geographical indication and appellation of origin of goods
1. Illegal use of another's trademark, service mark, trade name, geographical indication and appellation of origin of goods or similar designations for similar goods or services, if this act caused major damage, –
is punishable by a fine of up to eighty monthly calculation indices or correctional labor in the same amount, or community work for up to eighty hours, or arrest for up to twenty days.
2. Illegal use of a warning label in relation to a trademark, service mark, geographical indication and appellation of origin of goods not registered in the Republic of Kazakhstan, if this act caused major damage, –
is punishable by a fine of up to eighty monthly calculation indices or correctional labor in the same amount, or community work for up to eighty hours, or arrest for up to twenty days.
Note. A person who has committed an act provided for in this article for the first time shall be released from criminal liability in the case of voluntary compensation for damage.
Footnote. Article 222 - as amended by the Law of the Republic of Kazakhstan dated 20.06.2022 № 128-VII (effective sixty calendar days after the date of its first official publication).Article 223. Illegal acquisition, disclosure or use of information, constituting commercial or banking secret, tax secret, obtained in the course of horizontal monitoring, the secret of providing microcredit, the secret of collection activity, as well as information related to the legalization of property
Footnote. The title of Article 223 is in the wording of the Law of the Republic of Kazakhstan dated 06.05.2017 № 63-VI (shall be enforced upon expiry of twenty-one calendar days after its first official publication); as amended by the Law of the Republic of Kazakhstan dated 25.12.2017 № 122-VI (shall be enforced from 01.01.2019).
1. Collection of information, constituting commercial or banking secret, tax secret, obtained in the course of horizontal monitoring, the secret of providing microcredit, the secret of collection activity, as well as information, related to the procedure of legalization of property by stealing documents, bribery or threats against persons, owning commercial or banking secret, tax secret, obtained in the course of horizontal monitoring, secret of providing microcredit, secret of collection activity, or their close ones, interception in the means of communication, illegal entry into the computer system or network, use of special technical means, as well as other illegal way in order to disclose or illegal use of this information –
shall be punished by a fine in the amount of up to two thousand monthly calculation indices or corrective labors in the same amount, or community services for a term of up to six hundred hours, or restriction of liberty for a term of up to two years, or deprivation of liberty for the same term.
2. Illegal disclosure or use of information constituting commercial or banking secret, tax secret, obtained in the course of horizontal monitoring, secret of providing microcredit, secret of collection activity, without the consent of their owner by a person to whom they were entrusted on service or work, committed for selfish or other personal interest and caused a heavy damage, –
shall be punished by a fine in the amount of up to three thousand monthly calculation indices or corrective labors in the same amount, or community services for a term of up to eight hundred hours, or restriction of liberty for a term of up to three years, or deprivation of liberty 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 a fine in the amount of up to two thousand monthly calculation indices or corrective labors in the same amount, or community services for a term of up to six hundred hours, or restriction of liberty for a term of up to two years, or deprivation of liberty for the same term, with deprivation of the right to hold certain positions or engage in certain activity for a term of up to three years.
4. Illegal disclosure or other illegal use by officials of the state bodies, employees of organizations, of details and information on transactions with money and (or) other property, obtained in the performance of their official duties, which are established by the Law of the Republic of Kazakhstan "On Amnesty of citizens of the Republic of Kazakhstan, repatriates and persons, having a residence permit in the Republic of Kazakhstan, in connection with property legalization by them", –
shall be punished by a fine in the amount of up to two thousand monthly calculation indices or corrective labors in the same amount, or community services for a term of up to six hundred hours, or restriction of liberty for a term of up to two years, or deprivation of liberty for the same term, with deprivation of the right to hold certain positions or engage in certain activity for a term of up to three years.
Footnote. Article 223 as amended by the Laws of the Republic of Kazakhstan dated 13.11.2015 № 400-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 06.05.2017 № 63-VI (shall be enforced upon expiry of twenty-one calendar days after its first official publication); dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 25.12.2017 № 122-VI (shall be enforced from 01.01.2019).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 a fine in the amount of up to one thousand monthly calculation indices or corrective labors in the same amount, or community services for a term of up to eight hundred hours, or restriction of liberty for a term of up to three years, or deprivation of liberty for the same term.
Footnote. Article 224 as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication).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 a fine in the amount of up to two hundred monthly calculation indices or corrective labors in the same amount, or community services for a term of up to one hundred and twenty hours, or arrest for a term of up to forty days, with deprivation of the right to hold certain positions or engage in certain activity for a term of up to three years or without it.
Footnote. Article 225 as amended by the Laws of the Republic of Kazakhstan dated 03.07.2017 № 84-VI (shall be enforced upon expiry of ten calendar days after its first official publication); 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication).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 a fine in the amount of up to two hundred monthly calculation indices or corrective labors in the same amount, or community services for a term of up to two hundred hours, or arrest for a term of up to fifty days, with deprivation of the right to hold certain positions or engage in certain activity for a term of up to three years.
2. The same action, inflicted a heavy damage,-
shall be punished by a fine in the amount of up to two thousand monthly calculation indices or corrective labors in the same amount, or community services for a term of up to six hundred hours, or restriction of liberty for a term of up to two years, or deprivation of liberty for the same term, with deprivation of the right to hold certain positions or engage in certain activity for a term of up to three years.
Footnote. Article 226 as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication).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 a fine in the amount of up to two hundred monthly calculation indices or corrective labors in the same amount, or community services for a term of up to one hundred and twenty hours, or arrest for a term of up to forty days, with deprivation of the right to hold certain positions or engage in certain activity for a term of up to three years or without it.
Footnote. Article 227 as amended by the Laws of the Republic of Kazakhstan dated 03.07.2017 № 84-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication).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 a fine in the amount of up to two hundred monthly calculation indices or corrective labors in the same amount, or community services for a term of up to two hundred hours, or arrest for a term of up to fifty days, with deprivation of the right to hold certain positions or engage in certain activity for a 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 a fine in the amount of up to three thousand monthly calculation indices or corrective labors in the same amount, or community services for a term of up to eight hundred hours, or restriction of liberty for a term of up to three years, or deprivation of liberty for the same term, with deprivation of the right to hold certain positions or engage in certain activity for a term of up to three years.
3. The actions, provided by first or second parts of this Article, committed by criminal group, -
shall be punished by restriction of liberty for a term of up to five years or by deprivation of liberty for the same term.
Footnote. Article 228 as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication).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 punishable by a fine in the amount of up to two hundred monthly calculation indices, or by corrective labor in the same amount, or by community service for a term of up to two hundred hours, or by arrest for a term of up to fifty days, with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years or without it, with or without confiscation of property.
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 a fine in the amount of up to two thousand monthly calculation indices or corrective labors in the same amount, or community services for a term of up to six hundred hours, or restriction of liberty for a term of up to two years, or deprivation of liberty for the same term, with confiscation of property or without it, with deprivation of the right to hold certain positions or engage in certain activity for a 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 restriction of liberty for a term of up to five years or deprivation of liberty for the same term, with confiscation of property.
Footnote. Article 229 as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 01.07.2022 № 131-VII (shall be enforced sixty calendar days after the date of its first official publication).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 punishable by a fine in the amount of up to two hundred monthly calculation indices, or by corrective labor in the same amount, or by community service for a term of up to two hundred hours, or by arrest for a term of up to fifty days, with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years or without it, with or without confiscation of property.
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 a fine in the amount of up to two thousand monthly calculation indices or corrective labors in the same amount, or community services for a term of up to six hundred hours, or restriction of liberty for a term of up to two years, or deprivation of liberty for the same term, with confiscation of property or without it, with deprivation of the right to hold certain positions or engage in certain activity for a 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 restriction of liberty for a term of up to five years or deprivation of liberty for the same term, with confiscation of property.
Footnote. Article 230 as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 01.07.2022 № 131-VII (shall be enforced sixty calendar days after the date of its first official publication).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 deprivation of liberty for a term of three to six years with confiscation of property.
Footnote. Article 232 as amended by the Law of the Republic of Kazakhstan dated 03.07.2017 № 84-VI (shall be enforced upon expiry of ten calendar days after its first official publication).Article 233. Breach of the procedure and rules of marking excisable goods by identification means and (or) accounting and control stamps, forgery and use of identification means and (or) accounting and control stamps
Footnote. Heading as amended by the Law of the Republic of Kazakhstan dated 31.12.2021 № 100 (effective from 01.01.2022).
1. Breach of the procedure and rules of marking excisable goods by identification means and (or) accounting and control marks, which caused significant damage, -
shall be punished by a fine in the amount of up to one thousand monthly calculation indices or corrective labors in the same amount, or community services for a term of up to four hundred hours, or restriction of liberty for a term of up to one year, or deprivation of liberty for the same term, with confiscation of property or without it, with deprivation of the right to hold certain positions or engage in certain activity for a term of up to three years or without it.
2. Manufacture or acquisition for the purpose of sale, as well as the use or sale of knowingly counterfeit identification means and (or) accounting and control stamps -
shall be punished by a fine in the amount of up to two thousand monthly calculation indices or corrective labors in the same amount, or community services for a term of up to six hundred hours, or restriction of liberty for a term of up to two years, or deprivation of liberty for the same term, with confiscation of property or without it, with deprivation of the right to hold certain positions or engage in certain activity for a term of up to three years or without it.
Note. A person, committed for the first time the action, provided for in this Article shall be exempted from criminal responsibility in the event of voluntary compensation for the damage.
Footnote. Article 233 as amended by the Laws of the Republic of Kazakhstan dated 03.07.2017 № 84-VI (shall be enforced upon expiry of ten calendar days after its first official publication); 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 31.12.2021 № 100 (effective from 01.01.2022).Article 234. Economic smuggling
1. Movement in large quantities across the customs border of the Eurasian Economic Union of goods or other items, including goods, articles and valuables prohibited or restricted from movement across the customs border, in respect of which special rules for movement across the customs border have been established, or illegal movement across the State Border of the Republic of Kazakhstan of goods or other items in respect of which a ban or restriction on movement across the State Border of the Republic of Kazakhstan has been established, with the exception of those specified in Article 286 of this Code, committed in spite of or with concealment from customs control or with the fraudulent use of documents or means of customs identification, or associated with non-declaration or knowingly false declaration or with the indication of knowingly false information in the application for release of goods prior to handing in the goods declaration or in the application for the performance of operations in respect of temporarily moved vehicles of international transportation that are goods placed under the customs procedure of temporary importation (admission), including with the submission of invalid documents, counterfeit and (or) containing knowingly inaccurate (false) information, -
shall be punishable by a fine of up to three thousand monthly calculation indices, or by community service for up to four hundred hours, or by restriction of liberty for up to one year, or by imprisonment for the same term, with or without property confiscation.
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 punishable by a fine of up to five thousand monthly calculation indices, or by community service for up to eight hundred hours, or by restriction of liberty for up to three years, or by imprisonment for the same term, with or without property confiscation.
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 punishable by imprisonment for a term of three to eight years, with or without confiscation of property, and in the cases specified in paragraph 1), with lifelong deprivation of the right to hold certain positions or engage in certain activities.
Footnote. Article 234 as amended by the Laws of the Republic of Kazakhstan dated 03.07.2017 № 84-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 26.12.2017 № 124-VI (shall be enforced from 01.01.2018); dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 21.01.2019 № 217-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 05.07.2024 № 113-VIII (effective sixty calendar days after the date of its first official publication).Article 235. Non-fulfillment of the requirement of repatriation of national and (or) foreign currency
Footnote. Article 235 is excluded by the Law of the Republic of Kazakhstan dated 12.07.2023 № 23-VIII (effective ten calendar days after the date of its first official publication).
Article 235-1. Illegal export, forwarding and transfer of currency valuables from the Republic of Kazakhstan
1. Export, forwarding or transfer of currency values from the Republic of Kazakhstan in volumes (amounts) exceeding the true value (price) of the relevant transactions and other counter-payment obligations, including through the use of forged documents, artificial overestimation of the cost (price) of works, services, goods, –
are punishable by a fine in the amount of fifty times the amount of illegally exported, forwarded or transferred currency values, or by restriction of liberty for up to five years, or imprisonment for the same period.
2. Export, forwarding or transfer of large-scale currency valuables from the Republic of Kazakhstan to pay for works, services, goods and other reimbursable contracts in the absence of intentions of the parties to fulfill the relevant obligations to perform works, provide services, supply goods and other counter-payment obligations, including through the use of forged documents, transactions and (or) actions for the sake of appearance (without the intention to create real legal consequences), -
are punishable by restriction of liberty for up to seven years or imprisonment for the same period.
3. The acts provided for in parts one or two of this article, if committed on an especially large scale, -
shall be punishable by restriction of liberty for a term of seven to twelve years or imprisonment for the same term.
Footnote. Chapter 8 is supplemented by Article 235-1 in accordance with the Law of the Republic of Kazakhstan dated 12.07.2023 № 23-VIII (effective sixty calendar days after the date of its first official publication).Article 236. Evasion from payment of customs duties, customs charges, taxes, special, anti-dumping, countervailing duties
Footnote. The title of Article 236 is in the wording of the Law of the Republic of Kazakhstan dated 26.12.2017 № 124-VI (shall be enforced from 01.01.2018); as amended by the Law of the Republic of Kazakhstan dated 21.01.2019 № 217-VI (shall be enforced upon expiry of ten calendar days after its first official publication).
1. Evasion from payment of customs duties, customs charges, taxes, special, anti-dumping, countervailing duties in large amounts –
shall be punishable by a fine of up to one hundred and sixty monthly calculation indices, or correctional labor in the same amount, or community service for up to one hundred and sixty hours, or arrest for up to forty days.
2. The same act, committed by civil servant with the use of his (her) official position, -
shall be punishable by a fine of up to two thousand monthly calculation indices, or correctional labor in the same amount, or community service for up to eight hundred hours, or restriction of liberty for 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 who has voluntarily paid the arrears on the payment of customs duties, customs charges, taxes, special, anti-dumping, countervailing duties, as well as penalties and interest in the case of their accrual, the amount of fines, established by the legislation of the Republic of Kazakhstan, shall be exempted from criminal liability under part one of this Article, if his (her) actions do not contain an element of another crime.
Footnote. Article 236 as amended by the Laws of the Republic of Kazakhstan dated 03.07.2017 № 84-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 26.12.2017 № 124-VI (shall be enforced from 01.01.2018); dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 21.01.2019 № 217-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 05.07.2024 № 113-VIII (effective sixty calendar days after the date of its first official publication).Article 237. Illegal action upon rehabilitation and bankruptcy
1. The concealment of property or property-related obligations, information on property, its size, location or other information on property, transfer of property into another’s possession, alienation or destruction of property, as well as the concealment, destruction, falsification of accounting documentation and (or) records or other documents reflecting economic activity, if these acts were committed by an individual entrepreneur, founder (participant), a person performing managerial functions in a commercial or another organization, an official, as well as a temporary, bankrupt or rehabilitation manager during the period of rehabilitation and bankruptcy, and caused large-scale damage -
shall be punished by a fine in the amount of up to two thousand monthly calculation indices or corrective labors in the same amount, or community services for a term of up to six hundred hours, or restriction of liberty for a term of up to two years, or deprivation of liberty for the same term, with deprivation of the right to hold certain positions or engage in certain activity for a term of up to three years.
2. Unlawful satisfaction of property claims of individual creditors by an individual entrepreneur, founder (participant), person performing managerial functions in a commercial or another organization, official, and also by a temporary, bankrupt or rehabilitation manager during the period of rehabilitation and bankruptcy, which is known to be to the detriment of other creditors, if this act caused large-scale damage -
shall be punished by a fine in the amount of up to two thousand monthly calculation indices or corrective labors in the same amount, or community services for a term of up to six hundred hours, or restriction of liberty for a term of up to two years, or deprivation of liberty for the same term, with deprivation of the right to hold certain positions or engage in certain activity for a term of up to three years.
Footnote. Article 237 as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication); № 290-VІ as of 27.12.2019 (shall be enforced ten calendar days after its first official publication).Article 238. Premeditated bankruptcy
1. Deliberate bankruptcy, that is, the actions of a founder (participant), an official, a person performing managerial functions in a commercial or other organization, as well as an individual entrepreneur, committed in the personal interests or interests of other persons in order to evade the fulfillment of obligations to creditors by alienating or concealment of property for three years prior to declaring bankrupt a legal entity or an individual entrepreneur, which caused large damage, -
shall be punished by a fine in the amount of up to three thousand monthly calculation indices or corrective labors in the same amount, or community services for a term of up to eight hundred hours, or restriction of liberty for a term of up to three years, or deprivation of liberty for the same term, with deprivation of the right to hold certain positions or engage in certain activity for a term of up to three years.
2. The same actions, committed by an executive employee of a financial organization, banking and (or) the insurance holding company, a major participant (major shareholder)- an individual, a head, a member of the governing body, a director, a member of the executive body, a chief accountant, a major participant (major shareholder) – the legal entity of financial organization, causing major damage to the financial organization, banking and (or) the insurance holding company, –
shall be punished by a fine in the amount of up to three thousand monthly calculation indices or corrective labors in the same amount, or community services for a term of up to eight hundred hours, or restriction of liberty for a term of up to three years, or deprivation of liberty for the same term, with deprivation of the right to hold certain positions or engage in certain activity for a term of five years before establishing prohibition to hold the position of an executive employee of a financial organization, banking and (or) insurance holding and to be a major participant (major shareholder) of a financial organization for life.
Footnote. Article 238 as amended by the Laws of the Republic of Kazakhstan dated 24.11.2015 № 422-V (shall be enforced from 01.01.2016); dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 27.12.2019 № 290-VІ (shall be enforced upon expiry of ten calendar days after the day of its first official publication).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 a fine in the amount of up to two hundred monthly calculation indices or corrective labors in the same amount, or community services for a term of up to one hundred and twenty hours, or arrest for up to forty days, with deprivation of the right to hold certain positions or engage in certain activity for a term of up to three years.
2. An intentional action (inaction) of an executive employee of financial organization, banking and (or) insurance holding company, the major participant (major shareholder) – an individual, a head, a member of managerial body, a director, a member of executive body, a chief accountant, a major participant (major shareholder) – a legal entity of financial organization, as well as persons temporarily or under special authority acting functions of a management body or executive body of financial organization, which led to insolvency, inflicted compulsory liquidation of the financial organization, or to classification of the bank to the category of insolvent banks, –
shall be punished with restriction of liberty for a term of three to seven years or with imprisonment for the same term, with confiscation of property, with the deprivation of the right to hold certain positions or engage in certain activities for a term of five years up to imposing a lifetime ban on holding the post of an executive officer of a financial organization, a banking and (or) an insurance holding company, and being a major participant (a major shareholder) of a financial organization.
3. Is excluded by Law № 292-VІ of the Republic of Kazakhstan as of 27.12.2019 (the enforcement procedure is in Art.2).Footnote. Article 239 as amended by the Laws of the Republic of Kazakhstan dated 24.11.2015 № 422-V (shall be enforced from 01.01.2016); dated 03.07.2017 № 84-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication); Law № 292-VІ of the Republic of Kazakhstan as of 27.12.2019 (the enforcement procedure is in Art.2).
Article 240. False bankruptcy
Footnote. Article 240 is excluded by Law № 290-VІ of the Republic of Kazakhstan as of 27.12.2019 (shall be enforced ten calendar days after its first official publication).
Article 241.Violation of the legislation of the Republic of Kazakhstan on
book records and financial accountability
Footnote. Article 241 has been excluded by the Law of the Republic of Kazakhstan dated 05.07.2024 № 113-VIII (effective sixty calendar days after the date of its first official publication).
Article 242. Presentation of knowingly false details on banking operations
Submission by employees of a bank, a branch of a non-resident bank of the Republic of Kazakhstan of knowingly false information about transactions on bank accounts of legal entities or individuals, as well as the issuance of guarantees, guarantees and other obligations that are obviously unsecured by the actual financial condition of this bank, a non-resident bank of the Republic of Kazakhstan, if these actions have entailed or could have entailed the infliction of major damage to a citizen, organization or state, –
shall be punished by a fine in the amount of up to two hundred monthly calculation indices or corrective labors in the same amount, or community services for a term of up to one hundred and twenty hours, or arrest for a term of up to forty days, with deprivation of the right to hold certain positions or engage in certain activity for a term of up to three years.
Footnote. Article 242 as amended by the Laws of the Republic of Kazakhstan dated 24.11.2015 № 422-V (shall be enforced from 16.12.2020); dated 03.07.2017 № 84-VI (shall be enforced upon expiry of ten calendar days after its first official publication); 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication).Article 243. Illegal use of money of a bank, a branch of a bank - a non-resident of the Republic of Kazakhstan
1. Use by employees of a bank, a branch of a bank - a non-resident of the Republic of Kazakhstan, own funds of a bank, a branch of a bank - a non-resident of the Republic of Kazakhstan and (or) attracted funds of a bank, a branch of a bank - a non-resident of the Republic of Kazakhstan for issuing knowingly non-repayable loans or committing transactions knowingly unprofitable for the bank, branch of the bank - a non-resident of the Republic of Kazakhstan, as well as provision of unreasonable guarantees of a bank, a branch of a bank - a non-resident of the Republic of Kazakhstan or unreasonable preferential terms to customers of a bank, a branch of a bank - a non-resident of the Republic of Kazakhstan or other persons, if these acts caused major damage to a citizen, organization or state, -
shall be punishable by a fine in the amount of up to three thousand monthly calculation indices, or by corrective labor in the same amount, or by community service for a term of up to eight hundred hours, or by restraint of liberty for a term of up to three years, or by deprivation of liberty for the same term, with deprivation of the right to hold certain positions or engage in certain activities for up to three years.
2. Knowingly incorrect or knowingly untimely transfer by employees of a bank, a branch of a bank - a non-resident of the Republic of Kazakhstan, of monetary amounts, including foreign currency funds on bank accounts of clients, if this act caused large damage to a citizen, organization or state, -
shall be punishable by a fine in the amount of up to 200 monthly calculation indices, or by corrective labor in the same amount, or by engagement in public works for a term of up to 120 hours, or by arrest for a term of up to forty days, with deprivation of the right to hold certain positions or engage in certain activities for a term up to three years.
Footnote. Article 243 as amended by the Law of the Republic of Kazakhstan dated 24.11.2015 № 422-V (shall be enforced from 16.12.2020).Article 244. Evasion of the citizen from payment of the tax and (or) other obligatory payments to the budget
Evasion of the citizen from payment of the tax and (or) other obligatory payments to the budget by non-presentation of the incomes declaration in the cases when submission of the declaration is obligatory, or by inclusion in the declaration or other documents connected with calculation or payment of taxes and (or) other obligatory payments to the budget, of knowingly distorted data on the incomes or expenses or on the property which is subject to taxation using the invoice without actual performance of works, rendering services, shipment of goods, if this action resulted in non-payment of tax and (or) other obligatory payments to the budget in a large amount, –
shall be punished by a fine in the amount of up to three thousand monthly calculation indices or corrective labors in the same amount, or community services for a term of up to eight hundred hours, or restriction of liberty for a term of up to three years, or deprivation of liberty for the same term.
Note. A person, committed an act, provided for by this Article shall be exempted from criminal liability in the event of voluntary payment of tax arrears and (or) other obligatory payments to the budget, as well as penalties, established by the legislation of the Republic of Kazakhstan.
Footnote. Article 244 is in the wording of the Law of the Republic of Kazakhstan dated 03.07.2017 № 84-VI (shall be enforced upon expiry of ten calendar days after its first official publication); as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 21.01.2019 № 217-VI (shall be enforced upon expiry of ten calendar days after its first official publication).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 by a fine in the amount of up to two thousand monthly calculation indices or corrective labors in the same amount, or community services for a term of up to eight hundred hours, or restriction of liberty for a term of up to three years, or deprivation of liberty for the same term, with deprivation of the right to hold certain positions or engage in certain activity for a 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 a fine in the amount of up to four thousand monthly calculation indices or corrective labors in the same amount, or community services for a term of up to one thousand hours, or restriction of liberty for a term of up to four years, or deprivation of liberty for the same term, with deprivation of the right to hold certain positions or engage in certain activity for a 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 a fine in the amount of two to three times the amount of not received payments to the budget or deprivation of liberty for a term of five to eight years with deprivation of the right to hold certain positions or engage in certain activity for a term of up to three years.
Note. A person, committed an action, provided for by this Article (except for an action, committed by a criminal group) shall be exempted from criminal liability in the case of voluntary payment of tax arrears and (or) other obligatory payments to the budget, as well as penalties, established by the legislation of the Republic of Kazakhstan.
Footnote. Article 245 as amended by the Laws of the Republic of Kazakhstan dated 03.07.2017 № 84-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 21.01.2019 № 217-VI (shall be enforced upon expiry of ten calendar days after its first official publication).Article 246. Illegal actions in respect of property restricted in disposal on account of the taxpayer’s tax arrears, the payer’s arrears for customs payments, taxes, special, anti-dumping, countervailing duties, penalties, interest in the case of their accrual
Footnote. The title of Article 246 is in the wording of the Law of the Republic of Kazakhstan dated 26.12.2017 № 124-V (shall be enforced from 01.01.2018).
Embezzlement, alienation, concealment or illegal transfer of property, to which the restriction is imposed by the state revenue bodies, as well as refusal in transfer of such property in the cases provided for by the legislation of the Republic of Kazakhstan, committed by a person whose property is restricted, as well as carrying out banking operations by an employee of a bank or organization, engaged in certain types of banking operations, on bank accounts, on which the state revenue bodies suspended expenditure operations, –
shall be punished by a fine in the amount of up to two hundred monthly calculation indices or correctional labors in the same amount, or community services for a term of up to two hundred hours, or arrest for a term of up to fifty days.
Footnote. Article 246 as amended by the Laws of the Republic of Kazakhstan dated 26.12.2017 № 124-VI (shall be enforced from 01.01.2018); dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication).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 a fine in the amount of up to eighty monthly calculation indices or corrective labors in the same amount, or community services for a term of up to eighty hours, or arrest for a term of up to twenty days.
2. The same action, committed repeatedly, -
shall be punished by a fine in the amount of up to one hundred and twenty monthly calculation indices or corrective labors in the same amount, or community services for a term of up to one hundred and twenty hours, or arrest for a term of up to thirty days.
3. Actions, provided for in parts one or two of this Article related to the receipt of remuneration in large amounts or associated with extortion, –
shall be punished by a fine in the amount of up to two thousand monthly calculation indices or corrective labors in the same amount, or community services for a term of up to six hundred hours, or restriction of liberty for a term of up to two years, or deprivation of liberty for the same term, with confiscation of property or without it, with deprivation of the right to hold certain positions or engage in certain activity for a term of up to three years.
Note. It shall not be a criminal infraction by virtue of insignificance and shall be prosecuted on a disciplinary basis by the person, specified in part one of this Article, material remuneration, benefits or services of a property nature as a gift in the absence of prior agreement for previously performed work or services rendered within the scope of his (her) duties, if the cost of the gift does not exceed five monthly calculation indices.
Footnote. Article 247 as amended by the Laws of the Republic of Kazakhstan dated 07.11.2014 № 248-V (shall be enforced from 01.01.2015); dated 03.07.2017 № 84-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication).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 a fine in the amount of up to two thousand monthly calculation indices or corrective labors in the same amount, or community services for a term of up to six hundred hours, or restriction of liberty for a term of up to two years, or deprivation of life for the same term.
2. The same action, committed:
1) repeatedly;
2) with use of force, -
shall be punished by a fine in the amount of up to three thousand monthly calculation indices or corrective labors in the same amount, or community services for a term of up to eight hundred hours, or restriction of liberty for a term of up to three years, or deprivation of liberty 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.
Footnote. Article 248 as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication).Article 249. Corporate raiding
1. Illegal acquisition of the right of ownership to a share in a legal entity, as well as the property and securities of a legal entity, or the establishment of control over a legal entity by deliberately distorting the results of voting or obstructing the free exercise of the right when a decision is made by a supreme body by entering into the minutes of a meeting, session, the extracts from them of the knowingly false information about the number of voters, quorum or voting results, or drawing up a knowingly false count of votes or accounting for voting ballots, blocking or restricting the actual access of a shareholder, participant, member of the management body or member of the executive body to voting, failure to provide information about the voting meeting, meeting or reporting false information about the time and place of the meeting, meeting, voting on behalf of a shareholder, participant or member of the management body under a knowingly false power of attorney, by violating, restricting or infringement of the right of pre-emptive purchase of securities, as well as deliberately creating obstacles in the exercise of the right of pre-emptive purchase of securities or by otherwise infringing on the rights and legitimate interests of a shareholder, participant in a legal entity when decisions are made by a general meeting of shareholders, participants, or deliberately creating obstacles to the management of a legal entity or the execution of decisions of the general meeting or the exercise of the functions of the executive body by retaining constituent or other documents of title, seals of a legal entity, which caused significant damage to the rights or legally protected interests of citizens or organizations, or to the legally protected interests of society or the state, –
shall be punishable by a fine in the amount of up to five thousand monthly calculation indices, or by corrective labor in the same amount, or by community service for a term of up to one thousand two hundred hours, or by restraint of liberty for a term of up to five years, or by deprivation of liberty for the same term, with confiscation of property, with the deprivation of the right to hold certain positions or engage in certain activities for up to two years.
1-1. Illegal acquisition of the right of ownership to a share in a legal entity, as well as property or securities of a legal entity or the establishment of control over a legal entity by forcing the owner to alienate a legal entity, a share in it, securities and other property as a result of organizing or initiating inspections in relation to this legal entity, the adoption of restrictive, prohibitive and other measures by law enforcement, regulatory or other authorized bodies or organizations or in a judicial proceeding, which caused significant damage to the rights or legally protected interests of citizens or organizations, or to the legally protected interests of society or the state, –
shall be punishable by restraint of liberty for a term of up to seven years, or imprisonment for the same term, with confiscation of property, with deprivation of the right to hold certain positions or engage in certain activities for a term of up to five years.
2. The acts provided for by parts one, 1-1 of this article, committed:
1) by a group of persons by prior agreement;
2) repeatedly;
3) by a person using his official position, -
shall be punished by imprisonment for a term of five to eight years with confiscation of property, with deprivation of the right to hold certain positions or engage in certain activities for a term of up to eight years.
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.
Footnote. Article 249 as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication); № 292-VІ as of 27.12.2019 (the enforcement procedure is in Art.2); dated 02.07.2021 № 62-VII (shall be enforced upon expiry of sixty calendar days after the day of its first official publication). Chapter 9. CRIMINAL INFRACTION AGAINST THE INTERESTS OF
SERVICE IN COMMERCIAL AND OTHER ORGANIZATIONS
Article 250. Abuse of power
1. The use by a person, performing managerial functions in a commercial or other organization of his (her) powers contrary to the legitimate interests of this organization and for the purpose of obtaining benefits and advantages for himself (herself) or other persons or organizations or harming other persons or organizations, if it caused significant harm to the rights and legitimate interests of citizens or organizations or interests of society or the state protected by the Law, –
shall be punished by a fine in the amount of up to four thousand monthly calculation indices or corrective labors in the same amount, or community services for a term of up to one thousand hours, or restriction of liberty for a term of up to four years, or deprivation of liberty for the same term, with confiscation of property or without it, with deprivation of the right to hold certain positions or engage in certain activity for a term of up to five years.
2. The same actions, committed by an executive employee of financial organization, banking and (or) insurance holding company, a major participant (major shareholder) – an individual, a head, a member of the governing body, a director, a member of the executive body, a chief accountant, a major participant (major shareholder) – a legal entity of financial organization, causing large scale damage to the citizen, a legal entity, the state, financial organization, -
shall be punished by a fine in the amount of up to four thousand monthly calculation indices or corrective labors in the same amount, or community services for a term of up to one thousand hours, or restriction of liberty for a term of up to four years, or deprivation of liberty for the same term, with confiscation of property or without it, with deprivation of the right to hold certain positions or engage in certain activity for a term of five years prior to establishing the prohibition to hold the position of an executive employee of a financial organization, banking and (or) insurance holding company, to be a major participant (major shareholder) of a financial organization for life.
Footnote. Article 250 as amended by the Laws of the Republic of Kazakhstan dated 24.11.2015 № 422-V (shall be enforced from 01.01.2016); dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication).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 a fine in the amount of up to four thousand monthly calculation indices or corrective labors in the same amount, or community services for a term up to one thousand hours, or restriction of liberty for a term of up to four years, or deprivation of liberty for the same term, with confiscation of property or without it, with deprivation of the right to hold certain positions or engage in certain activity for a 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 a fine in the amount of up to five thousand monthly calculation indices or corrective labors in the same amount, or community services for a term of up to one thousand two hundred hours, or restriction of liberty for a term of up to five years, or deprivation of liberty for the same term, with confiscation of property or without it, with deprivation of the right to hold certain positions or engage in certain activity for a term of up to five years.
Footnote. Article 251 as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication).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 a fine in the amount of up to five thousand monthly calculation indices or corrective labors in the same amount, or community services for a term of up to one thousand two hundred hours, or restriction of liberty for a term of up to five years, or deprivation of life for the same term, with deprivation of the right to hold certain positions or engage in certain activity for a 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.
Footnote. Article 252 as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication).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 a fine in the amount of up to five thousand monthly calculation indices or corrective labors in the same amount, or community services for a term of up to one thousand two hundred hours, or restriction of liberty for a term of up to five years, or deprivation of liberty 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 a fine in the amount of thirty to forty times the amount of the transferred money or cost of the transferred property or deprivation of liberty for a 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 a fine in the amount of forty to fifty times the amount of the transferred money or cost of the transferred property or deprivation of liberty for a 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 a fine in the amount of up to five thousand monthly calculation indices or corrective labors in the same amount, or community services for a term of up to one thousand two hundred hours, or restriction of liberty for a term of up to five years, or deprivation of liberty for the same term, with confiscation of property, with deprivation of the right to hold certain positions or engage in certain activity for a 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 a fine in the amount of sixty to seventy times the amount of the transferred money or cost of the transferred property or by deprivation of liberty for a term of seven to twelve years with confiscation of property, with deprivation of the right to hold certain positions or engage in certain activity for a 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 a fine in the amount of seventy to eighty times the amount of money transferred or the value of the transferred property or deprivation of liberty for a term of ten to fifteen years with confiscation of property, with deprivation of the right to hold certain positions or engage in certain activity for a 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.
Footnote. Article 253 as amended by the Laws of the Republic of Kazakhstan dated 03.07.2017 № 84-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication).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 deprivation of liberty for a term of six to ten years with confiscation of property.
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 deprivation of liberty for a term of eight to twelve years with confiscation of property.
3. The actions, provided by first or second parts of this Article, if they:
1) linked with the use or threat of using weapons of mass destruction, radioactive materials and commission or threat of mass poisoning, spread of epidemics or epizootics, as well as other actions that can lead to mass fatality;
2) entailed the death of person or other grave consequences by negligence, -
shall be punished by deprivation of liberty for a term of twelve to seventeen years with confiscation of property, deprivation of citizenship of the Republic of Kazakhstan 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 punishable by imprisonment for a term of fifteen to twenty years or life imprisonment with or without deprivation of citizenship of the Republic of Kazakhstan with confiscation of property.
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.
Footnote. Article 255 as amended by the Laws of the Republic of Kazakhstan dated 22.12.2016 № 28-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 11.07.2017 № 91-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 29.12.2021 № 89-VII (effective ten calendar days after the date of its first official publication); dated 28.12. 2022 № 173-VII (shall be enforced sixty calendar days after the date of its first official publication).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 deprivation of liberty for a term of five to nine years with confiscation of property.
2. The same actions committed by a person using his or her official position or by the leader of a public association, or through the use of mass media, telecommunications networks or online platforms, or by a group of persons or a group of persons by prior agreement, including with the use of funds received from foreign sources, –
shall be punished by deprivation of liberty for a term of seven to twelve years with confiscation of property.
Footnote. Article 256 as amended by the Laws of the Republic of Kazakhstan dated 26.07.2016 № 12-VI (shall be enforced upon expiry of two months after its first official publication); dated 22.12.2016 № 28-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 19.06.2024 № 94-VIII (shall be enforced upon expiry of sixty calendar days after its first official publication).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 deprivation of liberty for a term of ten to seventeen years with confiscation of property, deprivation of citizenship of the Republic of Kazakhstan or without it.
2. Participation in activity of terrorist group or acts of terrorism, committed by it –
shall be punished by deprivation of liberty for a 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 or by leader of public association, -
shall be punished by deprivation of liberty for a term of twelve to fifteen years with confiscation of property, deprivation of citizenship of the Republic of Kazakhstan or without it.
Footnote. Article 257 as amended by the Laws of the Republic of Kazakhstan dated 22.12.2016 № 28-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 11.07.2017 № 91-VI (shall be enforced upon expiry of ten calendar days after its first official publication).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 benefits of a property nature, as well as donation, exchange, dotations, charitable assistance, rendering of information and other services or rendering of financial services to an individual or a group of persons or a legal entity committed by a person who was aware of the terroristic or extremist nature of their activity or that the provided property, rendered information, financial and other services will be used for carrying out terroristic or extremist activity or supporting a terroristic or extremist group, terroristic or extremist organization, illegal paramilitary forces, –
shall be punished by deprivation of liberty for a term of five to nine 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 deprivation of liberty for a term of seven to twelve 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.
Footnote. Article 258 as amended by the Laws of the Republic of Kazakhstan dated 16.11.2015 № 403-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 22.12.2016 № 28-VI (shall be enforced upon expiry of ten calendar days after its first official publication).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 deprivation of liberty for a term of eight 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 deprivation of liberty for a term of ten to fifteen years with confiscation of property.
Footnote. Article 259 as amended by the Law of the Republic of Kazakhstan dated 22.12.2016 № 28-VI (shall be enforced upon expiry of ten calendar days after its first official publication).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 punishable by imprisonment for a term of three to seven years, with or without property confiscation.
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.
Footnote. Article 260 as amended by the Law of the Republic of Kazakhstan dated 01.07.2022 № 131-VII (shall be enforced sixty calendar days after the date of its first official publication).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 punishable by imprisonment for a term of three to eight years, with or without confiscation of property.
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 punishable by imprisonment for a term of seven to twelve years, with or without 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 punishable by deprivation of liberty for a term of ten to fifteen years, with or without deprivation of citizenship of the Republic of Kazakhstan, with or without property confiscation.
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.
Footnote. Article 261 as amended by the Law of the Republic of Kazakhstan dated 11.07.2017 № 91-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 01.07.2022 № 131-VII (shall be enforced sixty calendar days after the date of its first official publication).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 benefits of a property nature, as well as donation, exchange, dotations, charitable assistance, rendering of information and other services or rendering of financial services to an individual or a group of persons or a legal entity committed by a person who was aware of their use for supporting an organized group, criminal organization, criminal community, transnational organized group, transnational criminal organization, transnational criminal community 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.
Footnote. Article 266 as amended by the Law of the Republic of Kazakhstan dated 16.11.2015 № 403-V (shall be enforced upon expiry of ten calendar days after its first official publication).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 a fine in the amount of up to three thousand monthly calculation indices or corrective labors in the same amount, or community services for a term of up to eight hundred hours, or restriction of liberty for a term of up to three years, or deprivation of liberty 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.
Footnote. Article 267 as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication).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 punishable by restraint of liberty for a term of three to seven years, or imprisonment for the same term, with or without property confiscation.
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;
5) for selfish motives or by hire;
6) in relation of buildings of the state bodies or the state institutions, -
shall be punished by deprivation of liberty for a term of seven 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 deprivation of liberty for a term of eight to fifteen years with confiscation of property, deprivation of citizenship of the Republic of Kazakhstan or without it.
Footnote. Article 269 as amended by the Laws of the Republic of Kazakhstan dated 22.12.2016 № 28-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 11.07.2017 № 91-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 01.07.2022 № 131-VII (shall be enforced sixty calendar days after the date of its first official publication).Article 269-1. Illegal entry into a protected facility
1. Illegal entry into a facility protected in accordance with the legislation of the Republic of Kazakhstan by law enforcement or special state bodies, bodies and divisions of the Ministry of Defense of the Republic of Kazakhstan, the Armed Forces, other troops and military formations of the Republic of Kazakhstan, as well as into a hazardous production facility guarded by a private security organization which has caused significant damage or significant harm to the rights or legally protected interests of citizens or organizations, or to the legally protected interests of society or the state,
- shall be punishable by a fine in the amount of up to 200 monthly calculation indices, or by corrective labor in the same amount, or by community service for a term of up to 200 hours, or by arrest for a term of up to 50 days.
2. The same act committed:
1) causing major damage;
2) with the use of violence or with the threat of its use;
3) with the use of weapons or items used as weapons, explosives or explosive devices;
4) by a group of persons or a group of persons by prior agreement,
– shall be punishable by restraint of liberty for a term of up to five years, or imprisonment for the same term.
3. The acts provided for by parts one and two of this article:
1) entailed by negligence the death of a person or other grave consequences;
2) committed by a criminal group,
– shall be punishable by imprisonment for a term of seven to ten years.
Footnote. Chapter 10 is supplemented by Article 269-1 in accordance with the Law of the Republic of Kazakhstan dated 02.07.2021 № 62-VII (shall be enforced upon expiry of sixty calendar days after the day of its first official publication).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 punishable by imprisonment for a term of two to eight years, with or without confiscation of property.
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 deprivation of liberty for a term of seven 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 deprivation of liberty for a term of eight to fifteen years with confiscation of property, deprivation of citizenship of the Republic of Kazakhstan or without it.
Footnote. Article 270 as amended by the Laws of the Republic of Kazakhstan dated 22.12.2016 № 28-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 11.07.2017 № 91-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 01.07.2022 № 131-VII (shall be enforced sixty calendar days after the date of its first official publication).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 riots, accompanied by violence, demolitions, arsons, destructions, destruction of property, use of fire-arms, explosives or explosive devices, as well as offering armed resistance to the representative of the authority, including the use of funds obtained from foreign sources, –
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 punishable by restraint of liberty for a term of three to five years, or imprisonment for the same term.
4. The deeds provided for by part three of this article, committed with the use of mass media or telecommunications networks, including the Internet, -
shall be punishable by restraint of liberty for a term of three to seven years, or by deprivation of liberty for the same term.
Footnote. Article 272 as amended by the Law of the Republic of Kazakhstan dated 26.07.2016 № 12-VI (shall be enforced upon expiry of two months after its first official publication); dated 17.03.2023 № 212-VII (shall be enforced sixty calendar days after the date of its first official publication).Article 273. Knowingly false report about an act of terrorism
Knowingly false report on prepared act of terrorism –
shall be punished by a fine in the amount of up to five thousand monthly calculation indices or corrective labors in the same amount, or restriction of liberty for a term of up to five years, or deprivation of liberty for the same term.
Footnote. Article 273 as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication).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 a fine in the amount of up to one thousand monthly calculation indices or corrective labors in the same amount, or community services for a term of up to four hundred hours, or restriction of liberty for a term of up to one year, or deprivation of liberty 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) through the use of mass media, telecommunications networks or online platforms, –
shall be punished by a fine in the amount of up to three thousand monthly calculation indices or corrective labors in the same amount, or community services for a term of up to eight hundred hours, or restriction of liberty for a term of up to three years, or deprivation of liberty 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 a fine in the amount of up to five thousand monthly calculation indices or corrective labors in the same amount, or community services for a term of up to one thousand two hundred hours, or restriction of liberty for a term of up to five years, or deprivation of liberty 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 restriction of liberty for a term of three to seven years or by deprivation of liberty for the same term.
Footnote. Article 274 as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 10.07.2023 № 19-VIII (effective sixty calendar days after the date of its first official publication); dated 19.06.2024 № 94-VIII (shall be enforced upon expiry of sixty calendar days after its first official publication).Article 275. Illegal export and import of technologies, scientific and technical information and services used in creation of weapons of mass destruction, weapons and military equipment
Footnote. The heading of Article 283 as amended by the Law of the Republic of Kazakhstan dated 28.12.2022 № 173-VII (shall be enforced sixty calendar days after the date of its first official publication).
Illegal export and import of technologies, scientific and technical information and services that can be used in the creation of weapons of mass destruction, means of their delivery, weapons and military equipment and in respect of which control of specific goods has been established, –
shall be punished by imprisonment for the term of three to seven years with confiscation of property or without it.
Footnote. Article 275 as amended by the Laws of the Republic of Kazakhstan dated 28.12.2022 № 173-VII (shall be enforced sixty calendar days after the date of its first official publication).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 a fine in the amount of up to one hundred and twenty monthly calculation indices or corrective labors in the same amount, or community services for a term of up to one hundred and twenty hours, or arrest for a term of up to thirty days, with deprivation of the right to hold certain positions or engage in certain activity for a 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 a fine in the amount of up to three thousand monthly calculation indices or corrective labors in the same amount, or community services for a term of up to eight hundred hours, or restriction of liberty for a term of up to three years, or deprivation of liberty for the same term, with deprivation of the right to hold certain positions or engage in certain activity for a 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.
Footnote. Article 276 as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication).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 a fine in the amount of up to two thousand monthly calculation indices or corrective labors in the same amount, or community services for a term of up to six hundred hours, or restriction of liberty for a term of up to two years, or deprivation of liberty for the same term, with deprivation of the right to hold certain positions or engage in certain activity for a 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.
Footnote. Article 277 as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication).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 a fine in the amount of up to two thousand monthly calculation indices or corrective labors in the same amount, or community services for a term of up to six hundred hours, or restriction of liberty for a term of up to two years, or deprivation of liberty for the same term, with deprivation of the right to hold certain positions or engage in certain activity for a 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.
Footnote. Article 278 as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication).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 a fine in the amount of up to two thousand monthly calculation indices or corrective labors in the same amount, or community services for a term of up to six hundred hours, or restriction of liberty for a term of up to two years, or deprivation of liberty for the same term, with deprivation of the right to hold certain positions or engage in certain activity for a 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.
Footnote. Article 281 as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication).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 a fine in the amount of up to three thousand monthly calculation indices or corrective labors in the same amount, or community services for a term of up to eight hundred hours, or restriction of liberty for a term of up to three years, or deprivation of liberty for the same term, with deprivation of the right to hold certain positions or engage in certain activity for a 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.
Footnote. Article 282 as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication).Article 283. Illegal handling of radioactive substances, radioactive waste, nuclear materials, as well as pathogenic biological agents that cause especially dangerous infectious diseases
Footnote. The heading of Article 283 as amended by the Law of the Republic of Kazakhstan dated 21.05.2022 № 123-VII (shall be enforced six months after the date of its first official publication).
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.
4. Handling of pathogenic biological agents that cause especially dangerous infectious diseases without an appropriate permit -
shall be punishable by imprisonment for a term of two to six years, with or without confiscation of property.
Footnote. Article 283 as amended by the Law of the Republic of Kazakhstan dated 21.05.2022 № 123-VII (shall be enforced six months after the date of its first official publication).Article 284. Theft or extortion of radioactive substances, radioactive waste, nuclear materials, and also pathogenic biological agents that cause especially dangerous infectious diseases
Footnote. The heading of Article 284 as amended by the Law of the Republic of Kazakhstan dated 05.21.2022 № 123-VII (shall be enforced six months after the date of its first official publication).
1. Theft or extortion of radioactive substances, radioactive waste, nuclear materials, and also pathogenic biological agents that cause especially dangerous infectious diseases, –
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.
Footnote. Article 284 as amended by the Law of the Republic of Kazakhstan dated 21.05.2022 № 123-VII (shall be enforced six months after the date of its first official publication).Article 285. Violation of the rules of handling radioactive substances, radioactive waste, nuclear materials or the requirements for handling pathogenic biological agents that cause especially dangerous infectious diseases
Footnote. Article 285 as amended by the Law of the Republic of Kazakhstan dated 21.05.2022 № 123-VII (shall be enforced six months after the date of its first official publication).
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.
3. Violation of the requirements for handling pathogenic biological agents that cause especially dangerous infectious diseases, which entailed inadvertently the death of a person or other grave consequences, -
shall be punishable by deprivation of liberty for a term up to seven years, with or without deprivation of the right to hold certain positions or engage in certain activities for a term up to three years.
Footnote. Article 285 as amended by the Law of the Republic of Kazakhstan dated 21.05.2022 № 123-VII (shall be enforced six months after the date of its first official publication).Article 286. Smuggling of withdrawn from handling of items or items, handling of which is restricted
1. Movement across the customs border of the Eurasian Economic Union in addition to or with concealment from customs control or with fraudulent use of documents or means of customs identification, or associated with non-declaration or false declaration, or with indication of knowingly false information in the statement on the release of goods before filing a declaration for goods, including submission of invalid documents, forged and (or) containing deliberately unreliable (false) information, as well as illegal trafficking across the State Border of the Republic of Kazakhstan of narcotic drugs, psychotropic substances, their analogues, precursors, highly toxic, virulent, poisonous, , radioactive substances, radioactive waste or nuclear materials, explosives, weapons, military equipment, explosive devices, firearms, gas pistols and revolvers, gas weapons with the possibility of firing traumatic cartridges, pneumatic weapons with a muzzle energy of more than 7.5 J, inert, signal and throwing weapons, their main (component) parts, ammunition, nuclear, chemical, biological or other types of weapons of mass destruction, materials, equipment or components that can be used to create weapons of mass destruction, as well as materials and equipment that can be used to create means of delivery of weapons of mass destruction, weapons and military equipment, in respect of which control of specific goods has been established, –
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.
2. 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.
Footnote. Article 286 as amended by the Law of the Republic of Kazakhstan dated 26.12.2017 № 124-VI (shall be enforced from 01.01.2018); dated 11.07.2022 № 136-VII (shall be enforced sixty calendar days after the date of its first official publication); dated 28.12.2022 № 173-VII (shall be enforced sixty calendar days after the date of its first official publication).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 punishable by a fine in the amount of up to two hundred monthly calculation indices, or by corrective labor in the same amount, or by community service for a term of up to one hundred and eighty hours, or by arrest for a term of up to fifty days, with or without confiscation of property.
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 punishable by a fine in the amount of up to two thousand monthly calculation indices, or by corrective labor in the same amount, or by community service for a term of up to six hundred hours, or by restraint of liberty for a term of up to two years, or by deprivation of liberty for the same term, with or without confiscation of property.
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 punishable by a fine in the amount of up to five thousand monthly calculation indices, or correctional labor in the same amount, or restraint of liberty for a term up to five years, or imprisonment for the same term, with or without confiscation of property.
4. The actions, provided by third part of this Article, committed by group of persons on previous concert or repeatedly, -
shall be punishable by imprisonment for a term of three to eight years, with or without confiscation of property.
5. The actions, provided by third or fourth parts of this Article, committed by criminal group, -
shall be punishable by imprisonment for a term of five to ten years, with or without confiscation of property.
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.
Footnote. Article 287 as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication); № 292-VІ as of 27.12.2019 (the enforcement procedure is in Art.2); dated 01.07.2022 № 131-VII (shall be enforced sixty calendar days after the date of its first official publication).Article 288. Illegal production of weapons
1. Illegal manufacture or repair of firearms, their main (component) parts, as well as illegal manufacture of ammunition, explosives 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 with a fine worth up to two hundred monthly calculation indices, or with corrective labor in the same amount, or involvement in community service for a term of up to two hundred and forty hours, or arrest for a term of up to fifty 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.
Footnote. Article 288 is as amended by Law № 292-VІ of the Republic of Kazakhstan as of 27.12.2019 (the enforcement procedure is in Art.2); dated 11.07.2022 № 136-VII (shall be enforced sixty calendar days after the date of its first official publication).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 a fine in the amount of up to two hundred monthly calculation indices or corrective labors in the same amount, or community services for a term of up to two hundred hours, or arrest for a term of up to fifty days.
Footnote. Article 289 as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication).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 a fine in the amount of up to five thousand monthly calculation indices or corrective labors in the same amount, or community services for a term of up to one thousand two hundred hours, or restriction of liberty for a term of up to five years, or deprivation of liberty for the same term, with deprivation of the right to hold certain positions or engage in certain activity for a term of up to three years or without it.
2. Improper fulfillment of obligations for the protection of weapons of mass destruction or materials or equipment that can be used in the creation of weapons of mass destruction, if this entailed grave consequences or created a 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.
Footnote. Article 290 as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 28.12.2022 № 173-VII (shall be enforced sixty calendar days after the date of its first official publication).Article 291. Theft or extortion of weapons, ammunition, explosive substances and explosive devices
1. Theft or extortion of firearms, their main (component) parts, ammunition, explosives or explosive devices, -
shall be punished by imprisonment for the term of three to seven years.
2. Theft or extortion of weapons of mass destruction, as well as materials or equipment that can be used in the creation of mass destruction weapons, –
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.
Footnote. Article 291 as amended by the laws of the Republic of Kazakhstan dated 11.07.2022 № 136-VII (shall be enforced sixty calendar days after the date of its first official publication);dated 28.12.2022 № 173-VII (shall be enforced sixty calendar days after the date of its first official publication).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 a fine in the amount of up to three thousand monthly calculation indices or corrective labors in the same amount, or community services for a term of up to eight hundred hours, or restriction of liberty for a term of up to three years, or deprivation of liberty for the same term, with deprivation of the right to hold certain positions or engage in certain activity for a 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.
Footnote. Article 292 as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication).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 punishable by a fine of five hundred to two thousand monthly calculation indices, or correctional labor in the same amount, or community service for a term of three hundred to six hundred hours, or restriction of liberty for a 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 punishable by a fine of three to seven thousand monthly calculation indices, or correctional labor in the same amount, or community service for a term of up to one thousand two hundred hours, or restriction of liberty for a term of three to six years, or imprisonment for the same term.
3. Acts stipulated by parts one or two of this article, committed with the use or attempted use of firearms, gas weapons, knives, brass knuckles and other bladed weapons or other objects specially adapted to cause harm to health, as well as committed by a criminal group, -
shall be punishable by imprisonment for a term of five to seven years.
4. Excluded by the Law of the Republic of Kazakhstan dated 05.07.2024 № 111-VIII (effective sixty calendar days after the date of its first official publication).Footnote. Article 293 as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 17.03.2023 № 212-VII (shall be enforced sixty calendar days after the date of its first official publication); dated 05.07.2024 № 111-VIII (effective sixty calendar days after the date of its first official publication).
1. Vandalism, i.e. desecration of historical and cultural heritage sites, historical and cultural monuments, natural sites protected by the state, with inscriptions or drawings, or other actions that offend public morality, -
shall be punishable by a fine of one hundred to two hundred monthly calculation indices, or correctional labor in the same amount, or community service for up to one hundred and sixty hours, or arrest for up to fifty days.
2. The same act committed:
1) on motives of social, national, racial or religious enmity;
2) by a group of persons, a group of persons by prior conspiracy;
3) on mercenary motives;
4) repeatedly –
shall be punishable by a fine of five hundred to two thousand monthly calculation indices, or correctional labor in the same amount, or community service for a term of three hundred to six hundred hours, or restriction of liberty for a term of up to three years, or imprisonment for the same term.
Footnote. Article 294 - as amended by the Law of the Republic of Kazakhstan dated 05.07.2024 № 111-VIII (effective sixty calendar days after the date of its first official publication).Article 295. Illegal performance of archeological works
1. Illegal archaeological work –
shall be punished by a fine in the amount of up to two thousand monthly calculation indices or corrective labors in the same amount, or community services for a term of up to six hundred hours, or restriction of liberty for a term of up to two years, or deprivation of liberty for the same term, with deprivation of the right to hold certain positions or engage in certain activity for a term of up to 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 a fine in the amount of up to five thousand monthly calculation indices or corrective labors in the same amount, or community services for a term of up to one thousand two hundred hours, or restriction of liberty for a term of up to five years, or deprivation of liberty for the same term, with deprivation of the right to hold certain positions or engage in certain activity for a 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.
Footnote. Article 295 as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication); № 289-VІ as of 26.12.2019 (shall be enforced ten calendar days after its first official publication).Article 295-1. Illicit trafficking in precious metals and precious stones, commodities containing precious metals
1. Illegal mining, acquisition, sale, storage, transportation, transfer of precious metals or precious stones, raw materials containing precious metals, –
shall be punishable by a fine in the amount of up to 200 monthly calculation indices, or by corrective labor in the same amount, or by engagement in public works for a term of up to 200 hours, or by arrest for a term of up to 50 days, with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years or without it.
2. The same acts committed on a large scale or causing large damage,
- shall be punishable by a fine in the amount of up to three thousand monthly calculation indices, or by corrective labor in the same amount, or by community service for a term of up to eight hundred hours, or by restraint of liberty for a term of up to three years, or by deprivation of liberty for the same term, with deprivation of the right to hold certain positions or engage in certain activities for up to three years or without it.
3. The acts provided for by parts 1 or 2 of this article, committed by a criminal group or on an especially large scale or causing especially large damage,
- shall be punishable by deprivation of liberty for a term of up to seven years, with deprivation of the right to hold certain positions and engage in certain activities for a term of up to five years.
Footnote. Chapter 10 is supplemented by Article 295-1 in accordance with the Law of the Republic of Kazakhstan dated 02.07.2021 № 62-VII (shall be enforced upon expiry of sixty calendar days after the day of its first official publication). Chapter 11. CRIMINAL INFRACTIONS AGAINST THE HEALTH OF
POPULATION AND MORALITY
Article 296. Illegal handling of narcotic drugs, psychotropic substances, their analogues with no intent to sell
Footnote. The heading of Article 296 is as amended by Law № 292-VІ of the Republic of Kazakhstan as of 27.12.2019 (the enforcement procedure is in Art.2).
1. Non-medical consumption of narcotic drugs, psychotropic substances, their analogues in public places -
shall be punished by a fine in the amount of up to eighty monthly calculation indices or corrective labors in the same amount, or community services for a term of up to eighty hours, or arrest for a term of up to twenty days.
2. Illegal manufacture, processing, purchase, storage, transportation of narcotic drugs, psychotropic substances, their analogues with no intent to sell –
shall be punished by a fine in the amount of up to one hundred and sixty monthly calculation indices or corrective labors in the same amount, or community services for a term of up to one hundred and sixty hours, or arrest for a term of up to forty 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 a fine in the amount of up to two hundred monthly calculation indices or corrective labors in the same amount, or community services for a term of up to two hundred hours, or arrest for a term of up to fifty 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. The quantity of narcotic drugs and psychotropic substances is determined as small, large and especially large according to the Consolidated Table on the classification of narcotic drugs, psychotropic substances, their analogues and precursors found in illicit trafficking, which is approved by the Government of the Republic of Kazakhstan. The small, large and especially large quantities of analogues of narcotic drugs and psychotropic substances correspond to the small, large and especially large quantities of narcotic drugs and psychotropic substances, of which they are analogues.
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.
Footnote. Article 296 as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication); № 205-VI as of 27.12.2018 (shall be enforced six months after its first official publication); № 292-VІ as of 27.12.2019 (the enforcement procedure is in Art.2).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 deeds provided for by the first or second parts 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 an official using his/her official position;
5) through the use of electronic information resources;
6) in a public place –
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.
Footnote. Article 297 is as amended by Law № 292-VІ of the Republic of Kazakhstan as of 27.12.2019 (the enforcement procedure is in Art.2); dated 03.01.2023 № 188-VII (shall be enforced sixty calendar days after the date of its first official publication).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 punishable by deprivation of liberty for a term of three to seven years, with or without confiscation of property.
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.
Footnote. Article 298 as amended by the law of the Republic of Kazakhstan dated 01.07.2022 № 131-VII (shall be enforced sixty calendar days after the date of its first official publication).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 a fine in the amount of up to four thousand monthly calculation indices or corrective labors in the same amount, or community services for a term of up to one thousand hours, or restriction of liberty for a term of up to four years, or deprivation of liberty for the same term.
2. The same action, committed:
1) by group of persons on previous concert;
2) repeatedly;
3) through the use of electronic information resources –
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.
Footnote. Article 299 as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication); № 292-VІ as of 27.12.2019 (the enforcement procedure is in Art.2).Article 299-1. Propaganda or illegal advertising of narcotic drugs, psychotropic substances or their analogues, precursors
1. Propaganda or illegal advertising of narcotic drugs, psychotropic substances or their analogues, precursors -
shall be punishable by deprivation of liberty for a term of up to three years with or without confiscation of property.
2. The same acts committed:
1) by a group of persons by previous concert;
2) repeatedly;
3) in educational institutions, as well as in mass gathering facilities;
4) through the use of mass media, telecommunications networks or online platforms;
5) using official position –
shall be punishable by deprivation of liberty for a term of three to six years with or without confiscation of property.
Footnote. Chapter 11 is supplemented with Article 299-1 in accordance with Law № 292-VІ of the Republic of Kazakhstan as of 27.12.2019 (the enforcement procedure is in Art.2); as amended by the law of the Republic of Kazakhstan dated 01.07.2022 № 131-VII (shall be enforced sixty calendar days after the date of its first official publication); dated 19.06.2024 № 94-VIII (shall be enforced upon expiry of sixty calendar days after its first official publication).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 a fine in the amount of up to two thousand monthly calculation indices or corrective labors in the same amount, or community services for a term of up to six hundred hours, or restriction of liberty for a term of up to two years, or deprivation of liberty 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.
Footnote. Article 300 as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication).Article 301. Illegal trafficking in poisonous substances, and also substances, tools and equipment used to manufacture or process narcotic drugs, psychotropic substances, their analogues or poisonous substances
Footnote. The heading of Article 301 is as amended by Law № 292-VІ of the Republic of Kazakhstan as of 27.12.2019 (the enforcement procedure is in Art.2).
1. Illegal manufacture, processing, purchase, storage, transportation, shipping with intent to sell, as well as illegal sale of poisonous substances that are not narcotic drugs, psychotropic substances, their analogues, or tools or equipment for their manufacture or processing -
shall be punishable by deprivation of liberty for a term of up to five years, with or without confiscation of property.
2. Illegal manufacture, purchase, storage, transportation, shipping with intent to sell, as well as illegal sale of substances, their analogues, tools or equipment used to manufacture or process narcotic drugs, psychotropic substances -–
shall be punishable by deprivation of liberty for a term of three to seven years, with or without confiscation of property.
3. The acts, provided for by parts one or two of this article, which are committed:
1) by a person using his/her official position;
2) by a group of persons by previous concert;
3) repeatedly;
4) through the use of electronic information resources -
shall be punishable by deprivation of liberty for a term of seven to ten years, with or without confiscation of property.
4. The acts, provided for by parts one or two of this article, committed by a criminal group -
shall be punishable by deprivation of liberty for a term of ten to fifteen years, with or without confiscation of property.
Footnote. Article 301 is as amended by Law № 292-VІ of the Republic of Kazakhstan as of 27.12.2019 (the enforcement procedure is in Art.2); dated 01.07.2022 № 131-VII (shall be enforced sixty calendar days after the date of its first official publication).Article 301-1. Trafficking in smokeless tobacco products, electronic consumption systems (vapes), flavorings and liquids for them
1. Sale and distribution of smokeless tobacco products, electronic consumption systems (vapes), flavors and liquids for them –
shall be punished by a fine in an amount up to two hundred monthly calculation indices or corrective labor in the same amount, or community services for a term up to two hundred hours, or arrest for a term up to fifty days.
2. Import, manufacture of smokeless tobacco products, electronic consumption systems (vapes), flavorings and liquids for them –
shall be punished by a fine in an amount up to two thousand monthly calculation indices or corrective labor in the same amount, or community services for a term up to six hundred hours, or restriction of freedom for up to two years, or imprisonment for the same period, with or without confiscation of property.
3. Acts, provided for in parts one or two of this article, if they:
1) have been committed by a criminal group;
2) are associated with the extraction of income on a particularly large scale;
3) have been committed repeatedly, –
shall be punished by a fine in the amount of up to five thousand monthly calculation indices, or corrective labor in the same amount, or involvement in community service for a term of up to one thousand two hundred hours, or restriction of freedom for a term of up to five years, or imprisonment for the same term, with confiscation of property.
Footnote. Chapter 11 is supplemented with Article 301-1 in accordance with the Law of the Republic of Kazakhstan dated 19.04.2024 № 74-VIII (shall be enforced upon expiry of sixty calendar days after its first official publication).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 a fine in the amount of up to one hundred and sixty monthly calculation indices or corrective labors in the same amount, or community services for a term of up to one hundred and sixty hours, or arrest for a term of up to forty days, with deprivation of the right to hold certain positions or engage in certain activity for a 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 a fine in the amount of up to three thousand monthly calculation indices or corrective labors in the same amount, or community services for a term of up to eight hundred hours, or restriction of liberty for a term of up to three years, or deprivation of liberty for the same term, with deprivation of the right to hold certain positions or engage in certain activity for a term of up to three years.
Footnote. Article 303 as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication).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 a fine in the amount of up to two thousand monthly calculation indices or corrective labors in the same amount, or community services for a term of up to six hundred hours, or restriction of liberty for a term of up to two years, or deprivation of liberty for the same term, with deprivation of the right to hold certain positions or engage in certain activity for a 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.
Footnote. Article 304 as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication).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 a fine in the amount of up to two thousand monthly calculation indices or corrective labors in the same amount, or community services for a term of up to six hundred hours, or restriction of liberty for a term of up to two years, or deprivation of liberty for the same term, with deprivation of the right to hold certain positions or engage in certain activity for a 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 a fine in the amount of up to four thousand monthly calculation indices or corrective labors in the same amount, or community services for a term of up to one thousand hours, or restriction of liberty for a term of up to four years, or deprivation of liberty for the same term, with deprivation of the right to hold certain positions or engage in certain activity for a term of up to three years or without it.
Footnote. Article 305 as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication).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 a fine in the amount of up to one hundred and sixty monthly calculation indices or corrective labors in the same amount, or community services for a term of up to one hundred and sixty hours, or arrest for a term of up to forty days, with deprivation of the right to occupy certain positions or engage in certain activity for a 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 a fine in the amount of up to five thousand monthly calculation indices or corrective labors in the same amount, or community services for a term of up to one thousand two hundred hours, or restriction of liberty for a term of up to five years, or deprivation of liberty for the same term, with deprivation of the right to hold certain positions or engage in certain activity for a 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.
Footnote. Article 306 as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication).Article 307. Organization of illegal gambling business
1. Illegal opening or maintenance of a gambling establishment or illegal organization of activities in the gambling business, as well as provision of premises for illegal gambling business or organization and conduct of gambling outside the places established by the legislation of the Republic of Kazakhstan on gambling business, organization of activities of electronic casinos and Internet casinos or pursuing activities in the gambling business without a license -
shall be punished by a fine in the amount of up to two thousand monthly calculation indices or corrective labors in the same amount, or community services for a term of up to six hundred hours, or restriction of liberty for a term of up to two years, or deprivation of liberty 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 a fine in the amount of up to five thousand monthly calculation indices or corrective labors in the same amount, or community services for a term of up to one thousand two hundred hours, or restriction of liberty for a term of up to five years, or deprivation of liberty 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 deprivation of liberty for a term of four to seven years with confiscation of property, and in the cases provided for by paragraph 2), deprivation of liberty for the same term or a fine in the amount of ten to twenty times the amount of income received, with confiscation of property, by paragraph 3), with life deprivation of liberty of the right to hold certain positions or engage in certain activity.
Footnote. Article 307 as amended by the Laws of the Republic of Kazakhstan dated 03.07.2017 № 84-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 08.07.2024 № 116-VIII (effective sixty calendar days after the date of its first official publication).Article 308. Involvement in prostitution, provision of other sexual services
Footnote. The Heading of Article 308 as amended by the Law of the Republic of Kazakhstan dated 05.07.2024 № 111-VIII (effective sixty calendar days after the date of its first official publication).
1. Involvement in prostitution, provision of other services of a sexual nature through the use or threat of violence, use of a dependent position, blackmail, destruction or damage of property or through deception, as well as through propaganda and (or) advertising of prostitution, other services of a sexual nature for these purposes -
shall be punished by a fine in the amount of up to three thousand monthly calculation indices or corrective labors in the same amount, or community services for a term of up to eight hundred hours, or restriction of liberty for a term of up to three years, or deprivation of liberty 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.
Footnote. Article 308 as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 05.07.2024 № 111-VIII (effective sixty calendar days after the date of its first official publication).Article 309. Organization or maintenance of brothels for prostitution, provision of other services of a sexual nature and pimpship
Footnote. Article 309- as amended by the Law of the Republic of Kazakhstan dated 05.07.2024 № 111-VIII (effective sixty calendar days after the date of its first official publication).
1. Organization or maintenance of brothels for prostitution, provision of other services of a sexual nature, as well as pimpship for mercenary purposes -
shall be punished by imprisonment for the term of five years with confiscation of property.
2. The same acts committed:
1) by a group of persons by prior conspiracy;
2) repeatedly;
3) through the use of telecommunications networks, including the Internet;
4) by propaganda and (or) advertising of prostitution, other services of a sexual nature for these purposes;
5) with the involvement of a minor in prostitution, provision of other services of a sexual nature, -
shall be punishable by imprisonment for a 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.
Footnote. Article 309- as amended by the Law of the Republic of Kazakhstan dated 05.07.2024 № 111-VIII (effective sixty calendar days after the date of its first official publication).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 a fine in the amount of up to two thousand monthly calculation indices or corrective labors in the same amount, or community services for a term of up to six hundred hours, or restriction of liberty for a term of up to two years, or deprivation of liberty 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.
Footnote. Article 310 as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication).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 a fine in the amount of up to two thousand monthly calculation indices or corrective labors in the same amount, or community services for a term of up to six hundred hours, or restriction of liberty for a term of up to two years, or deprivation of liberty for the same term, with confiscation of property or without it.
Footnote. Article 311 as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication).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. Involving minors as models or actors in the production of pornographic materials and (or) items, and also as performers in spectacular pornographic events by a person who has reached the age of eighteen -
shall be punishable by imprisonment for a term of five to ten years, with confiscation of property, with life-long deprivation of the right to hold certain positions or engage in certain activities.
3. The acts, provided for by parts one or two of this article, committed:
1) by a parent, teacher or another person entrusted with the obligation to educate a minor by the law of the Republic of Kazakhstan;
2) against a person known to be a minor;
3) by a group of persons by previous concert or by a criminal group;
4) repeatedly –
shall be punished with imprisonment for a term of ten to fifteen years with confiscation of property, with lifetime deprivation of the right to hold certain positions or engage in certain activities.
Footnote. Article 312 is as amended by Law№ 292-VІ of the Republic of Kazakhstan as of 27.12.2019 (the enforcement procedure is in Art.2); dated 30.12.2020 № 393-VI (shall be enforced upon expiry of ten calendar days after the day of its first official publication).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 a fine in the amount of up to two thousand monthly calculation indices or corrective labors in the same amount, or community services for a term of up to six hundred hours, or restriction of liberty for a term of up to two years, or deprivation of liberty for the same term, with confiscation of property or without it.
Footnote. Article 313 as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication).Article 313-1. Propaganda of suicide
1. Propaganda of suicide, i.e. deliberate dissemination of information in any form with the aim of inciting an unlimited number of persons to commit suicide, in the absence of signs of criminal infractions provided for by Article 105 of this Code, –
shall be punished by the penalty in the amount of two hundred monthly calculation indices or corrective labor in the same amount.
2. An act provided for in paragraph one of this article which has resulted in an attempted suicide of one or more persons, –
shall be punished by restriction of freedom for one year or imprisonment for the same term.
3. The act provided by part one of the present article, which has entailed suicide of a person, -
shall be punished by imprisonment for a term of three to five years.
Footnote. Chapter 11 is supplemented with Article 313-1 in accordance with the Law of the Republic of Kazakhstan dated 15.04.2024 № 72-VIII (shall be enforced upon expiry of sixty calendar days after its first official publication).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 a fine in the amount of up to three thousand monthly calculation indices or corrective labors in the same amount, or community services for a term of up to eight hundred hours, or restriction of liberty for a term of up to three years, or deprivation of liberty 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 a fine in the amount of up to five thousand monthly calculation indices or corrective labors in the same amount, or community services for a term of up to one thousand two hundred hours, or restriction of liberty for a term of up to five years, or deprivation of liberty for the same term.
Footnote. Article 314 as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication).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. Cruel treatment of an animal
1. Cruel treatment of an animal resulting in its mutilation, –
shall be punishable by a fine in the amount of up to one hundred and twenty monthly calculation indices, or by corrective labor in the same size, or by community service for a term of up to one hundred and twenty hours, or by arrest for a term of up to thirty days.
2. Cruel treatment of an animal that caused its death, –
shall be punishable by a fine in the amount of up to 200 monthly calculation indices, or by corrective labor in the same amount, or by community service for a term of up to 200 hours, or by arrest for a term of up to 50 days, with deprivation of the right to occupy certain positions or engage in certain activities for a term up to one year or without it.
3. The deeds referred to in the first or second parts of this article, committed:
1) in relation to two or more animals;
2) by a group of persons, a group of persons in prior collusion;
3) repeatedly;
4) in the presence of minors;
5) publicly or through the use of mass media, telecommunications networks or online platforms, –
shall be punishable by a fine in the amount of up to one thousand monthly calculation indices, or by corrective labor in the same amount, or by community service for a term of up to four hundred hours, or by restraint of liberty for a term of up to one year, or by deprivation of liberty for the same term, with deprivation of the right to certain positions or engage in certain activities for a period of up to two years or without it.
Footnote. Article 316 - as amended by the Law of the Republic of Kazakhstan dated 30.12. 2021 № 98-VII (shall be enforced sixty calendar days after the date of its first official publication); as amended by the Law of the Republic of Kazakhstan dated 19.06.2024 № 94-VIII (shall be enforced upon expiry of sixty calendar days after its first official publication).Chapter 12. MEDICAL CRIMINAL INFRACTIONS
Article 317. Improper performance of professional obligations by medical or pharmaceutical worker
1. Non-performance, improper performance of professional duties by a medical or pharmaceutical worker due to negligent or unconscientious attitude to them, if these acts entailed infliction of harm of average gravity to human health by negligence, –
shall be punished by a fine in the amount of up to one hundred monthly calculation indices or corrective labor in the same amount, or attraction to community services for the term up to one hundred hours, or arrest for the term up to thirty days.
2. Acts provided for in part one of this article, which have caused by negligence the infliction of grievous harm to health, –
shall be punished by a fine in the amount of up to two thousand monthly calculation indices, or corrective labor in the same amount, or restriction of freedom for a term of up to two years, or imprisonment for the same term, with or without deprivation of the right to hold certain positions or engage in certain activities for a term of up to one year.
3. Acts provided for in part one of this article, which have caused the death of a person by negligence, –
shall be punished by restriction of freedom for the term up to four years or imprisonment for the same term with deprivation of the right to hold the certain positions or to engage in the certain activities for the term up to three years.
4. Acts provided for in part one of this article, which have caused the death of two or more persons by negligence, –
shall be punished by restriction of freedom for the term up to six years or imprisonment for the same term with deprivation of the right to hold the certain positions or to engage in the certain activities for the term up to three years.
5. Improper performance of professional duties by a medical worker, as well as an employee of a domestic or other public service organization due to negligent or dishonest attitude towards them, if this act resulted in the infection of another person with HIV, –
shall be punished by restriction of freedom for the term up to five years or imprisonment for the same term with deprivation of the right to hold the certain positions or to engage in the certain activities for the term up to three years.
Footnote. Article 317 - as amended by the Law of the Republic of Kazakhstan dated 19.04.2024 № 74-VIII (shall be enforced upon expiry of ten calendar days after its first official publication).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. Excluded by the Law of the Republic of Kazakhstan dated 07.07.2020 № 361-VI (shall be enforced upon expiry of ten calendar days after the day of its first official publication).
2. Violation of the procedure for conducting clinical trials and application of new methods and means of prevention, diagnosis, treatment and medical rehabilitation, committed by an official or entailing grave consequences, -
shall be punished by a fine in the amount of up to four thousand monthly calculation indices or corrective labors in the same amount, or community services for a term of up to one thousand hours, or restriction of liberty for a term of up to four years, or deprivation of liberty for the same term, with deprivation of the right to hold certain positions or engage in certain activity for a term of up to five years.
Footnote. Article 318 as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 07.07.2020 № 361-VI (shall be enforced upon expiry of ten calendar days after the day of its first official publication).Article 319. Illegal artificial termination of pregnancy
Footnote. The heading of Article 319 is as amended by the Law of the Republic of Kazakhstan dated 07.07.2020 № 361-VI (shall be enforced upon expiry of ten calendar days after the day of its first official publication).
1. Performance of an artificial termination of pregnancy by a person who does not have a higher medical education of the relevant profile, -
shall be punished by a fine in the amount of up to two thousand monthly calculation indices or corrective labors in the same amount, or community services for a term of up to six hundred hours, or restriction of liberty for a term of up to two years, or deprivation of liberty for the same term.
2. The action, provided by first part of this Article, committed repeatedly, -
shall be punished by a fine in the amount of up to four thousand monthly calculation indices or corrective labors in the same amount, or community services for a term of up to one thousand hours, or restriction of liberty for a term of up to four years, or deprivation of liberty for the same term.
3. Illegal performance of artificial termination of pregnancy by a person who has a higher medical education of the relevant profile, -
shall be punished by a fine in the amount of up to one thousand monthly calculation indices or corrective labors in the same amount, or community services for a term of up to four hundred hours, or restriction of liberty for a term of up to one year, or deprivation of liberty for the same term, with deprivation of the right to hold certain positions or engage in certain activity for a term of up to three years.
4. The action, provided by third part of this Article, committed repeatedly, -
shall be punished by a fine in the amount of up to three thousand monthly calculation indices or corrective labors in the same amount, or community services for a term of up to eight hundred hours, or restriction of liberty for a term of up to three years, or deprivation of liberty for the same term, with deprivation of the right to hold certain positions or engage in certain activity for a term of up to three years.
5. Illegal performance of artificial termination of pregnancy, that by negligence resulted in the death of the victim or infliction of grave harm to her health, -
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.
Footnote. Article 319 as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 07.07.2020 № 361-VI (shall be enforced upon expiry of ten calendar days after the day of its first official publication).Article 320. Failure to provide medical assistance
Footnote. The heading of Article 320 is as amended by the Law of the Republic of Kazakhstan dated 07.07.2020 № 361-VI (shall be enforced upon expiry of ten calendar days after the day of its first official publication).
1. Failure to provide medical care to a patient without good reason by a person obliged to provide it in accordance with the laws of the Republic of Kazakhstan and (or) the standards of the organization of medical care, and (or) the rules for the provision of medical care, if this negligently resulted in causing moderate harm to the health of the patient , –
shall be punished by a fine of up to two hundred monthly calculation indices, or corrective labors for the same amount, or by community services for a term of up to two hundred hours, or by arrest for a term up to fifty days, with deprivation of the right to hold certain positions or engage in certain activity for a 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.
Footnote. Article 320 as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 07.07.2020 № 361-VI (shall be enforced upon expiry of ten calendar days after the day of its first official publication).Article 321. Disclosure of secret of a medical worker
Footnote. The heading of Article 321 is as amended by the Law of the Republic of Kazakhstan dated 07.07.2020 № 361-VI (shall be enforced upon expiry of ten calendar days after the day of its first official publication).
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 a fine in the amount of up to one hundred and sixty monthly calculation indices or corrective labors in the same amount, or community services for a term of up to one hundred and sixty hours, or arrest for a term of up to forty days, with deprivation of the right to occupy certain positions or engage in certain activity for a 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 a fine in the amount of up to four thousand monthly calculation indices or corrective labors in the same amount, or community services for a term of up to one thousand hours, or restriction of liberty for a term of up to four years or deprivation of liberty for the same term, with deprivation of the right to hold certain positions or engage in certain activity for a term of up to three years or without it.
Footnote. Article 321 as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 07.07.2020 № 361-VI (shall be enforced upon expiry of ten calendar days after the day of its first official publication).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 a fine in the amount of up to two hundred monthly calculation indices or corrective labors in the same amount, or community services for a term of up to two hundred hours, or arrest for a term of up to fifty days, with deprivation of the right to hold certain positions and engage in certain activity for a 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 a fine in the amount of up to three thousand monthly calculation indices or corrective labors in the same amount, or community services for a term of up to eight hundred hours, or restriction of liberty for a term of up to three years, or deprivation of liberty for the same term, with deprivation of the right to hold certain positions or engage in certain activity for a 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 a fine in the amount of up to five thousand monthly calculation indices or corrective labors in the same amount, or community services for a term of up to one thousand two hundred hours, or restriction of liberty for a term of up to five years, or deprivation of liberty for the same term, with deprivation of the right to hold certain positions or engage in certain activity for a term of up to three years or without it.
Footnote. Article 322 as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication).Article 323. Handling with counterfeit medicines or medical products
Footnote. The title of Article 323 is in the wording of the Law of the Republic of Kazakhstan dated 28.12.2018 № 211-VI (shall be enforced upon expiry of ten calendar days after its first official publication).
1. Production, manufacture or storage for the purposes of sale, as well as the use or sale of counterfeit medicines or medical products, if this entailed grave consequences, –
shall be punished by a fine in the amount of up to two thousand monthly calculation indices or corrective labors in the same amount, or community services for a term of up to six hundred hours, or restriction of liberty for a term of up to two years, or deprivation of liberty for the same term, with confiscation of property, with deprivation of the right to hold certain positions or engage in certain activity for a 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 a fine in the amount of up to five thousand monthly calculation indices or corrective labors in the same amount, or community services for a term of up to one thousand two hundred hours, or restriction of liberty for a term of up to five years, or deprivation of liberty for the same term, with confiscation of property, with deprivation of the right to hold certain positions or engage in certain activity for a 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.
Footnote. Article 323 as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 28.12.2018 № 211-VI (shall be enforced upon expiry of ten calendar days after its first official publication).Chapter 13. ENVIRONMENTAL CRIMINAL INFRACTION
Article 324. Violation of environmental requirements to the economic or other activity
1. Breach of environmental requirements when using natural resources, designing, locating, building or reconstructing, commissioning or operating enterprises, structures or other facilities, operating industrial, energy, transport or communications facilities, agricultural and melioration facilities, building towns or other settlements, requirements to military or defense facilities, military or space activities, if this act has caused or could cause major damage, or caused harm to human health, –
shall be punished by a fine in the amount of up to three thousand monthly calculation indices or corrective labors in the same amount, or community services for a term of up to eight hundred hours, or restriction of liberty for a term of up to three years, or deprivation of liberty for the same term, with deprivation of the right to hold certain positions or engage in certain activity for a term of up to two years or without it.
2. An act, provided for by paragraph 1 of this article, which caused especially large damage or the death of a 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.
Footnote. Article 324 as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 03.01.2023 № 186-VII (shall be enforced sixty calendar days after the date of its first official publication).Article 325. Violation of environmental requirements upon handling with environmentally potentially dangerous chemical or biological substances
1. Breach of environmental requirements in the production, transportation, storage, burial, use or other handling of potentially hazardous to the environment chemical or biological substances, if this act caused or could cause significant damage or harm to human health, -
shall be punished by a fine in the amount of up to one hundred and sixty monthly calculation indices or corrective labors in the same amount, or community services for a term of up to one hundred and sixty hours, or arrest for a term of up to forty days.
2. The same act that has caused or created a threat of causing major damage, as well as committed in a territory with an environmental emergency, -
shall be punished by a fine in the amount of up to three thousand monthly calculation indices or corrective labors in the same amount, or community services for a term of up to eight hundred hours, or restriction of liberty for a term of up to three years, or deprivation of liberty for the same term, with deprivation of the right to hold certain positions or engage in certain activity for a term of up to two years or without it.
3. Acts provided for by paragraphs 1 or 2 of this Article, which resulted in the infliction of particularly large damage or the death of a 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.
Footnote. Article 325 as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 03.01.2023 № 186-VII (shall be enforced sixty calendar days after the date of its first official publication).Article 326. Violation of environmental requirements upon handling with microbiological or other biological agents or toxins
1. Breach of environmental requirements in the storage, destruction or burial of microbiological or other biological agents or toxins, or their illicit conveyance to the Republic of Kazakhstan for processing, storage or burial, if this act caused or could cause significant damage or harm to human health, -
shall be punished by a fine in the amount of up to one hundred and sixty monthly calculation indices or corrective labors in the same amount, or community services for a term of up to one hundred and sixty hours, or arrest for a term of up to forty days.
2. The same act that has caused or created a threat of causing major damage, as well as committed in a territory with an environmental emergency, -
shall be punished by a fine in the amount of up to three thousand monthly calculation indices or corrective labors in the same amount, or community services for a term of up to eight hundred hours, or restriction of liberty for a term of up to three years, or deprivation of liberty for the same term, with deprivation of the right to hold certain positions or engage in certain activity for a term of up to two years or without it.
3. Acts provided for by paragraphs 1 or 2 of this Article, which have resulted in the infliction of particularly large damage or the death of a 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.
Footnote. Article 326 as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 03.01.2023 № 186-VII (shall be enforced sixty calendar days after the date of its first official publication).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 a fine in the amount of up to three thousand monthly calculation indices or corrective labors in the same amount, or community services for a term of up to eight hundred hours, or restriction of liberty for a term of up to three years, or deprivation of liberty for the same term.
2. Violation of rules, established for disease control and plant pests, entailed the grave consequences, -
shall be punished by a fine in the amount of up to two thousand monthly calculation indices or corrective labors in the same amount, or community services for a term of up to six hundred hours, or restriction of liberty for a term of up to two years, or deprivation of liberty for the same term.
Footnote. Article 327 as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication).Article 328. Pollution, clogging or depletion of waters
1. Pollution, littering, depletion of surface or ground waters, glaciers, drinking water sources, or any other change in their natural properties, if this caused or could cause significant damage or caused harm to human health, -
shall be punished by a fine in the amount of up to one hundred and sixty monthly calculation indices or corrective labors in the same amount, or community services for a term of up to one hundred and sixty hours, or arrest for a term of up to forty days.
2. The same acts that have caused or created a threat of causing major damage, also committed in specially protected natural areas or in areas with an environmental emergency, –
shall be punished by a fine in the amount of up to three thousand monthly calculation indices or corrective labors in the same amount, or community services for a term of up to eight hundred hours, or restriction of liberty for a term of up to three years, or deprivation of liberty for the same term, with deprivation of the right to hold certain positions or engage in certain activity for a term of up to two years or without it.
3. Acts provided for by paragraphs 1 or 2 of this Article, which have resulted in the infliction of particularly large damage or the death of a 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.
Footnote. Article 328 as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 03.01.2023 № 186-VII (shall be enforced sixty calendar days after the date of its first official publication).Article 329. Pollution of the atmosphere
1. Pollution of atmospheric air or any other change in its natural properties as a result of breaching the environmental requirements, if this deed caused major damage or harm to human health, -
shall be punished by a fine in the amount of up to three thousand monthly calculation indices or corrective labors in the same amount, or community services for a term of up to eight hundred hours, or restriction of liberty for a term of up to three years, or deprivation of liberty for the same term, with deprivation of the right to hold certain positions or engage in certain activity for a term of up to two years or without it.
2. The same act, which caused especially large damage or death of a 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.
Footnote. Article 329 as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 03.01.2023 № 186-VII (shall be enforced sixty calendar days after the date of its first official publication).Article 330. Pollution of the marine environment
1. Pollution of the marine environment as a result of breaching the environmental requirements, if this act has caused major damage or harm to human health, -
shall be punished by a fine in the amount of up to three thousand monthly calculation indices or corrective labors in the same amount, or community services for a term of up to eight hundred hours, or restriction of liberty for a term of up to three years, or deprivation of liberty for the same term, with deprivation of the right to hold certain positions or engage in certain activity for a term of up to two years or without it.
2. The same act, which caused especially large damage or death of a 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.
Footnote. Article 330 as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 03.01.2023 № 186-VII (shall be enforced sixty calendar days after the date of its first official publication).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 a fine in the amount of up to two thousand monthly calculation indices or corrective labors in the same amount, or community services for a term of up to eight hundred hours, or restriction of liberty for a term of up to three years, or deprivation of liberty for the same term, with deprivation of the right to hold certain positions or engage in certain activity for a 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 a fine in the amount of up to two hundred monthly calculation indices or corrective labors in the same amount, or community services for up to two hundred hours, or arrest for up to fifty days, with deprivation of the right to hold certain positions or engage in certain activity for up to three years or without it.
Footnote. Article 331 as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication).Article 332. Spoilage of land
1. Littering of soil with industrial, household or other emissions or waste, as well as poisoning, pollution or other damage to the land with harmful products of economic or other activities due to breach of the rules for handling pesticides, toxic chemicals, fertilizers, plant growth stimulants or other hazardous chemical, radioactive or biological substances during their storage, use, transportation or burial, if these acts caused or could cause major damage or harm to human health, -
shall be punished by a fine in the amount of up to three thousand monthly calculation indices or corrective labors in the same amount, or community services for a term of up to eight hundred hours, or restriction of liberty for a term of up to three years, or deprivation of liberty for the same term, with deprivation of the right to hold certain positions or engage in certain activity for a term of up to two years or without it.
2. The acts provided for by the first part of this article, which entailed:
1) infliction of particularly large damage or other grave consequences;
2) infliction of major damage in specially protected natural areas or in an ecological emergency zone or in an ecological disaster zone, -
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.
3. The acts provided for by the first part of this article, which have entailed the infliction of particularly large damage or the onset of other grave consequences in specially protected natural areas, -
shall be punishable by imprisonment for a term of three to ten years, with or without deprivation of the right to hold certain positions or engage in certain activities for a term up to five years.
Footnote. Article 332 as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication); № 268-VI as of 28.10.2019 (shall be enforced ten calendar days after its first official publication); dated 03.01.2023 № 186-VII (shall be enforced sixty calendar days after the date of its first official publication).Article 333. Violation of rules of protection and use of subsoil
1. Breach of the rules for the protection and use of subsoil during the design and conduct of subsoil use operations, as well as general environmental requirements at all subsoil use stages, if this act has caused or could have caused major damage, or caused harm to human health, -
shall be punished by a fine in the amount of up to three thousand monthly calculation indices or corrective labors in the same amount, or community services for a term of up to eight hundred hours, or restriction of liberty for a term of up to three years, or deprivation of liberty for the same term, with deprivation of the right to hold certain positions or engage in certain activity for a term of up to two years or without it.
2. The same act, which caused especially large damage or death of a 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.
Footnote. Article 333 as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 03.01.2023 № 186-VII (shall be enforced sixty calendar days after the date of its first official publication).Article 334. Unauthorized subsoil use
1. Unauthorized subsoil use, as well as unauthorized extraction of minerals, if these acts have caused a significant damage, -
shall be punishable by a fine of up to three thousand monthly calculation indices, or by corrective labor in the same amount, or by community service for up to eight hundred hours, or by restraint of liberty for a term of up to three years, or deprivation of liberty for the same term, with confiscation of property, or without it, with deprivation of the right to hold certain positions or engage in certain activities for up to three years or without it.
2. The same acts:
1) causing major damage;
2) committed by a group of persons or a group of persons in collusion;
3) committed repeatedly, -
shall be punishable by a fine of up to four thousand monthly calculation indices, or by corrective labor in the same amount, or by community service for up to one thousand hours, or by restraint of liberty for a term of up to four years, or by deprivation of liberty for the same term, with confiscation of property or without it, with deprivation of the right to hold certain positions or engage in certain activities for up to three years.
3. The deeds provided for by the first or second parts of this article, committed:
1) by a criminal group;
2) in specially protected natural areas;
3) with infliction of particularly large damage, –
shall be punished by imprisonment for a term of three to seven years, with or without confiscation of property, with deprivation of the right to hold certain positions or engage in certain activities for a term of up to ten years.
Footnote. Article 334 - as amended by the Law of the Republic of Kazakhstan dated 03.01.2023 № 186-VII (shall be enforced sixty calendar days after the date of its first official publication).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 with a fine worth up to three thousand monthly calculation indices, or with corrective labor in the same amount, or involvement in community service for a term of up to eight hundred hours, or restriction of liberty for a term of up to three years, or imprisonment for the same term, with confiscation of property, with the deprivation of the right to hold certain positions or engage in certain activities for up to five years.
2. The same action, committed repeatedly,-
shall be punished with a fine worth up to four thousand monthly calculation indices, or with corrective labor in the same amount, or involvement in community service for a term of up to one thousand hours, or restriction of liberty for a term of up to four years, or imprisonment for the same term, with confiscation of property, with the deprivation of the right to hold certain positions or engage in certain activities for up to five years.
3. The acts, provided for by parts one or two of this article, which are committed:
1) against rare and endangered species of animals, and also animals, the use of which is banned, including sturgeon species;
2) in spawning grounds, breeding sites of other aquatic animals or on migration routes thereto;
3) by a person using his/her official position;
4) by a group of persons, a group of persons by previous concert;
5) using a self-propelled floating vehicle;
6) in specially protected natural areas and in areas with an emergency ecological situation -
shall be punished with a fine worth up to six thousand monthly calculation indices, or with corrective labor in the same amount, or restriction of liberty for a term of three to six years, or imprisonment for the same term, with confiscation of property, with deprivation of the right to hold certain positions or engage in certain activities for up to seven years.
4. The acts, provided for by parts one, two or three of this article, which are committed:
1) with causing large-scale damage;
2) by a criminal group;
3) by a person deprived of the right to engage in fishing, hunting other aquatic animals or gathering plants -
shall be punished with imprisonment for a term of six to ten years, with confiscation of property, with the deprivation of the right to hold certain positions or engage in certain activities for a term of up to ten years.
Footnote. Article 335 as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication); № 268-VI as of 28.10.2019 (shall be enforced ten calendar days after its first official publication); № 292-VІ as of 27.12.2019 (the enforcement procedure is in Art.2).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 punishable by a fine in the amount of up to one hundred and sixty monthly calculation indices, or by corrective labor in the same amount, or by engagement in public works for a term of up to one hundred and sixty hours, or by arrest for a term of up to forty days, with deprivation of the right to occupy certain positions or engage in certain activities for a term of up to two years or without it.
Footnote. Article 336 as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 28.10.2019 № 268-VI (shall be enforced upon expiry of ten calendar days after the day of its first official publication); № 292-VІ dated 27.12.2019 (see Article 2 for the order of entry into force).Article 337. Illegal hunting
1. Illegal hunting, also using firearms, pneumatic, throwing, cold weapons, other types of hunting tools, dogs, birds of prey, horseback riding, horse-drawn vehicles, if this act is committed with significant damage, as well as illegal hunting with explosive devices or other means of mass destruction of animals, aircraft, automobiles, motor vehicles, including oversnow equipment, or small craft -
shall be punished with a fine worth up to three thousand monthly calculation indices, or with corrective labor in the same amount, or involvement in community service for a term of up to eight hundred hours, or restriction of liberty for a term of up to three years, or imprisonment for the same term, with confiscation of property, with the deprivation of the right to hold certain positions or engage in certain activities for up to three years.
2. Illegal hunting, provided for by part one of this article, which is committed repeatedly -
shall be punished with a fine worth up to four thousand monthly calculation indices, or with corrective labor in the same amount, or involvement in community service for a term of up to one thousand hours, or restriction of liberty for a term of up to four years, or imprisonment for the same term, with confiscation of property, with the deprivation of the right to hold certain positions or engage in certain activities for a period of up to three years.
3. Illegal hunting, provided for by parts one or two of this article, which is committed by a group of persons, a group of persons by previous concert -
shall be punished with a fine worth up to five thousand monthly calculation indices, or with corrective labor in the same amount, or involvement in community service for a term of up to one thousand two hundred hours, or restriction of liberty for a term of up to five years, or imprisonment for the same term, with confiscation property, with the deprivation of the right to hold certain positions or engage in certain activities for up to five years.
4. Illegal hunting, provided for by parts one, two or three of this article, which is committed:
1) in specially protected natural areas or in areas with emergency ecological situation;
2) against rare and endangered species of animals, and also animals, the use of which is banned;
3) by a person using his/her official position;
4) with causing large damage –
shall be punished with a fine worth up to six thousand monthly calculation indices, or with corrective labor in the same amount, or restriction of liberty for a term of three to six years, or imprisonment for the same term, with confiscation of property, with the deprivation of the right to hold certain positions or engage in certain activities for up to seven years.
5. Is excluded by Law № 268-VI of the Republic of Kazakhstan as of 27.12.2019 (shall be enforced ten calendar days after its first official publication).6. Illegal hunting provided for by parts one, two, three or four of this article, which is committed:
1) by a criminal group;
2) with causing especially large damage;
3) by a person deprived of the right to hunt according to a final and binding court judgment -
shall be punished with imprisonment for a term of from six to ten years, with confiscation of property, with the deprivation of the right to hold certain positions or engage in certain activities for a term of up to ten years.
Footnote. Article 337 as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication); № 268-VI as of 28.10.2019 (shall be enforced ten calendar days after its first official publication); № 292-VІ as of 27.12.2019 (the enforcement procedure is in Art.2).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 a fine in the amount of up to three thousand monthly calculation indices or corrective labors in the same amount, or community services for a term of up to eight hundred hours, or restriction of liberty for a term of up to three years, or deprivation of liberty for the same term, with deprivation of the right to hold certain positions or engage in certain activity for a term of up to three years.
Footnote. Article 338 as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication).Article 339. Illegal handling with rare and endangered, as well prohibited to use the species of plants or animals, their parts or derivatives
1. Illegal hunting, purchase, storage, sale, import, export, transfer, transportation or destruction of rare and endangered species of plants and animals, their parts or derivatives, including the species, the treatment of which is regulated by international treaties of the Republic of Kazakhstan, as well as plants or animals, the use of which, of their parts or derivatives is banned, as well as the destruction of their habitats -
shall be punished with a fine worth up to three thousand monthly calculation indices, or with corrective labor in the same amount, or involvement in community service for a term of up to eight hundred hours, or restriction of liberty for a term of up to three years, or imprisonment for the same term, with confiscation of property, with the deprivation of the right to hold certain positions or engage in certain activities for up to five years.
1-1. Illegal hunting, destruction of a saiga, as well as the purchase, storage, sale, import, export, transfer, transportation of illegally killed saiga or its derivatives, including horns, -
shall be punished with restriction of liberty for a term of three to five years or imprisonment for the same term, with confiscation of property.
2. The acts, provided for in parts one or 1-1 of this article, which are committed:
1) repeatedly;
2) by a group of persons, a group of persons by previous concert;
3) in specially protected natural areas;
4) by a person using his/her official position;
5) with causing large-scale damage -
shall be punished with a fine worth three to seven thousand monthly calculation indices, or with corrective labor in the same amount, or restriction of liberty for a term of three to seven years, or imprisonment for the same term, with confiscation of property, with the deprivation of the right to hold certain positions or engage in certain activities for up to five years.
3. The acts, provided for by parts one, 1-1 or two of this article, which are committed:
1) by a criminal group;
2) with causing especially large damage -
shall be punished with imprisonment for a term of seven to twelve years, with the confiscation of property, with the deprivation of the right to hold certain positions or engage in certain activities for a term of up to five years.
Footnote. Article 339 in edition by the Law of the Republic of Kazakhstan dated № 268-VI as of 28.10.2019 (shall be enforced ten calendar days after its first official publication); as amended by Laws № 292-VІ of the Republic of Kazakhstan as of 27.12.2019 (the enforcement procedure is in Art.2).Article 340. Illegal cutting, destruction or damaging of trees and shrubs
1. Illegal felling, destruction of or damage to trees and shrubs that are not part of the forest fund and are prohibited for felling, except for trees and shrubs of household plots, summer cottage and garden plots, as well as the destruction of or damage to forest crops, seedlings or young plants in nursery forests and plantations, as well as natural young growth, undergrowth, or self-seeding in areas designated for the reproduction of forests and afforestation, causing significant damage -
shall be punishable by a fine in the amount of up to one hundred and sixty monthly calculation indices, or by corrective labor in the same amount, or by community service for a term of up to one hundred and sixty hours, or by arrest for a term of up to forty days, with confiscation of property.
2. Illegal felling, destruction of or damage to trees and shrubs that are part of the forest fund, causing significant damage -
shall be fined in the amount of up to two thousand monthly calculation indices, or by corrective labor in the same amount, or by community service for a term of up to six hundred hours, or by restraint of liberty for a term of up to three years, or by deprivation of liberty for the same term, with confiscation of property, with deprivation of the right to hold certain positions or engage in certain activities for up to three years or without it.
3. The deeds provided for by the first or second parts of this article, committed:
1) by a group of persons or a group of persons in collusion;
2) repeatedly;
3) by a person using his official position;
4) causing major damage;
5) in specially protected natural areas, -
shall be punishable by a fine in the amount of up to three thousand monthly calculation indices, or by corrective labor in the same amount, or by community service for a term of up to eight hundred hours, or by restraint of liberty for a term of up to five years, or by deprivation of liberty for the same term, with confiscation of property, with deprivation of the right to hold certain positions or engage in certain activities for up to three years or without it.
shall be punished by imprisonment for a term of five to ten years with confiscation of property, with deprivation of the right to hold certain positions or engage in certain activities for a term of up to ten years or without it.
4. The actions, provided by first, second or third parts of this Article, committed by criminal group, -
shall be punished with imprisonment for a term of two to five years with confiscation of property.
Footnote. Article 340 as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication); № 268-VI as of 28.10.2019 (shall be enforced ten calendar days after its first official publication); № 292-VІ as of 27.12.2019 (the enforcement procedure is in Art.2); dated 02.01.2021 № 401-VI (shall be enforced from 01.07.2021); dated 03.01.2023 № 186-VII (shall be enforced sixty calendar days after the date of its first official publication).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 with a fine worth up to two thousand monthly calculation indices, or with corrective labor in the same amount, or involvement in community service for a term of up to six hundred hours, or restriction of liberty for a term of up to two years, or imprisonment for the same term, with confiscation of property.
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 with imprisonment for a term of three to eight years with confiscation of property.
Footnote. Article 341 as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication); № 268-VI as of 28.10.2019 (shall be enforced ten calendar days after its first official publication).Article 342. Violation of the regime of protecting specially protected natural areas
Footnote. The heading of Article 342 as amended by the Law of the Republic of Kazakhstan dated 03.01.2023 № 186-VII (shall be enforced sixty calendar days after the date of its first official publication).
1. Violation of the regime of protecting specially protected natural areas, which caused significant damage, –
shall be punishable by a fine in the amount of up to two hundred monthly calculation indices, or by corrective labor in the same amount, or by community service for a term of up to two hundred hours, or by arrest for a term of up to fifty days, with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years or without it, with property confiscation.
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 with a fine worth up to three thousand monthly calculation indices, or with corrective labor in the same amount, or involvement in community service for a term of up to eight hundred hours, or restriction of liberty for a term of up to three years, or imprisonment for the same term, with or without the deprivation of the right to hold certain positions or engage in certain activities for up to three years, with confiscation of property.
3. The acts referred to in part two of this article, if they have been committed:
1) by a group of persons or a group of persons in collusion;
2) by a person using his official position;
3) repeatedly;
4) with infliction of large damage, –
shall be punishable by a fine in the amount of up to four thousand monthly calculation indices, or by corrective labor in the same amount, or by community service for a term of up to one thousand hours, or by restraint of liberty for a term of up to four years, or by deprivation of liberty for the same term, with confiscation of property, with deprivation of the right to hold certain positions or engage in certain activities for up to three years or without it.
4. Acts referred to in the first, second or third parts of this article, which caused especially large damage, -
shall be punishable by imprisonment for a term of three to seven years with confiscation of property, with deprivation of the right to hold certain positions or engage in certain activities for a term up to three years, or without it.
Footnote. Article 342 as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication); № 268-VI as of 28.10.2019 (shall be enforced ten calendar days after its first official publication); № 292-VІ as of 27.12.2019 (the enforcement procedure is in Art.2); dated 03.01.2023 № 186-VII (shall be enforced sixty calendar days after the date of its first official publication).Article 343. Failure to take measures to remediate (eliminate) environmental damage
Footnote. The heading of Article 343 is as amended by the Law of the Republic of Kazakhstan dated 02.01.2021 № 401-VI (shall be enforced from 01.07.2021).
1. Excluded by the Law of the Republic of Kazakhstan dated 02.01.2021 № 401-VI (shall be enforced from 01.07.2021).
2. Evasion from carrying out or improper carrying out of remediation (elimination) of environmental damage by persons who are entrusted with the obligation to carry out such measures, which created a threat of causing death to a person or caused serious or moderate harm to human health, or caused major damage, -
shall be punished by a fine in the amount of up to three thousand monthly calculation indices or corrective labors in the same amount, or community services for a term of up to eight hundred hours, or restriction of liberty for a term of up to three years, or deprivation of liberty for the same term, with deprivation of the right to hold certain positions or engage in certain activity for a term of up to two years or without it.
3. Acts provided for by paragraph two of this article, which caused the death of a person or a mass disease of people, or the infliction of particularly large 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.
Footnote. Article 343 as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 02.01.2021 № 401-VI (shall be enforced from 01.07.2021).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 a fine in the amount of up to two thousand monthly calculation indices or corrective labors in the same amount, or community services for a term of up to six hundred hours, or restriction of liberty for a term of up to two years, or deprivation of liberty for the same term, with deprivation of the right to hold certain positions or engage in certain activity for a 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.
Footnote. Article 344 as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication).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 a fine in the amount of up to one hundred and sixty monthly calculation indices or corrective labors in the same amount, or community services for up to one hundred and sixty hours, or arrest for up to forty days, with deprivation of the right to occupy certain positions or engage in certain activity for up to two years.
2. The same action, entailed infliction of grievous harm to the health of person by negligence, -
shall be punished by a fine in the amount of up to two thousand monthly calculation indices or corrective labors in the same amount, or community services for a term of up to six hundred hours, or restriction of liberty for a term of up to two years, or deprivation of liberty for the same term, with deprivation of the right to hold certain positions or engage in certain activity for a 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.
Footnote. Article 345 as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication).Article 345-1. Violation of traffic rules or operation of vehicles by persons driving them under the influence of alcohol, drugs and (or) intoxicated
1. Violation of traffic rules by a person driving a car, trolleybus, tram or another motor vehicle or operation of vehicles under the influence of alcohol, drugs and (or) intoxicated, entailing, through negligence, moderate bodily harm -
shall be punished with a fine worth up to one thousand monthly calculation indices, or with corrective labor in the same amount, or involvement in community service for a term of up to four hundred hours, or restriction of liberty for a term of up to one year, or imprisonment for the same term, with the deprivation of the right to hold certain positions or engage in certain activities for a period of ten years.
2. The same act, which, through negligence, caused grievous bodily -
shall be punished with a fine worth up to three thousand monthly calculation indices, or with corrective labor in the same amount, or involvement in community service for a term of up to one thousand two hundred hours, or restriction of liberty for a term of up to three years, or imprisonment for the same term, with the deprivation of the right to hold certain positions or engage in certain activities for a period of ten years.
3. The act, provided for by part one of this article, which entailed the death of a person through negligence -
shall be punishable by deprivation of liberty for up to seven years with deprivation of the right to hold certain positions or engage in certain activities for up to ten years.
4. The act, provided for by part one of this article, which, through negligence, entails the death of two or more persons -
shall be punished with imprisonment for a term of seven to ten years with lifetime deprivation of the right to hold certain positions or engage in certain activities.
Note.
The persons specified in this article shall not include those deprived of the right to drive vehicles.
Footnote. Chapter 14 is supplemented with Article 345-1 in accordance with Law № 292-VІ of the Republic of Kazakhstan as of 27.12.2019 (the enforcement procedure is in Art.2); as amended by the Law of the Republic of Kazakhstan dated 03.01.2023 № 188-VII (shall be enforced sixty calendar days after the date of its first official publication).Article 346. Driving a vehicle by a person deprived of this right and being under the influence of alcohol, drugs and (or) intoxicated, and also transferring the operation of a vehicle to such a person or admission of such a person to driving a vehicle
1. Driving a vehicle by a person deprived of this right and being under the influence of alcohol, drugs and (or) intoxicated, or transferring the operation of a vehicle to such a person, and also admission of such a person to driving a vehicle, which is committed by an official or owner, or possessor of a vehicle -
shall be punished with a fine worth up to five thousand monthly calculation indices, or with corrective labor in the same amount, or involvement in community service for a term of up to one thousand two hundred hours, or restriction of liberty for a term of up to five years, or imprisonment for the same term, with lifetime deprivation of the right to hold certain positions or engage in certain activities.
2. The actions, provided for by part one of this article, which entailed, through negligence, damage to vehicles, goods, road and other structures or other property, as well as causing minor bodily harm, -
shall be punished with imprisonment for a term of four to six years with lifetime deprivation of the right to hold certain positions or engage in certain activities.
3. The same acts that entailed, through negligence, moderate bodily harm -
shall be punished with imprisonment for a term of five to seven years with lifetime deprivation of the right to hold certain positions or engage in certain activities.
4. The acts, provided for by part one of this article, which entailed, through negligence, grievous bodily harm -
shall be punished with imprisonment for a term of six to eight years with lifetime deprivation of the right to hold certain positions or engage in certain activities.
5. The acts, provided for by part one of this article, which entailed the death of a person through negligence -
shall be punished with imprisonment for a term of seven to nine years with lifetime deprivation of the right to hold certain positions or engage in certain activities.
6. The acts, provided for by part one of this article, which entailed the death of two or more persons through negligence -
shall be punished with imprisonment for a term of eight to ten years with lifetime deprivation of the right to hold certain positions or engage in certain activities.
Footnote. Article 346 is as amended by Law № 292-VІ of the Republic of Kazakhstan as of 27.12.2019 (the enforcement procedure is in Art.2).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, 345-1 and 346 of this Code, -
shall be punished by a fine in the amount of up to one thousand monthly calculation indices or corrective labors in the same amount, or community services for a term of up to six hundred hours, or restriction of liberty for a term of up to two years, or deprivation of liberty for the same term, with deprivation of the right to hold certain positions or engage in certain activities for a 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.
Footnote. Article 347 as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 03.01.2023 № 188-VII (shall be enforced sixty calendar days after the date of its first official publication).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 a fine in the amount of up to two hundred monthly calculation indices or corrective labors in the same amount, or community services for a term of up to two hundred hours, or arrest for a term of up to fifty days.
2. The same actions, entailed infliction of grievous harm to the health of person by negligence, -
shall be punished by a fine in the amount of up to two thousand monthly calculation indices or corrective labors in the same amount, or community services for a term of up to six hundred hours, or restriction of liberty for a term of up to two years, or deprivation of liberty for the same term, with deprivation of the right to hold certain positions or engage in certain activity for a 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.
Footnote. Article 348 as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication).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 a fine in the amount of up to two hundred monthly calculation indices or corrective labors in the same amount, or community services for a term of up to two hundred hours, or arrest for a term of up to fifty days.
2. The same actions, entailed infliction of grievous harm to the health of person by negligence, -
shall be punished by a fine in the amount of up to two thousand monthly calculation indices or corrective labors in the same amount, or community services for a term of up to six hundred hours, or restriction of liberty for a term of up to two years, or deprivation of liberty for the same term, with deprivation of the right to hold certain positions or engage in certain activity for a 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.
Footnote. Article 349 as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication).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 a fine in the amount of up to three thousand monthly calculation indices or corrective labors in the same amount, or community services for a term of up to one thousand hours, or restriction of liberty for a term of up to four years, or deprivation of liberty 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.
Footnote. Article 350 as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication).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 a fine in the amount of up to one hundred and sixty monthly calculation indices or corrective labors in the same amount, or community services for a term of up to one hundred and sixty hours, or arrest for a term of up to forty 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.
Footnote. Article 351 as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication).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 a fine in the amount of up to two hundred monthly calculation indices or corrective labors in the same amount, or community services for a term of up to two hundred hours, or arrest for a term of up to fifty days.
2. The same action, entailed infliction of grievous harm to the health of person by negligence, -
shall be punished by a fine in the amount of up to two thousand monthly calculation indices or corrective labors in the same amount, or community services for a term of up to six hundred hours, or restriction of liberty for a term of up to two years, or deprivation of liberty for the same term, with deprivation of the right to hold certain positions or engage in certain activity for a 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.
Footnote. Article 353 as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication).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 a fine in the amount of up to one hundred and sixty monthly calculation indices or corrective labors in the same amount, or community services for a term of up to one hundred and sixty hours, or arrest for a term of up to forty 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 a fine in the amount of up to two thousand monthly calculation indices or corrective labors in the same amount, or community services for a term of up to six hundred hours, or restriction of liberty for a term of up to two years, or deprivation of liberty for the same term, with deprivation of the right to hold certain positions or engage in certain activity for a 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.
Footnote. Article 354 as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication).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 a fine in the amount of up to two thousand monthly calculation indices or corrective labors in the same amount, or community services for a term of up to six hundred hours, or restriction of liberty for a term of up to two years, or deprivation of liberty 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 a fine in the amount of up to five thousand monthly calculation indices or corrective labors in the same amount, or restriction of liberty for a term of up to five years, or deprivation of liberty 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.
Footnote. Article 355 as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication).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 a fine in the amount of up to one hundred and sixty monthly calculation indices or corrective labors in the same amount, or community services for a term of up to one hundred and sixty hours, or arrest for a term of up to forty 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 a fine in the amount of up to two thousand monthly calculation indices or corrective labors in the same amount, or community services for a term of up to six hundred hours, or restriction of liberty for a term of up to two years, or deprivation of liberty for the same term.
Footnote. Article 356 as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication).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 a fine in the amount of up to two thousand monthly calculation indices or corrective labors in the same amount, or community services for a term of up to six hundred hours, or restriction of liberty for a term of up to two years, or deprivation of liberty for the same term, with deprivation of the right to hold certain positions or engage in certain activity for a 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 a fine in the amount of up to one hundred and twenty monthly calculation indices or corrective labors in the same amount, or community services for a term of up to one hundred and twenty hours, or arrest for a term of up to thirty days, with deprivation of the right to hold certain positions or engage in certain activity for a term of up to three years or without it.
Footnote. Article 357 as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication).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 a fine in the amount of up to two hundred monthly calculation indices or corrective labors in the same amount, or community services for up to two hundred hours, or arrest for up to fifty days, with deprivation of the right to hold certain positions or engage in certain activity for up to two years.
2. The same actions, entailed infliction of grievous harm to the health of person by negligence, -
shall be punished by a fine in the amount of up to one thousand monthly calculation indices or corrective labors in the same amount, or community services for a term of up to six hundred hours, or restriction of liberty for a term of up to two years, or deprivation of liberty for the same term, with deprivation of the right to hold certain positions or engage in certain activity for a 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 a fine in the amount of up to three thousand monthly calculation indices or corrective labors in the same amount, or community services for a term of up to one thousand two hundred hours, or restriction of liberty for a term of up to five years, or deprivation of liberty for the same term, with deprivation of the right to hold certain positions or engage in certain activity for a 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.
Footnote. Article 358 as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication).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 a fine in the amount of up to two hundred monthly calculation indices or corrective labors in the same amount, or community services for a term of up to two hundred hours, or arrest for a term of up to fifty days.
2. The same actions, entailed infliction of grievous harm to the health of person by negligence, -
shall be punished by a fine in the amount of up to two thousand monthly calculation indices or corrective labors in the same amount, or community services for a term of up to six hundred hours, or restriction of liberty for a term of up to two years, or deprivation of liberty for the same term, with deprivation of the right to hold certain positions or engage in certain activity for a 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.
Footnote. Article 359 as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication).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 a fine in the amount of up to three thousand monthly calculation indices or corrective labors in the same amount, or community services for a term of up to eight hundred hours, or restriction of liberty for a term of up to three years, or deprivation of liberty for the same term, with deprivation of the right to hold certain positions or engage in certain activity for a 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.
Footnote. Article 360 as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication). 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. The use by a person, authorized to perform state functions, or by a person equated to him or her, or by an official of his or her official authorities against the interests of the service for the purposes of deriving benefits and advantages for himself (herself) or other persons or organizations, or infliction harm to other persons or organizations, if it entailed significant harm to the rights and legitimate interests of citizens or organizations or legally protected interests of society or the state, –
shall be punished by a fine in the amount of up to two thousand monthly calculation indices or corrective labors in the same amount, or community services for a term of up to six hundred hours, or restriction of liberty for a term of up to two years, or deprivation of liberty for the same term, with confiscation of property, with life deprivation of the right to hold certain positions or engage in certain activity.
2. Is excluded by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication).2-1. The same act committed by a law enforcement officer –
shall be punishable by a fine in the amount of up to four thousand monthly calculation indices, or by corrective labor in the same amount, or by community service for a term of up to one thousand hours, or by restraint of liberty for a term of up to four years, or by deprivation of liberty for the same term, with confiscation of property, with life deprivation of the right to hold certain positions or engage in certain activities.
3. an action, provided by first part of this Article, committed by person, holding responsible state position, -
shall be punished by a fine in the amount of up to five thousand monthly calculation indices or corrective labors in the same amount, or community services for a term of up to one thousand two hundred hours, or restriction of liberty for a term of up to five years, or deprivation of liberty for the same term, with confiscation of property, with life deprivation of the right to hold certain positions or engage in certain activity.
4. Acts provided for by paragraphs 1, 2-1 or three of this Article:
1) committed in the interests of a criminal group;
2) committed in the performance of official duties, which are established by the Law of the Republic of Kazakhstan "On Amnesty of Citizens of the Republic of Kazakhstan, repatriates and persons, having a residence permit in the Republic of Kazakhstan, in connection with property legalization by them", using the information obtained in the process of property legalization;
3) entailed grave consequences, –
4) committed by a person holding a responsible state position in a law enforcement agency, or by a judge, –
shall be punished by restriction of liberty for a term of up to seven years or by deprivation of liberty for the same term, with confiscation of property, with life deprivation of the right to hold certain positions or engage in certain activity.
Footnote. Article 361 as amended by the Laws of the Republic of Kazakhstan dated 13.11.2015 № 400-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 19.12.2020 № 384-VI (shall be enforced upon expiry of ten calendar days after the day of its first official publication).Article 362. Excess of powers or official authorities
1. Abuse of power or official authorities, that is, commission by a person, authorized to perform state functions, either by a person equated to him, or by an official of actions that clearly beyond his rights and powers and entailing significant harm to the rights and legitimate interests of citizens or organizations or legally protected interests of society or the state, –
shall be punished by a fine in the amount of up to three thousand monthly calculation indices or corrective labors in the same amount, or community services for a term of up to eight hundred hours, or restriction of liberty for a term of up to three years, or deprivation of liberty for the same term.
2. Is excluded by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication).3. An action, provided by first part of this Article, committed by person, holding responsible state position, -
shall be punished by restriction of liberty for a term of up to seven years or by deprivation of liberty for the same term, with deprivation of the right to hold certain positions or engage in certain activity for a term of up to five years or without it.
4. Actions, provided by parts one and three of this Article, entailed 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,
4) in performance of official duties, which are established by the legislative act of the Republic of Kazakhstan on Amnesty in connection with the legalization of property, –
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.
Footnote. Article 362 as amended by the Laws of the Republic of Kazakhstan dated 13.11.2015 № 400-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication).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 a fine in the amount of up to one hundred and sixty monthly calculation indices or corrective labors in the same amount, or community services for a term of up to one hundred and sixty hours, or arrest for a term of up to forty days.
Footnote. Article 363 as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication).Article 364. Illegal participation in the entrepreneurial activity
1. Establishment of an organization, carrying out entrepreneurial activity, or participation in management of such organization personally or through an authorized attorney, contrary to the prohibition, established by the Law, by a person, authorized to perform state functions, or by a person equated to him (her), or by an official, if this action is associated with provision of benefits and advantages to such an organization or with wardship in other form, –
shall be punished by a fine in the amount of up to one thousand monthly calculation indices or corrective labors in the same amount, or community services for a term of up to four hundred hours, or restriction of liberty for a term of up to one year, or deprivation of liberty for the same term, with confiscation of property, with life deprivation of the right to hold certain positions or engage in certain activity.
2. Is excluded by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication).2-1. The act provided for by part one of this article, committed by a law enforcement officer, –
shall be punishable by a fine in the amount of up to two thousand monthly calculation indices, or by corrective labor in the same amount, or by community service for a term of up to six hundred hours, or by restraint of liberty for a term of up to two years, or by deprivation of liberty for the same term, with confiscation of property, with life deprivation of the right to hold certain positions or engage in certain activities.
3. An action, provided by first part of this Article, committed by person, holding responsible state position, -
shall be punished by a fine in the amount of up to four thousand monthly calculation indices or corrective labors in the same amount, or community services for a term of up to one thousand hours, or restriction of liberty for a term of up to four years, or deprivation of liberty for the same term, with confiscation of property, with life deprivation of the right to hold certain positions or engage in certain activity.
4. An act, provided for by paragraph 1 of this article, committed by a person holding a responsible state position in a law enforcement agency, or by a judge, -
shall be punishable by a fine in the amount of up to five thousand monthly calculation indices, or by corrective labor in the same amount, or by community service for a term of up to one thousand two hundred hours, or by restraint of liberty for a term of up to five years, or by deprivation of liberty for the same term, with confiscation of property, with life deprivation of the right to hold certain positions or engage in certain activities.
Footnote. Article 364 as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 19.12.2020 № 384-VI (shall be enforced upon expiry of ten calendar days after the day of its first official publication).Article 365. Obstruction of engaging in legitimate business activities
Footnote. The heading of Article 365 is as amended by the Law of the Republic of Kazakhstan dated 02.07.2021 № 62-VII (shall be enforced upon expiry of sixty calendar days after the day of its first official publication).
1. Restriction of the rights and legitimate interests of an individual entrepreneur or commercial organization, regardless of the organizational and legal form or form of ownership, as well as restriction of independence or other illegal interference in the activities of an individual entrepreneur or commercial organization, including by violating the procedure for conducting inspections, unlawful refusal in issuing or evading the issuance of a special permit (license) to carry out certain activities, illegal suspension of the activities of a business entity and (or) operations on its bank account, forced unlawful involvement of a private business entity in charity and other activities, unlawful refusal, obstruction in the application or illegal non-use of benefits and preferences, if these acts are committed by a person authorized to perform state functions, or a person equated to him, or an official using his official powers contrary to the interests of the service for the purpose of harming other persons or organizations or deriving benefits and advantages for himself or other persons or organizations, if this caused significant harm to the rights and legitimate interests of citizens or organizations or the interests of society or the state, protected by law, -
shall be punishable by a fine in the amount of up to three thousand monthly calculation indices, or by corrective labor in the same amount, or by community service for a term of up to eight hundred hours, or by restraint of liberty for a term of up to three years, or by deprivation of liberty for the same term, with confiscation of property, with life deprivation of the right to hold certain positions or engage in certain activities.
2. The same actions, committed:
1) is excluded by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication);2) by group of persons on previous concert;
3) on a large scale, -
4) a law enforcement officer, –
shall be punishable by restraint of liberty for a term of up to six years, or imprisonment for the same term, with confiscation of property, with lifelong deprivation of the right to hold certain positions or engage in certain activities.
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;
4) in the performance of official duties, which are established by the Law of the Republic of Kazakhstan "On Amnesty of Citizens of the Republic of Kazakhstan, repatriates and persons, having a residence permit in the Republic of Kazakhstan, in connection with property legalization by them", using the information obtained in the process of property legalization, -
shall be punishable by imprisonment for up to eight years with confiscation of property, with lifelong deprivation of the right to hold certain positions or engage in certain activities.
4. The acts provided for by parts one, two or three of this article, committed by a person holding a responsible state position in a law enforcement agency, or by a judge, -
shall be punishable by imprisonment from six to ten years with confiscation of property, with lifelong deprivation of the right to hold certain positions or engage in certain activities.
Footnote. Article 365 as amended by the Laws of the Republic of Kazakhstan dated 13.11.2015 № 400-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 19.12.2020 № 384-VI (shall be enforced upon expiry of ten calendar days after the day of its first official publication); dated 02.07.2021 № 62-VII (shall be enforced upon expiry of sixty calendar days after the day of its first official publication).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 a fine in the amount from twenty to fifty times the amount of bribe or by deprivation of liberty for a term up to five years with confiscation of property, with life deprivation of the right to occupy certain positions or engage in certain activity.
1-1. The same act, committed by an employee of a law enforcement agency or a person holding a responsible state position in a law enforcement agency, or a judge, -
shall be punishable by a fine in the amount of thirty to fifty fold amount of the bribe, or imprisonment for up to six years, with confiscation of property, with lifelong deprivation of the right to hold certain positions or engage in certain activities.
2. Acts provided for by parts one and 1-1 of this article, committed in a significant amount, as well as receiving a bribe for illegal actions (inaction) -
shall be punished by a fine in the amount from fifty to sixty times the amount of bribe or deprivation of liberty for a term of three to seven years, with confiscation of property, with life deprivation of liberty to hold certain positions or engage in certain activity.
3. The acts provided for by parts one, 1-1 or two 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 a fine in the amount from sixty to seventy times the amount of bribe or by deprivation of liberty for a term of seven to twelve years, with confiscation of property, with life deprivation of the right to hold certain positions or engage in certain activity.
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 a fine in the amount from seventy to eighty times the amount of bribe or deprivation of liberty for a term of ten to fifteen years, with confiscation of property, with life deprivation of the right to hold certain positions or engage in certain activity.
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.
Footnote. Article 366 as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 19.12.2020 № 384-VI (shall be enforced upon expiry of ten calendar days after the day of its first official publication).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 –
is punishable by a fine in the amount of twenty to thirty times the amount of a bribe or imprisonment for up to five years, with confiscation of property, with lifelong deprivation of the right to hold certain positions or engage in certain activities.
2. The same action, committed in significant amount, -
is punishable by a fine in the amount of thirty to forty times the amount of a bribe or imprisonment for a term of three to seven years, with confiscation of property, with life imprisonment for holding certain positions or engaging in certain activities.
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 punishable by a fine in the amount of forty to fifty fold amount of the bribe, or imprisonment for a term of seven to twelve years, with confiscation of property, with lifelong deprivation of the right to hold certain positions or engage in certain activities.
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 punishable by a fine in the amount of fifty to sixty fold amount of the bribe, or imprisonment for a term of ten to fifteen years, with confiscation of property, with lifelong deprivation of the right to hold certain positions or engage in certain activities.
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.
Footnote. Article 367 as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 19.12.2020 № 384-VI (shall be enforced upon expiry of ten calendar days after the day of its first official publication); dated 12.07.2023 № 23-VIII (effective sixty calendar days after the date of its first official publication).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, -
is punishable by a fine in the amount of ten to twenty times the amount of a bribe or imprisonment for up to three years, with confiscation of property, with lifelong deprivation of the right to hold certain positions or engage in certain activities.
2. The same action, committed repeatedly or by criminal group or person with the use of his (her) official position, -
shall be punishable by a fine in the amount of twenty to thirty fold amount of the bribe, or imprisonment for up to six years, with confiscation of property, with lifelong deprivation of the right to hold certain positions or engage in certain activities.
Footnote. Article 368 as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 19.12.2020 № 384-VI (shall be enforced upon expiry of ten calendar days after the day of its first official publication); dated 12.07.2023 № 23-VIII (effective sixty calendar days after the date of its first official publication).Article 369. Forgery by an official
1. Official forgery, that is, introduction by a person, authorized to perform state functions, or by a person, equated to him/her or by an official of knowingly false information in official documents or making corrections to these documents, distorting their actual content, or issuance of knowingly false or forged documents, if these actions are committed for the purposes of deriving benefits and advantages for themselves or other persons or organizations or infliction of harm to other persons or organizations, –
shall be punished by a fine in the amount of up to two thousand monthly calculation indices or corrective labors in the same amount, or community services for a term of up to six hundred hours, or restriction of liberty for a term of up to two years, or deprivation of liberty for the same term, with confiscation of property, with life deprivation of the right to hold certain positions or engage in certain activity.
2. Is excluded by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication).2-1. The same act committed by a law enforcement officer –
shall be punishable by a fine in the amount of up to three thousand monthly calculation indices, or by corrective labor in the same amount, or by community service for a term of up to eight hundred hours, or by restraint of liberty for a term of up to three years, or by deprivation of liberty for the same term, with confiscation of property, with life deprivation of the right to hold certain positions or engage in certain activities.
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 for up to five years or by deprivation of liberty for the same term, with confiscation of property, with life deprivation of the right to hold certain positions or engage in certain activity.
4. An act provided for by part one of this article, if it is committed by a person holding a responsible state position in a law enforcement agency, or by a judge, -
shall be punishable by restraint of liberty for a term of up to seven years, or imprisonment for the same term, with confiscation of property, with lifelong deprivation of the right to hold certain positions or engage in certain activities.
Footnote. Article 369 as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 19.12.2020 № 384-VI (shall be enforced upon expiry of ten calendar days after the day of its first official publication).Article 370. Inaction on service
1. Inaction on service, that is non-performance by the person, authorized for performance of state functions, or the person equated to him (her), or an official of his (her) official duties for the purpose of deriving benefits and advantages for himself (herself) or other persons or organizations, or infliction of harm to other persons or organizations if it entailed essential violation of the rights and legitimate interests of citizens or organizations, or legally protected interests of society or the state, –
shall be punished by a fine in the amount of up to two thousand monthly calculation indices or corrective labors in the same amount, or community services for a term of up to six hundred hours, or restriction of liberty for a term of up to two years, or deprivation of liberty for the same term, with confiscation of property, with life deprivation of the right to hold certain positions or engage in certain activity.
2. Is excluded by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication).2-1. The same act committed by a law enforcement officer –
shall be punishable by a fine in the amount of up to three thousand monthly calculation indices, or by corrective labor in the same amount, or by community service for a term of up to eight hundred hours, or by restraint of liberty for a term of up to three years, or by deprivation of liberty for the same term, with confiscation of property, with life deprivation of the right to hold certain positions or engage in certain activities.
3. The same action, committed by person, holding responsible state position, -
shall be punished by a fine in the amount of up to five thousand monthly calculation indices or corrective labors in the same amount, or community services for a term of up to one thousand two hundred hours, or restriction of liberty for a term of up to five years, or deprivation of liberty for the same term, with confiscation of property, with life deprivation of the right to hold certain positions or engage in certain activity.
4. The acts provided for by parts one, 2-1 or three of this article:
1) entailed grave consequences;
2) committed by a person holding a responsible state position in a law enforcement agency, or by a judge, -
shall be punished by restriction of liberty for up to seven years or by deprivation of liberty for the same term, with confiscation of property, with life deprivation of the right to hold certain positions or engage in certain activity.
Footnote. Article 370 as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 19.12.2020 № 384-VI (shall be enforced upon expiry of ten calendar days after the day of its first official publication).Article 370-1. Inaction in the service of a person holding a responsible public position, or another head of a law enforcement or special state body
Inaction in the service of a person holding a responsible public position in a law enforcement or special state body, or another head of a law enforcement or special state body, consisting in failure to take measures within their powers to prevent attacks on citizens that directly threaten their lives, armed seizure of buildings, destruction of property of citizens or organizations in a generally dangerous way, if this deed was committed under a state of emergency or entailed grave consequences, –
shall be punishable by restraint of liberty for a term up to seven years, or imprisonment for the same term.
Note. In this article:
another head of a law enforcement agency shall mean the head of a territorial or equivalent body or a separate subdivision of a law enforcement body;
another head of a special state body shall mean the head of a department, territorial body, state institution, a separate subdivision of a special state body.
Footnote. Chapter 15 shall be supplemented by Article 370-1 in accordance with the Law of the Republic of Kazakhstan dated 11.07.2022 № 136-VII (shall be enforced sixty calendar days after the date of its first official publication).Article 370-2. Refusal or evasion of a law enforcement or special state body officer from the performance of service duties
1. Refusal by a law enforcement or special state body officer to execute an order issued in prescribed manner, which caused significant harm to the interests of the service, as well as evasion by an officer of a law enforcement or special state body from performing the duties of the service, committed by simulating an illness or causing injury to himself (self-mutilation) or other harm to his health, or forgery of documents, or other deceit that caused significant harm to the interests of the service, –
shall be punishable by a fine in the amount of up to one hundred and twenty monthly calculation indices, or by corrective labor in the same amount, or by arrest for a term of up to thirty days.
2. The deeds provided for by the first part of this article:
1) committed during an emergency situation or riots;
2) related to providing security of protected persons or facilities, –
shall be punishable by restraint of liberty for a term of up to six years, or imprisonment for the same term.
3. The deeds provided for by the first part of this article, committed under a state of emergency or martial law, or which entailed grave consequences, -
shall be punishable by imprisonment for a term of three to ten years.
Note. In this article, protected persons and facilities shall mean persons and facilities protected in accordance with the Law of the Republic of Kazakhstan "On the State Security Service of the Republic of Kazakhstan".
Footnote. Chapter 15 shall be supplemented by Article 370-2 in accordance with the Law of the Republic of Kazakhstan dated 11.07.2022 № 136-VII (shall be enforced sixty calendar days after the date of its first official publication).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 a fine in the amount of up to one thousand monthly calculation indices or corrective labors in the same amount, or community services for a term of up to four hundred hours, or restriction of liberty for a term of up to one year, or deprivation of liberty for the same term.
2. The same action, entailed the grave consequences by negligence, -
shall be punished by a fine in the amount of up to four thousand monthly calculation indices or corrective labors in the same amount, or community services for a term of up to one thousand hours, or restriction of liberty for a term of up to four years, or deprivation of liberty for the same term, with deprivation of the right to hold certain positions or engage in certain activity for a term of up to three years.
Footnote. Article 371 as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication). Chapter 16. CRIMINAL INFRACTION AGAINST MANAGEMENT
PROCEDURE
Article 372. Desecration of state symbols
Desecration of state symbols of the Republic of Kazakhstan –
shall be punishable by a fine of up to three thousand monthly calculation indices, or by corrective labor in the same amount, or by community service for a up to nine hundred hours, or by restraint of liberty for up to two years, or by deprivation of liberty for the same term.
Footnote. Article 372 as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 03.01.2023 № 188-VII (shall be enforced sixty calendar days after the date of its first official publication).Article 373. Public insult and other encroachment on the honor and dignity of the First President of the Republic of Kazakhstan – Leader of the Nation, desecration of the images of the First President of the Republic of Kazakhstan – Leader of the Nation, obstruction of the legal activity of the First President of the Republic of Kazakhstan – Leader of the Nation
Footnote. Article 373 is excluded by the Law of the Republic of Kazakhstan dated 12.07.2023 № 23-VIII (effective ten calendar days after the date of its first official publication).
Article 374. Violation of guarantees of inviolability of the First President of the Republic of Kazakhstan – Leader of the Nation
Footnote. Article 374 is excluded by the Law of the Republic of Kazakhstan dated 12.07.2023 № 23-VIII (effective ten calendar days after the date of its first official publication).
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 act committed through the use of mass media, telecommunications networks or online platforms, –
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.
Footnote. Article 375 as amended by the Law of the Republic of Kazakhstan dated 19.06.2024 № 94-VIII (shall be enforced upon expiry of sixty calendar days after its first official publication).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 a fine in the amount of up to two hundred monthly calculation indices or corrective labors in the same amount, or community services for a term of up to two hundred hours, or arrest for a term of up to fifty days.
2. The same act committed through the use of mass media, telecommunications networks or online platforms, –
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.
Footnote. Article 376 as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 19.06.2024 № 94-VIII (shall be enforced upon expiry of sixty calendar days after its first official publication).Article 377. Obstruction of the activity of the Constitutional Court of the Republic of Kazakhstan
Footnote. The heading of Article 377 shall be amended by the Law of the Republic of Kazakhstan dated 05.11.2022 № 157-VII (shall be enforced from 01.01.2023).
1. Interference in any form in the activity of the Constitutional Court of the Republic of Kazakhstan in order to obstruct the exercise of its 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.
Footnote. Article 377 as amended by the Law of the Republic of Kazakhstan dated 05.11.2022 № 157-VII (shall be enforced from 01.01.2023).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 a fine in the amount of up to eighty monthly calculation indices or corrective labors in the same amount, or community services for a term of up to eighty hours, or arrest for a term of up to twenty days.
2. The same act committed in public , or through the use of mass media, telecommunications networks or online platforms, –
shall be punished by a fine in the amount of up to one hundred and sixty monthly calculation indices or corrective labors in the same amount, or community services for a term of up to one hundred and sixty hours, or arrest for a term of up to forty days.
Note. Public performances, containing criticisms on official activity of the representative of authority shall not entail criminal responsibility under this Article.
Footnote. Article 378 as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 19.06.2024 № 94-VIII (shall be enforced upon expiry of sixty calendar days after its first official publication).Article 379. Disobedience to a representative of authority
1. Disobedience to a lawful demand or order of a representative of authority, committed in an emergency situation or in the course of mass riots, as well as in an area where a state of emergency has been declared, or in a zone where an anti-terrorist operation is being carried out, -
shall be punishable by a fine in the amount of up to two thousand monthly calculation indices, or by corrective labor in the same amount, or by community service for a term of up to six hundred hours, or by restraint of liberty for a term of up to three years, or by deprivation of liberty for the same term.
2. The deed provided for by the first part of this article, committed:
1) by a group of persons, a group of persons by prior collusion;
2) repeatedly, -
shall be punishable by a fine in the amount of up to four thousand monthly calculation indices, or by corrective labor in the same amount, or by community service for a term of up to one thousand two hundred hours, or by restraint of liberty for a term of up to five years, or by deprivation of liberty for the same term.
Footnote. Article 379 - as amended by the Law of the Republic of Kazakhstan dated 11.07.2022 № 136-VII (shall be enforced sixty calendar days after the date of its first official publication).Article 380. Threat or violence against a representative of authority
1. Threat of murder, infliction of harm to health, damage or destruction of property against a representative of power or his relatives associated with performance of his official duties or out of revenge for the performance of his official duties, -
shall be punishable by a fine in the amount of up to two thousand monthly calculation indices, or by corrective labor in the same amount, or by community service for a term of up to six hundred hours, or by restraint of liberty for a term of up to two years, or by deprivation of liberty for the same term.
2. The act provided for by the first part of this article, committed:
1) by a group of persons, a group of persons by prior agreement or a criminal group;
2) in an emergency situation or in the course of riots;
3) in an area where a state of emergency was declared, or in an anti-terrorist operation zone;
4) through the use of telecommunications networks, including the Internet, –
shall be punishable by a fine in the amount of up to three thousand monthly calculation indices, or by corrective labor in the same amount, or by community service for a term of up to eight hundred hours, or by restraint of liberty for a term of up to three years, or by deprivation of liberty for the same term.
3. Use of violence that is not dangerous to life or health in relation to persons and on the grounds referred to in part one of this article, –
shall be punishable by a fine in the amount of up to four thousand monthly calculation indices, or by corrective labor in the same amount, or by community service for a term of up to one thousand hours, or by restraint of liberty for a term of two to four years, or by deprivation of liberty for the same term.
4. The act provided for by part three of this article, committed:
1) in relation to two or more persons;
2) in relation to a person who is obviously in a helpless state for the perpetrator, as well as associated with kidnapping of a person or taking a hostage;
3) by a group of persons, a group of persons by prior agreement or a criminal group;
4) for the purpose of concealing another crime or facilitating its commission;
5) repeatedly;
6) in respect of obviously a minor;
7) in an emergency situation or in the course of unrest;
8) in an area where a state of emergency has been declared, or in a zone where an anti-terrorist operation is being carried out, -
shall be punishable by restraint of liberty for a term of three to seven years, or imprisonment for the same term.
5. Use of violence dangerous to life or health in relation to persons and on the grounds specified in part one of this article, -
shall be punishable by imprisonment for a term of seven to twelve years.
6. The act provided for by part five of this article, committed:
1) in relation to two or more persons;
2) in relation to a person who is clearly in a helpless condition for the perpetrator, as well as associated with the kidnapping of a person or taking of a hostage;
3) with extreme atrocity;
4) by a group of persons, a group of persons by prior agreement or a criminal group;
5) for the purpose of concealing another crime or facilitating its commission;
6) repeatedly;
7) in respect of knowingly a minor;
8) in an emergency situation or in the course of riots;
9) in an area where a state of emergency has been declared, or in a zone where an anti-terrorist operation is being carried out, –
shall be punishable by imprisonment for a term of ten to fifteen years.
Footnote. Article 380 - as amended by the Law of the Republic of Kazakhstan dated 11.07.2022 № 136-VII (shall be enforced sixty calendar days after the date of its first official publication).Article 380-1. Endangering the life of an employee of a law enforcement body, a special state body, a military serviceman, a state inspector for wildlife protection, an inspector of a specialized organization for wildlife protection, a huntsman
Footnote. The heading of Article 380-1 is as amended by Law № 292-VІ of the Republic of Kazakhstan as of 27.12.2019 (the enforcement procedure is in Art.2).
1. Endangering the life, i.e., deliberate actions aimed at causing death, of an employee of a law enforcement body, a special state body, a military serviceman, a state inspector for wildlife protection, an inspector of a specialized organization for wildlife protection, a huntsman or their relatives in connection with their performance of official duties or revenge for their performance of official duties -
shall be punished by deprivation of liberty for a term of ten to fifteen years with confiscation of property or without it.
2. The same act, committed:
1) in respect of two or more persons;
2) in respect of a person known to the perpetrator to be in a helpless state, as well as linked with kidnapping or hostage taking;
3) in respect of a woman known to the perpetrator to be pregnant;
4) with special cruelty;
5) in a way that is life-threatening to others;
6) by a group of persons, a group of persons by prior agreement, a criminal group;
7) for the purpose of concealing another crime or facilitating its commission, as well as rape or sexual violence;
8) repeatedly;
9) in respect of a knowingly minor person;
10) in the area where emergency state is declared, or in the area of antiterroristic operation;
11) in an emergency situation or during mass unrest, –
shall be punished by deprivation of liberty for a term of fifteen to twenty years or life deprivation of liberty with confiscation of property.
Footnote. Chapter 16 is supplemented by Article 380-1 in accordance with the Law of the Republic of Kazakhstan dated 03.07.2017 № 84-VI (shall be enforced upon expiry of ten calendar days after its first official publication); as amended by Law № 292-VІ of the Republic of Kazakhstan as of 27.12.2019 (the enforcement procedure is in Art.2); dated 11.07.2022 № 136-VII (shall be enforced sixty calendar days after the date of its first official publication).Article 380-2. Use of force against a state inspector for wildlife protection, an inspector of a specialized organization for wildlife protection, a huntsman
1. The use of force not dangerous to life or health, or the threat of violence against a state inspector for wildlife protection, an inspector of a specialized organization for wildlife protection, a huntsman or his/her relatives in connection with their performance of their official duties or revenge for their performance of official duties -
shall be punished with a fine worth up to three thousand monthly calculation indices, or with corrective labor in the same amount, or involvement in community service for a term of up to eight hundred hours, or restriction of liberty for a term of up to three years, or imprisonment for the same term.
2. The use of force dangerous to life or health against the persons specified in part one of this article -
shall be punished with imprisonment for a term of five to ten years.
3. The act, provided for by part two of this article, which is committed:
1) against two or more persons;
2) against a person who is known by the guilty person to be helpless, and also involving the abduction of a person or the taking of a hostage;
3) brutally;
4) by a group of persons, a group of persons by previous concert;
5) in order to conceal another crime or facilitate its commission;
6) repeatedly;
7) against a person known to be a minor;
8) in an emergency situation or during mass riots;
9) in an area with announced state of emergency, or in an area of anti-terrorist operation -
shall be punished with imprisonment for a term of seven to twelve years.
Footnote. Chapter 16 is supplemented with Article 380-2 in accordance with Law № 292-VІ of the Republic of Kazakhstan as of 27.12.2019 (the enforcement procedure is in Art.2).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 a fine in the amount of up to one hundred and sixty monthly calculation indices or corrective labors in the same amount, or community services for a term of up to one hundred and sixty hours, or arrest for a term of up to forty days.
Footnote. Article 381 as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication).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 a fine in the amount of up to one hundred and sixty monthly calculation indices or corrective labors in the same amount, or community services for a term of up to one hundred and sixty hours, or arrest for a term of up to forty days.
2. The same action, entailed the grave consequences, -
shall be punished by a fine in the amount of up to five thousand monthly calculation indices or corrective labors in the same amount, or community services for a term of up to one thousand two hundred hours, or restriction of liberty for a term of up to five years, or deprivation of liberty for the same term.
Footnote. Article 382 as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication).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 a fine in the amount of up to one hundred and twenty monthly calculation indices or corrective labors in the same amount, or community services for a term of up to one hundred and twenty hours, or arrest for a term of up to thirty days.
Footnote. Article 383 as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication).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 a fine in the amount of up to eighty monthly calculation indices or corrective labors in the same amount, or community services for a term of up to eighty hours, or arrest for a term of up to twenty days.
2. Stealing of the passport, certificate of identity or other personal paper of citizen –
shall be punished by a fine in the amount of up to one hundred and twenty monthly calculation indices or corrective labors in the same amount, or community services for a term of up to one hundred and twenty hours, or arrest for a term of up to thirty days.
3. Stealing, destruction, damaging or concealment of official documents, stamps or seals, committed from selfish or other personal interest -
shall be punished by a fine in the amount of up to one hundred and sixty monthly calculation indices or corrective labors in the same amount, or community services for a term of up to one hundred and sixty hours, or arrest for a term of up to forty days.
Footnote. Article 384 as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after the date of its first official publication).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 a fine in the amount of up to two thousand monthly calculation indices or corrective labors in the same amount, or community services for a term of up to six hundred hours, or restriction of liberty for a term of up to two years, or deprivation of liberty for the same term.
2. The same actions, committed repeatedly or by group of persons on previous concert, -
shall be punished by a fine in the amount of up to four thousand monthly calculation indices or corrective labors in the same amount, or community services for a term of up to one thousand hours, or restriction of liberty for a term of up to four years, or deprivation of liberty for the same term.
3. Use of certainly forged documents –
shall be punished by a fine in the amount of up to one hundred and sixty monthly calculation indices or corrective labors in the same amount, or community services for a term of up to one hundred and sixty hours, or arrest for a term of up to forty days.
Footnote. Article 385 as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after the date of its first official publication).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 a fine in the amount of up to two thousand monthly calculation indices or corrective labors in the same amount, or community services for a term of up to six hundred hours, or restriction of liberty for a term of up to two years, or deprivation of liberty for the same term.
2. The same actions, committed by group of persons on previous concert or by criminal group, -
shall be punished by a fine in the amount of up to five thousand monthly calculation indices or corrective labors in the same amount, or community services for a term of up to one thousand two hundred hours, or restriction of liberty for a term of up to five years, or deprivation of liberty for the same term.
Footnote. Article 386 as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after the date of its first official publication).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 a fine in the amount of up to one thousand monthly calculation indices or corrective labors in the same amount, or community services for a term of up to four hundred hours, or restriction of liberty for a term of up to one year, or deprivation of liberty 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 a fine in the amount of up to three thousand monthly calculation indices or corrective labors in the same amount, or community services for a term of up to eight hundred hours, or restriction of liberty for a term of up to three years, or deprivation of liberty 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.
Footnote. Article 387 as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after the date of its first official publication).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 a fine in the amount of up to five thousand monthly calculation indices or corrective labors in the same amount, or community services for a term of up to one thousand two hundred hours, or restriction of liberty for a term of up to five years, or deprivation of liberty 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.
Footnote. Article 388 as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after the date of its first official publication).Article 388-1. Intentional failure to fulfill mobilization tasks or mobilization orders during the period of mobilization, martial law and wartime
1. Deliberate failure to fulfill mobilization tasks or mobilization orders during the period of mobilization, martial law and wartime, committed by an official or a person performing managerial functions in a commercial or other organization, or by a person equated to persons authorized to perform state functions, -
shall be punishable by a fine in the amount of up to five thousand monthly calculation indices, or correctional labor in the same amount, or restraint of liberty for a term of up to five years, or imprisonment for the same term.
2. The same act, which entailed grave consequences, -
shall be punishable by imprisonment for a term from five to ten years.
Footnote. Chapter 16 is supplemented by Article 388-1 in accordance with the Law of the Republic of Kazakhstan dated 25.05.2020 № 332-VI (shall be enforced upon expiry of ten calendar days after the day of its first official publication).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 a fine in the amount of up to eighty monthly calculation indices or corrective labors in the same amount, or community services for a term of up to eighty hours, or arrest for a term of up to twenty 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 a fine in the amount of up to one hundred and sixty monthly calculation indices or corrective labors in the same amount, or community services for a term of up to one hundred and sixty hours, or arrest for a term of up to forty 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 a fine in the amount of up to three thousand monthly calculation indices or corrective labors in the same amount, or community services for a term of up to eight hundred hours, or restriction of liberty for a term of up to three years, or deprivation of liberty 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.
Footnote. Article 389 as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after the date of its first official publication).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 a fine in the amount of up to eighty monthly calculation indices or corrective labors in the same amount, or community services for a term of up to eighty hours, or arrest for a term of up to twenty 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 a fine in the amount of up to two thousand monthly calculation indices or corrective labors in the same amount, or community services for a term of up to six hundred hours, or restriction of liberty for a term of up to two years, or deprivation of liberty 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.
Footnote. Article 390 as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after the date of its first official publication).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 a fine in the amount of up to one hundred and twenty monthly calculation indices or corrective labors in the same amount, or community services for a term of up to one hundred and twenty hours, or arrest for a term of up to thirty days.
Footnote. Article 391 as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after the date of its first official publication).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
Footnote. Article 393 is excluded by the Law of the Republic of Kazakhstan dated 21.01.2019 № 217-VI (shall be enforced upon expiry of ten calendar days after its first official publication).
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 punishable by a fine in the amount of up to two thousand monthly calculation indices, or by corrective labor in the same amount, or by community service for a term of up to six hundred hours, or by restraint of liberty for a term of up to two years, or by deprivation of liberty for the same term, with or without confiscation of property.
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 punishable by a fine in the amount of up to five thousand monthly calculation indices, or by corrective labor in the same amount, or by community service for a term of up to one thousand two hundred hours, or by restraint of liberty for a term of up to five years, or by deprivation of liberty for the same term, with deprivation of right to hold certain positions or engage in certain activities for up to three years or without it, with or without confiscation of property.
3. An action, provided by first part of this Article, committed by criminal group, -
shall be punishable by imprisonment for a term of three to seven years, with or without confiscation of property.
Footnote. Article 394 as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after the date of its first official publication); dated 01.07.2022 № 131-VII (shall be enforced sixty calendar days after the date of its first official publication).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 a fine in the amount of up to two hundred monthly calculation indices or corrective labors in the same amount, or community services for a term of up to two hundred hours, or arrest for a term of up to fifty days.
Footnote. Article 395 as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after the date of its first official publication).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 a fine in the amount of up to two thousand monthly calculation indices or corrective labors in the same amount, or community services for a term of up to six hundred hours, or restriction of liberty for a term of up to two years, or deprivation of liberty for the same term.
2. The same actions, committed repeatedly or entailed the grave consequences, -
shall be punished by a fine in the amount of up to four thousand monthly calculation indices or corrective labors in the same amount, or community services for a term of up to one thousand hours, or restriction of liberty for a term of up to four years, or deprivation of liberty for the same term.
Footnote. Article 396 as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after the date of its first official publication).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 a fine in the amount of up to one hundred and sixty monthly calculation indices or corrective labors in the same amount, or community services for a term of up to one hundred and sixty hours, or arrest for a term of up to forty days.
Footnote. Article 397 as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after the date of its first official publication).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 a fine in the amount of up to eighty monthly calculation indices or corrective labors in the same amount, or community services for a term of up to eighty 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 a fine in the amount of up to one hundred and twenty monthly calculation indices or corrective labors in the same amount, or community services for a term of up to one hundred and twenty hours, or arrest for a term of up to thirty 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 a fine in the amount of up to three thousand monthly calculation indices or corrective labors in the same amount, or community services for a term of up to eight hundred hours, or restriction of liberty for a term of up to three years, or deprivation of liberty for the same term.
Footnote. Article 398 as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after the date of its first official publication).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 a fine in the amount of up to two thousand monthly calculation indices or corrective labors in the same amount, or community services for a term of up to six hundred hours, or restriction of liberty for a term of up to two years, or deprivation of liberty 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 a fine in the amount of up to four thousand monthly calculation indices or corrective labors in the same amount, or community services for a term of up to one thousand hours, or restriction of liberty for a term of up to four years, or deprivation of liberty 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.
Footnote. Article 399 as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after the date of its first official publication).Article 400. Violation of procedure for organizing and holding peaceful assemblies
Footnote. The heading of Article 400 is as amended by the Law of the Republic of Kazakhstan dated 25.05.2020 № 334-VI (shall be enforced upon expiry of ten calendar days after the day of its first official publication).
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 a fine in the amount of up to two hundred monthly calculation indices or corrective labors in the same amount, or community services for a term of up to two hundred hours, or arrest for a term of up to fifty days.
Footnote. Article 400 as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after the date of its first official publication); dated 25.05.2020 № 334-VI (shall be enforced upon expiry of ten calendar days after the day of its first official publication).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 a fine in the amount of up to two thousand monthly calculation indices or corrective labors in the same amount, or community services for a term of up to six hundred hours, or restriction of liberty for a term of up to two years, or deprivation of liberty for the same term.
Footnote. Article 401 as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after the date of its first official publication).Article 402. The actions, provoking to continued participation in the industrial action, recognized by court as illegal
1. Calls for continued participation in a strike recognized illegal by the court, committed in public or with the use of mass media or telecommunications networks, as well as bribery of employees for this purpose –
shall be punishable by a fine in the amount of up to 200 monthly calculation indices, or by corrective labor in the same amount, or by community service for a term of up to 200 hours, or by arrest for a term of up to 50 days.
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 punishable by a fine in the amount of up to 2,000 monthly calculation indices, or by corrective labor in the same amount, or by community service for a term of up to 500 hours, or by restraint of liberty for a term of up to two years, or by imprisonment for the same term, with deprivation of the right to hold certain positions or engage in certain activities for a period of up to two years or without it.
Footnote. Article 402 as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after the date of its first official publication); dated 04.05.2020 № 321-VІ (shall be enforced upon expiry of ten calendar days after the day of its first official publication); dated 19.06.2024 № 94-VIII (shall be enforced upon expiry of sixty calendar days after its first official publication).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 a fine in the amount of up to one hundred and sixty monthly calculation indices or corrective labors in the same amount, or community services for a term of up to one hundred and sixty hours, or arrest for a term of up to forty days, with deprivation of the right to hold certain positions or engage in certain activity for a term of up to one year or without it.
2. The same actions, committed by the leader of public association, -
shall be punished by a fine in the amount of up to two hundred monthly calculation indices or corrective labors in the same amount, or community services for up to two hundred hours, or arrest for up to fifty days, with deprivation of the right to hold certain positions or engage in certain activity for a term of up to three years.
Footnote. Article 403 as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after the date of its first official publication).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 a fine in the amount of up to two hundred monthly calculation indices or corrective labors in the same amount, or community services for a term of up to two hundred hours, or arrest for a term of up to fifty days.
Footnote. Article 406 as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after the date of its first official publication).Chapter 17. CRIMINAL OFFENSES AGAINST JUSTICE AND PROCEDURE OF EXECUTION OF PUNISHMENTS, CONSTITUTIONAL PROCEEDINGS
Footnote. The heading of Chapter 17 as amended by the Law of the Republic of Kazakhstan dated 05.11.2022 № 157-VII (shall be enforced from 01.01.2023).
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 a fine in the amount of up to two thousand monthly calculation indices or corrective labors in the same amount, or community services for a term of up to six hundred hours, or restriction of liberty for a term of up to two years, or deprivation of liberty 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 a fine in the amount of up to one hundred and sixty monthly calculation indices or corrective labors in the same amount, or community services for a term of up to one hundred and sixty hours, or arrest for a term of up to forty 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 a fine in the amount of up to three thousand monthly calculation indices or corrective labors in the same amount, or community services for a term of up to eight hundred hours, or restriction of liberty for a term of up to three years, or deprivation of liberty for the same term, with deprivation of the right to hold certain positions or engage in certain activity for a term of up to three years or without it.
Footnote. Article 407 as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after the date of its first official publication).Article 408. Article 408. Encroachment on the life of a judge of the Constitutional Court of the Republic of Kazakhstan, a person administering justice or conducting pre-trial investigation
Footnote. The heading of Article 408 as amended by the Law of the Republic of Kazakhstan dated 05.11.2022 № 157-VII (shall be enforced from 01.01.2023).
Encroachment on the life of a judge of the Constitutional Court of the Republic of Kazakhstan, a judge, a juror, a prosecutor, a person conducting a pre-trial investigation, a defense counsel, an expert, a bailiff, justice officer, as well as their relatives associated with consideration of cases or materials in the Constitutional Court of the Republic of Kazakhstan, a court, pre-trial investigation proceedings or the execution of a sentence, court decision or other judicial act, committed for the purpose of obstructing the legal activities of these persons or out of revenge for such activities, -
shall be punished by imprisonment for the term of fifteen to twenty years or life imprisonment.
Footnote. Article 408 as amended by the Law of the Republic of Kazakhstan dated 05.11.2022 № 157-VII (shall be enforced from 01.01.2023).Article 409. Threats or violent actions associated with administering of constitutional proceedings, justice or pre-trial investigation
Footnote. The heading of Article 409 as amended by the Law of the Republic of Kazakhstan dated 05.11.2022 № 157-VII (shall be enforced from 01.01.2023).
1. Threat of murder, infliction of harm to health, damage or destruction of property against a judge of the Constitutional Court of the Republic of Kazakhstan, a judge, a juror, as well as their relatives associated with consideration of cases or materials in the Constitutional Court of the Republic of Kazakhstan, a court –
shall be punishable by a fine in the amount of up to four thousand monthly calculation indices, or by corrective labor in the same amount, or by community service for a term of up to one thousand hours, or by restraint of liberty for a term of up to four years, or by deprivation of liberty for the same term.
2. The same deeds committed against a prosecutor, a person conducting a pre-trial investigation, a defense counsel, an expert, a bailiff, a court officer, as well as their relatives in connection with the conduct of a pre-trial investigation, consideration of a case or materials in court, or the execution of a sentence, a court decision or any other judicial act,
shall be punishable by a fine in the amount of up to three thousand monthly calculation indices, or by corrective labor in the same amount, or by community service for a term of up to eight hundred hours, or by restraint of liberty for a term of up to three years, or by deprivation of liberty for the same term.
3. The deeds provided for by the first or second parts of this article, committed:
1) by a group of persons, a group of persons by prior agreement or a criminal group;
2) in an emergency situation or during mass riots;
3) in an area where a state of emergency has been declared, or in an anti-terrorist operation zone;
4) through the use of telecommunications networks, including the Internet, –
shall be punishable by restraint of liberty for a term up to five years, or imprisonment for the same term..
4. Use of violence that is not dangerous to life or health in relation to persons and on the grounds specified in parts one or two of this article, -
shall be punishable by restraint of liberty for a term of three to seven years, or imprisonment for the same term.
5. The deed provided for by part four of this article, committed:
1) in relation to two or more persons;
2) in relation to a person who is obviously in a helpless condition for the perpetrator, as well as associated with the kidnapping of a person or taking a hostage;
3) by a group of persons, a group of persons by prior agreement or a criminal group;
4) for the purpose of concealing another crime or facilitating its commission;
5) repeatedly;
6) in respect of knowingly a minor;
7) in an emergency situation or during mass riots;
8) in an area where a state of emergency has been declared, or in a zone where an anti-terrorist operation is being carried out, -
shall be punishable by restraint of liberty for a term of five to ten years, or imprisonment for the same term.
6. Use of violence dangerous to life or health in relation to persons and on the grounds specified in parts one or two of this article, -
shall be punishable by imprisonment for a term of ten to fifteen years.
7. The act provided for by part six of this article, committed:
1) in relation to two or more persons;
2) in relation to a person who is obviously in a helpless state for the perpetrator, as well as associated with the kidnapping of a person or taking a hostage;
3) with extreme atrocity;
4) by a group of persons, a group of persons by prior collusion or a criminal group;
5) for the purpose of concealing another crime or facilitating its commission;
6) repeatedly;
7) in respect of knowingly a minor;
8) in an emergency situation or during mass riots;
9) in an area where a state of emergency has been declared, or where an anti-terrorist operation is being carried out, –
shall be punishable by imprisonment for a term of twelve to seventeen years.
Footnote. Article 409 as amended by the Law of the Republic of Kazakhstan dated 11.07.2022 № 136-VII (shall be enforced sixty calendar days after the date of its first official publication); as amended by the Law of the Republic of Kazakhstan dated 05.11.2022 № 157-VII (shall be enforced from 01.01.2023).Article 410. Contempt of the Constitutional Court of the Republic of Kazakhstan
Footnote. The heading of Article 410 as amended by the Law of the Republic of Kazakhstan dated 05.11.2022 № 157-VII (shall be enforced from 01.01.2023).
1. Contempt of the Constitutional Court of the Republic of Kazakhstan, the court by insulting the parties in the constitutional proceedings, other persons involved in the consideration of the appeal, their representatives, participants in the proceedings, -
shall be punished by a fine in the amount of up to one hundred and sixty monthly calculation indices or corrective labors in the same amount, or community services for a term of up to one hundred and sixty hours, or arrest for a term of up to forty days.
2. The same action, consisting in insulting a judge of the Constitutional Court of the Republic of Kazakhstan, a judge and (or) a juror, -
shall be punished by a fine in the amount of up to two hundred monthly calculation indices or corrective labors in the same amount, or community services for a term of up to two hundred hours, or arrest for a term of up to fifty days.
Footnote. Article 410 as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after the date of its first official publication); dated 05.11.2022 № 157-VII (shall be enforced from 01.01.2023).Article 411. Slander against a judge of the Constitutional Court of the Republic of Kazakhstan, a judge, a juror, a prosecutor, a person conducting a pre-trial investigation, an expert, a bailiff, justice officer
Footnote. The heading of Article 411 as amended by the Law of the Republic of Kazakhstan dated 05.11.2022 № 157-VII (shall be enforced from 01.01.2023).
1. Slander against a judge of the Constitutional Court of the Republic of Kazakhstan, a judge or a juror in connection with the consideration of cases or materials in the Constitutional Court of the Republic of Kazakhstan, a court –
shall be punished by a fine in the amount of up to two thousand monthly calculation indices or corrective labors in the same amount, or community services for a term of up to six hundred hours, or restriction of liberty for a term of up to two years, or deprivation of liberty 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 a fine in the amount of up to two thousand monthly calculation indices or corrective labors in the same amount, or community services for a term of up to six hundred hours, or restriction of liberty for a term of up to two years, or deprivation of liberty 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 a fine in the amount of up to four thousand monthly calculation indices or corrective labors in the same amount, or community services for a term of up to one thousand hours, or restriction of liberty for a term of up to four years, or deprivation of liberty for the same term.
Footnote. Article 411 as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after the date of its first official publication); dated 05.11.2022 № 157-VII (shall be enforced from 01.01.2023).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 with restriction of liberty for a term of up to seven years or imprisonment for the same term, with the deprivation of the right to hold certain positions or engage in certain activities for a term of up to five years.
2. The same action, combined with the accusation of a person of committing a grave or especially grave crime, or entailing grave consequences, -
shall be punished with imprisonment for a term of seven to ten years, with the deprivation of the right to hold certain positions or engage in certain activities for a term of up to seven years.
Footnote. Article 412 is as amended by Law № 292-VІ of the Republic of Kazakhstan as of 27.12.2019 (the enforcement procedure is in Art.2); dated 02.07.2021 № 62-VII (shall be enforced upon expiry of sixty calendar days after the day of its first official publication).Article 412-1. Entrapment
1. Entrapment, that is, illegal actions of an official engaged in operational-search activities or pre-trial investigation, which incited a person to commit a crime for the purpose of subsequent exposure and criminal liability or blackmail, -
shall be punishable by imprisonment for a term of three to five years, with deprivation of the right to hold certain positions or engage in certain activities for a term up to seven years.
2. The same act, accompanied by violence or the threat of violence, destruction or damage to property, or the use of material or other dependence of a person, -
shall be punishable by imprisonment for a term of five to ten years, with deprivation of the right to hold certain positions or engage in certain activities for a term of up to ten years.
3. The acts provided for by parts one or two of this article:
1) entailed the commission by a person of a grave or especially grave crime or the onset of other grave consequences;
2) committed in the interests of a criminal group, -
shall be punishable by imprisonment for a term of ten to twelve years with deprivation of the right to hold certain positions or engage in certain activities for a term of ten years.
Footnote. Chapter 17 is supplemented by Article 412-1 in accordance with the Law of the Republic of Kazakhstan dated 06.10.2020 № 365-VI (shall be enforced upon expiry of ten calendar days after the day of its first official publication).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 with a fine worth up to five thousand monthly calculation indices, or with corrective labor in the same amount, or involvement in community service for a term of up to one thousand hours, or restriction of liberty for a term of up to five years, or imprisonment for the same term, with the deprivation of the right hold certain positions or engage in certain activities for up to five years.
2. Certainly illegal placement in custody or detention in custody –
shall be punished with a fine worth up to five thousand monthly calculation indices, or with corrective labor in the same amount, or involvement in community service for a term of up to one thousand two hundred hours, or restriction of liberty for a term of up to seven years, or imprisonment for the same term, with the deprivation of the right to hold certain positions or engage in certain activities for up to six years.
3. The actions, provided by first or second parts of this Article, entailed the grave consequences, -
shall be punished with imprisonment for a term of three to ten years, with the deprivation of the right to hold certain positions or engage in certain activities for a term of up to seven 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 with a fine worth up to two hundred monthly calculation indices, or with corrective labor in the same amount, or involvement in community service for a term of up to two hundred and sixty hours, or arrest for a term of ten to fifty days, with or without the deprivation of the right to hold certain positions or engage in certain activities for up to three years.
Footnote. Article 414 as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after the date of its first official publication); № 292-VІ as of 27.12.2019 (the enforcement procedure is in Art.2).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 with a fine worth up to five thousand monthly calculation indices, or with corrective labor in the same amount, or restriction of liberty for a term of up to four years, or imprisonment for the same term, with or without the deprivation of the right to hold certain positions or engage in certain activities for up to four years.
Footnote. Article 415 as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after the date of its first official publication); № 292-VІ as of 27.12.2019 (the enforcement procedure is in Art.2).Article 416. Falsification of evidences and operational-search, counterintelligence materials
Footnote. The title of Article 416 is in the wording of the Law of the Republic of Kazakhstan dated 28.12.2016 № 36-VI (shall be enforced upon expiry of two months after its first official publication).
1. Falsification of evidences on civil case by person, participating in the case, or by his (her) representative –
shall be punished with a fine worth up to three thousand monthly calculation indices, or with corrective labor in the same amount, or involvement in community service for a term of up to one thousand hours, or restriction of liberty for a term of up to three 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 with a fine worth up to four thousand monthly calculation indices, or with corrective labor in the same amount, or involvement in community service for a term of up to one thousand two hundred hours, or restriction of liberty for a term of up to five years, or imprisonment for the same term, with the deprivation of the right hold certain positions or engage in certain activities for up to five years.
3. Falsification of investigative, counterintelligence materials or protocols of secret investigative actions or annexes to them by an official of the body, carrying out operational-investigative, counterintelligence activities, –
shall be punished with a fine worth up to five thousand monthly calculation indices, or with corrective labor in the same amount, or restriction of liberty for a term of up to six years, or imprisonment for the same term, with the deprivation of the right to hold certain positions or engage in certain activities for a term of up to six 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 with a fine worth up to six thousand monthly calculation indices, or with corrective labor in the same amount, or restriction of liberty for a term of up to seven years, or imprisonment for the same term, with the deprivation of the right to hold certain positions or engage in certain activities for a term of up to seven 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 with imprisonment for a term of three to eight years with the deprivation of the right to hold certain positions or engage in certain activities for a term of up to seven years.
6. Tampering with evidence in a criminal proceeding on a crime against sexual inviolability of a minor, a grave or especially grave crime, as well as entailing grave consequences, -
shall be punished with imprisonment for a term of five to ten years, with the deprivation of the right to hold certain positions or engage in certain activities for a term of up to eight years.
Footnote. Article 416 as amended by the Laws of the Republic of Kazakhstan dated 28.12.2016 № 36-VI (shall be enforced upon expiry of two months after its first official publication); dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication); № 292-VІ as of 27.12.2019 (the enforcement procedure is in Art.2).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 with a fine worth up to six thousand monthly calculation indices, or with corrective labor in the same amount, or restriction of liberty for a term of up to six 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 with imprisonment for a term of three to eight years, with the deprivation of the right to hold certain positions or engage in certain activities for a term of up to five years.
Footnote. Article 417 as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication); № 292-VІ as of 27.12.2019 (the enforcement procedure is in Art.2).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 with a fine worth up to two hundred monthly calculation indices, or with corrective labor in the same amount, or involvement in community service for a period of up to two hundred hours.
2. Knowingly false denunciation on commission of a crime –
shall be punished with a fine worth up to four thousand monthly calculation indices, or with corrective labor in the same amount, or involvement in community service for a term of up to one thousand hours, or restriction of liberty for a term of up to five 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 with imprisonment for a term of three to eight years.
4. The actions, provided by second or third parts of this Article, committed in the interests of criminal group, -
shall be punished with imprisonment for a term of five to twelve years.
Footnote. Article 419 as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication); № 292-VІ as of 27.12.2019 (the enforcement procedure is in Art.2).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 a fine in the amount of two thousand to five thousand monthly calculation indices or corrective labors in the same amount, or community services for a term of up to one thousand two hundred hours, or restriction of liberty for a term of up to five years, or deprivation of liberty 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.
Footnote. Article 421 as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication).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 a fine in the amount of up to four thousand monthly calculation indices or corrective labors in the same amount, or community services for a term of up to one thousand hours, or restriction of liberty for a term of up to four years, or deprivation of liberty 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 a fine in the amount of up to five thousand monthly calculation indices or corrective labors in the same amount, or community services for a term of up to one thousand two hundred hours, or restriction of liberty for a term of up to five years, or deprivation of liberty 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.
Footnote. Article 422 as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication).Article 423. Divulgence of data of pre-trial or closed court proceedings
Footnote. The heading of Article 423 is as amended by Law № 292-VІ of the Republic of Kazakhstan as of 27.12.2019 (the enforcement procedure is in Art.2).
Disclosure of information on pre-trial proceedings or closed trial by a person warned in accordance with the procedure established by the law of the Republic of Kazakhstan about inadmissibility of its disclosure, or by a person to whom it was entrusted or became known through service, work or on other grounds under the law of the Republic of Kazakhstan, if the information on pre-trial proceedings was disclosed without the prosecutor’s consent, also the information on a closed trial without the judge’s consent –
shall be punished by a fine in the amount of up to two thousand monthly calculation indices or corrective labors in the same amount, or community services for a term of up to six hundred hours, or restriction of liberty for a term of up to two years, or deprivation of liberty for the same term.
Footnote. Article 423 as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication); № 292-VІ as of 27.12.2019 (the enforcement procedure is in Art.2); dated 03.01.2023 № 188-VII (shall be enforced sixty calendar days after the date of its first official publication).Article 424. Disclosure of information on security measures applied to persons subject to state protection and information on assistance in combating corruption
Footnote. The heading of Article 424 as amended by the Law of the Republic of Kazakhstan dated 03.01.2023 № 188-VII (shall be enforced sixty calendar days after the date of its first official publication).
1. Disclosure of information about security measures applied to persons subject to state protection, if this act was committed by a person to whom the indicated information was entrusted or became known in connection with his official activities, as well as disclosure of information about the person’s appeal to a higher-ranking authority and ( or) to the management of the state body or organization of which he is (was) a member and (or) to the authorized state bodies in order to report the fact of a corruption offense or provide information about the whereabouts of a wanted person who has committed a corruption offense, or provide other assistance (subsequently) significant for the detection, suppression, disclosure and investigation of a corruption offense, if this act was committed by a person with whom an agreement on non-disclosure of the said information was concluded, –
shall be punishable by a fine of up to three thousand monthly calculation indices, or by corrective labor in the same amount, or by community service for up to eight hundred hours, or by restraint of liberty for a term of up to three years, or by deprivation of liberty for the same term.
2. The same action, entailed the grave consequences or committed in the interests of criminal group, -
shall be punished by a fine in the amount of up to three thousand monthly calculation indices or corrective labors in the same amount, or community services for a term of up to eight hundred hours, or restriction of liberty for a term of up to three years, or deprivation of liberty for the same term.
Footnote. Article 424 as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 03.01.2023 № 188-VII (shall be enforced sixty calendar days after the date of its first official publication).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 a fine in the amount of up to two thousand monthly calculation indices or corrective labors in the same amount, or community services for a term of up to six hundred hours, or restriction of liberty for a term of up to two years, or deprivation of liberty 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 a fine in the amount of up to five thousand monthly calculation indices or corrective labors in the same amount, or community services for a term of up to one thousand two hundred hours, or restriction of liberty for a term of up to five years, or deprivation of liberty for the same term.
3. The act, provided for by part one of this article, which is committed:
1) by a group of persons by previous concert;
2) repeatedly –
shall be punished with a fine worth up to three thousand monthly calculation indices, or with corrective labor in the same amount, or involvement in community service for a term of up to one thousand hours, or restriction of liberty for a term of up to four years, or imprisonment for the same term, with confiscation of property, with or without the deprivation of the right to hold certain positions or engage in certain activities for a period of up to three years.
4. The acts, provided for by parts one or two of this article, committed on a large scale -
shall be punished with restriction of liberty for a term of two to seven years or imprisonment for the same term, with confiscation of property.
5. The acts, provided for by parts one, two, three or four of this article, if they are committed:
1) by a criminal group;
2) on an especially large scale –
shall be punished with imprisonment for a term of seven to twelve years, with confiscation of property.
Footnote. Article 425 as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication); № 292-VІ as of 27.12.2019 (the enforcement procedure is in Art.2).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
1. Failure to return a convict to a correctional institution, who is allowed to leave the place of deprivation of liberty for a short time after the expiration of the term of departure, as well as a convict who enjoys the right to move without an escort or who is under supervision, committed with the aim of evading further serving a sentence of deprivation of liberty, -
shall be punished by imprisonment for the term of up to two years.
2. Evasion of a person convicted of criminal offenses against the sexual inviolability of minors, as well as convicted persons recognized as in need of treatment for mental, behavioral disorders (diseases) associated with the use of psychoactive substances, from applying compulsory medical measures to them, -
shall be punished by deprivation of liberty for a term of up to one year.
Footnote. Article 427 as amended by the Law of the Republic of Kazakhstan dated 09.04.2016 № 501-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 07.07.2020 № 361-VI (shall be enforced upon expiry of ten calendar days after the day of its first official publication).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 deprivation of liberty for a term of up to three years.
2. Is excluded by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication).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.
Footnote. Article 428 as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication).Article 428-1. Deliberate destruction or damage to the video surveillance system, as well as its components in institutions of the penal (penitentiary) system, pre-trial detention facilities, temporary detention facilities
1. Deliberate destruction or damage to the video surveillance system, as well as its components in institutions of the penal (penitentiary) system, pre-trial detention facilities, temporary detention facilities for the purpose of violating the established procedure for serving a sentence or the detention regime –
shall be punished by imprisonment for the term up to two years.
2. Deliberate destruction or damage to the video surveillance system, as well as its components in institutions of the penal (penitentiary) system, pre-trial detention centers, temporary detention centers, as well as deliberate destruction of records made by means of the video surveillance system, committed by a person using his official position, –
shall be punished by imprisonment for a term of two to five years.
3. Acts envisaged by parts one or two of this article, committed by a group of persons, by a group of persons by prior agreement, –
shall be punished by imprisonment for a term of five to seven years.
Footnote. Chapter 17 is supplemented with Article 428-1 in accordance with the Law of the Republic of Kazakhstan dated 16.05.2024 № 82-VIII (shall be enforced upon expiry of sixty calendar days after its first official publication).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 community services for a term of up to eight hundred hours or by restriction of liberty for a term of up to three years, or by deprivation of liberty for the same term.
2. The same actions, committed by person with the use of his (her) official position, -
shall be punished by community services for a term of up to one thousand two hundred hours or by restriction of liberty for a term of three to five years, or by deprivation of liberty for the same term, with deprivation of the right to hold certain positions or engage in certain activity for a 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.
4. Illegal alienation, encumbrance of property confiscated by a court decision or verdict (resolution), as well as property converted into state income, or property seized in cases related to the return of illegally acquired assets to the state, committed in order to evade the execution of judicial acts, -
shall be punishable by restriction of liberty for a period up to six years or imprisonment for the same period.
Footnote. Article 430 as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 12.07.2023 № 23-VIII (effective sixty calendar days after the date of its first official publication).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 a fine in the amount of up to one thousand monthly calculation indices or corrective labors in the same amount, or community services for a term of up to four hundred hours, or restriction of liberty for a term of up to one year, or deprivation of liberty for the same term.
Footnote. Article 431 as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication).Article 432. Concealment of crime
The concealment of a corruption, grave or especially grave crime or crime against the sexual inviolability of a minor, which was not promised before, -
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.
Footnote. Article 432 is as amended by Law № 292-VІ of the Republic of Kazakhstan as of 27.12.2019 (the enforcement procedure is in Art.2).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 a fine in the amount of up to two thousand monthly calculation indices or corrective labors in the same amount, or community services for a term of up to six hundred hours, or restriction of liberty for a term of up to two years, or deprivation of liberty for the same term, with deprivation of the right to hold certain positions or engage in certain activity for a term of up to three years.
2. The same action, entailed concealment of grievous crime, -
shall be punished by a fine in the amount of up to five thousand monthly calculation indices or corrective labors in the same amount, or community services for a term of up to one thousand two hundred hours, or restriction of liberty for a term of up to five years, or deprivation of liberty for the same term, with deprivation of the right to hold certain positions or engage in certain activity for a 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.
Footnote. Article 433 as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication).Article 434. Failure to report crime
A failure to report a reliably known upcoming or committed serious crime against the sexual inviolability of a minor, an especially serious crime or a reliably known upcoming 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.
Footnote. Article 434 is as amended by Law № 292-VІ of the Republic of Kazakhstan as of 27.12.2019 (the enforcement procedure is in Art.2).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 with a fine worth up to two thousand monthly calculation indices, or with corrective labor in the same amount, or involvement in community service for a term of up to eight hundred hours, or restriction of liberty for a term of up to three 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 with a fine worth up to three thousand monthly calculation indices, or with corrective labor in the same amount, or involvement in community service for a term of up to one thousand hours, or restriction of liberty for a term of up to five years, or imprisonment for the same term, with or without the deprivation of the right to hold certain positions or engage in certain activities for up to five years.
Footnote. Article 435 as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication); № 292-VІ as of 27.12.2019 (the enforcement procedure is in Art.2).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 a fine in the amount of up to eighty monthly calculation indices or corrective labors in the same amount, or community services for a term of up to eighty hours, or arrest for a term of up to twenty days.
Footnote. Article 436 as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication).Chapter 18. MILITARY CRIMINAL INFRACTIONS
Article 437. Insubordination or other non- execution of the order
1. insubordination, that is, refusal to execute the order of the head, as well as other intentional non- execution of the order of the head, given in the established procedure, causing significant harm to the interests of the service, –
shall be punished by a fine in the amount of up to one hundred and twenty monthly calculation indices or corrective labors in the same amount, or arrest for a term of up to thirty days.
2. The same actions, committed by a group of persons or a group of persons by prior agreement, as well as entailing grave consequences, –
shall be punished by deprivation of liberty for a term of up to five years.
3. Actions, provided by paragraphs one and two of this Article, committed by a criminal group in a combat situation or in the conditions of emergency state, –
shall be punished by deprivation of liberty for a term of five to fifteen years, and under aggravating circumstances – from ten to twenty years or life deprivation of liberty.
4. Actions, provided by parts one or two of this Article, committed in time of war, –
shall be punishable by imprisonment for a term of fifteen to twenty years or life imprisonment.
5. Non-execution of the order due to negligent or dishonest attitude to the service, entailing grave consequences, –
shall be punished by a fine in the amount of up to two hundred monthly calculation indices or corrective labors in the same amount, or arrest for a term of up to fifty days.
6. An action, provided by part five of this Article, committed in time of war, in a combat situation or in conditions of emergency state, –
shall be punished by deprivation of liberty for a term of three to ten years.
Footnote. Article 437 is in the wording of the Law of the Republic of Kazakhstan dated 07.11.2014 № 248-V (shall be enforced from 01.01.2015); as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 29.12.2021 № 89-VII (effective ten calendar days after the date of its first official publication).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 a fine in the amount of up to two hundred monthly calculation indices or corrective labors in the same amount, or arrest for a term of up to fifty 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 punishable by imprisonment for a term of fifteen to twenty years or life imprisonment.
Footnote. Article 438 as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 29.12.2021 № 89-VII (effective ten calendar days after the date of its first official publication).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 punishable by imprisonment for a term of fifteen to twenty years or life imprisonment.
Footnote. Article 439 as amended by the Law of the Republic of Kazakhstan dated 29.12.2021 № 89-VII (effective ten calendar days after the date of its first official publication).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 a fine in the amount of up to one hundred and sixty monthly calculation indices or corrective labors in the same amount, or arrest for a term of up to forty days.
2. The same action, committed repeatedly,-
shall be punished by a fine in the amount of up to two hundred monthly calculation indices or corrective labors in the same amount, or arrest for a term of up to fifty 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.
Footnote. Article 440 as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication).Article 441. Unwarranted leaving of unit or place of service
1. Unwarranted leaving of unit or place of service, as well as non-appearance in time without valid reasons for service, committed in peacetime, if unwarranted absence lasted more than one month, –
shall be punished by a fine in the amount of up to two thousand monthly calculation indices or corrective labors in the same amount, or restriction of liberty for a term of up to three years, or deprivation of liberty for the same term.
2. Unwarranted leaving of unit or place of service, committed with a weapon entrusted in the service, or by a group of persons or a group of persons by prior agreement, if unwarranted absence lasted more than one day, –
shall be punished by deprivation of liberty for a term of up to five years.
3. Unwarranted leaving of unit or place of service, committed in a combat situation or in conditions of emergency state, if unwarranted absence lasted more than one day, –
shall be punished by deprivation of liberty for a term of five to ten years.
4. Unwarranted leaving of unit or place of service in time of war regardless of the length –
shall be punished by deprivation of liberty for a term of ten to fifteen years.
Note. A military man, committed an action, provided for in the parts one, two or three of this Article may be released from criminal responsibility, if the action was the result of a confluence of grave and other circumstances.
Footnote. Article 441 is in the wording of the Law of the Republic of Kazakhstan dated 07.11.2014 № 248-V (shall be enforced from 01.01.2015).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 punishable by imprisonment for a term of ten to twenty years or life imprisonment.
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.
Footnote. Article 442 as amended by the Law of the Republic of Kazakhstan dated 29.12.2021 № 89-VII (effective ten calendar days after the date of its first official publication).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 a fine in the amount of up to two hundred monthly calculation indices or corrective labors in the same amount, or arrest for up to fifty 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 punishable by imprisonment for a term of ten to twenty years or life imprisonment.
Footnote. Article 443 as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 29.12.2021 № 89-VII (effective ten calendar days after the date of its first official publication).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 punishable by imprisonment for a term of ten to twenty years or life imprisonment.
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.
Footnote. Article 444 as amended by the Law of the Republic of Kazakhstan dated 29.12.2021 № 89-VII (effective ten calendar days after the date of its first official publication)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 a fine in the amount of up to two hundred monthly calculation indices or corrective labors in the same amount, or arrest for up to fifty 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.
Footnote. Article 447 as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication).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 a fine in the amount of up to two hundred monthly calculation indices or corrective labors in the same amount, or arrest for a term of up to fifty 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.
Footnote. Article 448 as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication).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 a fine in the amount of up to eighty monthly calculation indices or corrective labors in the same amount, or arrest for a term of up to twenty days.
2. The same action, entailing grave consequences or committed by a group of persons or a group of persons by prior agreement, –
shall be punished by deprivation of liberty for a term of up to five years.
3. Actions, provided for in parts one and two of this Article, committed in conditions of emergency state, –
shall be punished by deprivation of liberty for a term of three to seven years.
Footnote. Article 449 as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication).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 452-1. Inaction in service of a senior official
Inaction in service of a senior official, consisting in failure to take measures within the scope of his authority to prevent an attack on citizens that directly threatens their lives, an armed seizure of buildings, destruction of property of citizens or organizations in a generally dangerous way, if this act was committed under a state of emergency conditions or entailed grave consequences, –
shall be punishable by restraint of liberty for a term of up to seven years, or imprisonment for the same term.
Footnote. Chapter 18 shall be supplemented by Article 452-1 in accordance with the Law of the Republic of Kazakhstan dated 11.07.2022 № 136-VII (shall be enforced sixty calendar days after the date of its first official publication).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 punishable by imprisonment for a term of ten to twenty years or life imprisonment with or without deprivation of citizenship of the Republic of Kazakhstan.
Footnote. Article 455 as amended by the Law of the Republic of Kazakhstan dated 11.07.2017 № 91-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 29.12.2021 № 89-VII (effective ten calendar days after the date of its first official publication).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 a fine in the amount of up to two hundred monthly calculation indices or corrective labors in the same amount, or arrest for a term of up to fifty 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.
Footnote. Article 458 as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication).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
Careless destruction of or damage to weapons, ammunition, vehicles or military equipment, resulting in grave consequences, –
shall be punished by a fine in the amount of up to two hundred monthly calculation indices or corrective labors in the same amount, or arrest for a term of up to fifty days.
Footnote. Article 460 as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication); № 249-VI as of 19.04.2019 (shall be enforced ten calendar days after its first official publication).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 a fine in the amount of up to one hundred and sixty monthly calculation indices or corrective labors in the same amount, or arrest for a term of up to forty days, with deprivation of the right to hold certain positions or engage in certain activity for a 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.
Footnote. Article 463 as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication).Article 464. Violation of flight rules or rules for flight preparation
1. The violation of flight rules or rules for flight preparation, as well as the violation of rules for the operation of military aircraft, resulting, through negligence, in grievous or moderate bodily harm, or an accident, or incapacitation of military equipment, or a prolonged decrease in the level of combat readiness and effectiveness of military units and elements -
shall be punished with a fine worth up to two hundred monthly calculation indices, or with corrective labor in the same amount, or arrest for a term of up to fifty days.
2. The same acts that entailed the death of a person through negligence -
shall be punished with restriction of liberty for a term of up to four years or imprisonment for the same term, with or without the deprivation of the right to engage in certain activities for a term of up to three years.
3. The acts, provided for by part one of this article, which entailed the death of two or more persons through negligence -
shall be punished with imprisonment for a term of four to ten years, with or without the deprivation of the right to engage in certain activities for a term of up to ten years.
Footnote. Article 464 is as amended by Law № 249-VI of the Republic of Kazakhstan as of 19.04.2019 (shall be enforced ten calendar days after its first official publication).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 restriction of liberty for a term of up to seven years or by deprivation of liberty for the same term, with or without deprivation of the right to hold certain positions or engage in certain activity for a term of up to ten years.
Footnote. Article 465 as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication).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 a fine in the amount of up to two hundred monthly calculation indices or corrective labors in the same amount, or arrest for a term of up to fifty days, with deprivation of the right to hold certain positions or engage in certain activity for a 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.
Footnote. Article 466 as amended by the Law of the Republic of Kazakhstan dated 12.07.2018 № 180-VI (shall be enforced upon expiry of ten calendar days after its first official publication).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 shall be enforced from the 1st January 2015, with the exception of Article 45, which shall be enforced from the 1st January 2017, and Article 48, which shall be enforced from the 1st January 2016.
1-1. To suspend until January 1, 2027 the effect of Article 45 of this Code, establishing that its provisions shall apply to persons who have committed criminal offenses provided for in Articles 108-1 and 109-1 of this Code, and in respect of military personnel and in cases provided for by paragraph 1) of part six of article 41, paragraph 1) of part five of article 42 and paragraph 1) of part 2-1 of article 43 of this Code, from January 1, 2017, and in respect of persons to whom deportation from the Republic of Kazakhstan of a foreigner or stateless person is appointed as an additional type of punishment - from January 1, 2019.
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 (Bulletin of the Parliament of the Republic of Kazakhstan, 1997, № 15-16, Article 211; 1998, № 16, Article 219; № 17-18, Article 225; 1999, № 20, Article 721; № 21, Article 774; 2000, № 6, Article 141; 2001, № 8, Article 53, 54; 2002, № 4, Article 32, 33; № 10, Article 106; № 17, Article 155; № 23-24, Article 192; 2003, № 15, Article 137; № 18, Article 142; 2004, № 5, Article 22; № 17, Article 97; № 23, Article 139; 2005, № 13, Article 53; № 14, Article 58; № 21-22, Article 87; 2006, № 2, Article 19; № 3, Article 22; № 5-6, Article 31; № 8, Article 45; № 12, Article 72; № 15, Article 92; 2007, № 1, Article 2; № 4, Article 33; № 5-6, Article 40; № 9, Article 67; № 10, Article 69; № 17, Article 140; 2008, № 12, p. 48; № 13-14, Article 58; № 17-18, Article 72; № 23, Article 114; № 24, Article 126; 2019, № 6-7, Article 32; № 13-14, Article 63; № 15-16, Articles 71, 73, 75; № 17, Article 82, 83; № 24, Article 121, 122, 125, 127, 128, 130; 2010 G., № 1-2, Article 5; № 7, Article 28, 32; № 11, Article 59; № 15, Article 71; № 20-21, Article 119; № 22, Article 130; № 24, Article 149; 2011, № 1, Article 9; № 2, Article 19, 28; № 19, Article 145; № 20, Article 158; № 21, Article 161; № 24, Article 196; 2012, № 1, Article 5; № 2, Article 13; № 3, Article 26, 27; № 4, Article 30; № 5, Articles 35, 36; № 10, Article 77; № 12, Article. 84; 2013, № 1, Article 2; № 4, Article 21; № 7, Article 36; № 10-11, Article 54, 56; № 14, Article 72; № 15, Article 78; 2014, № 1, Article 9; № 2, Article 11; № 4-5, Article 24; № 8, Article 49; № 11, Article 61; № 13-I, 13-II, Article 83), except for Article 51, no longer valid from the 1st January 2016.
Thus for the period till January 1, 2016 to state Article 51 in the following edition:
"Article 51. Confiscation of property
1. Confiscation of property is compulsory gratuitous seizure of all or part of the property belonging to the convicted person, as well as the property being the instrument or means of committing a crime, into the property of the state.
For commission of corruption crimes and crimes committed as part of an organized group, criminal society (criminal organization), transnational organized group, transnational criminal society (transnational criminal organization) or a stable armed group (gang), except the property of the convicted person, the property obtained by criminal means or purchased with the funds, obtained by criminal means, transferred by the convicted to the property of other persons, shall be subject to confiscation.
For commission of crimes, provided for in Article 193 of this Code, except the property of the convicted, the property obtained by criminal means or purchased with the funds, obtained by criminal means, transferred by the convicted to the property of others, shall be subject to confiscation.
For commission of terroristic crimes, except the property of the convicted person, the property obtained by criminal means, used or intended for the use of financing terroristic activity shall be subject to confiscation .
2. Confiscation of property shall be established for the crimes, committed for mercenary motives and may be imposed only in the cases, provided for by the relevant Articles of the Special part of this Code.
3. The property, necessary for the convicted person or the persons dependent on him/her, according to the list provided for by criminal-executive legislation, shall not be subject to confiscation.
Note. Money and other property, legalized in accordance with the Law of the Republic of Kazakhstan "On Amnesty of citizens of the Republic of Kazakhstan, repatriates and persons having a residence permit in the Republic of Kazakhstan in connection with the property legalization by them", shall not be subject to confiscation, if they are obtained as a result of a criminal infraction under which the same Law provides for exemption from criminal responsibility.
At the same time, the provisions of the Note to this Article shall not be applied to judicial acts, that entered into force as of September 1, 2014, and shall not be applied to the legalized property and money that were not subject to legalization.
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, № 15-16, Article 212; 2000, № 6, Article 141; 2002, № 18, Article 158; 2003, № 24, Article 180; 2009, № 24, Article 128; 2014, № 8, Article 49).
Footnote. Article 467 as amended by the Laws of the Republic of Kazakhstan dated 13.11.2015 № 400-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 18.04.2017 № 58-VI (shall be enforced upon expiry of ten calendar days after its first official publication); № 217-VI as of 21.01.2019 (shall be enforced ten calendar days after its first official publication); № 290-VІ as of 27.12.2019 (shall be enforced from 01.01.2020); dated 27.12.2021 № 88-VII (effective from 01.01.2022); dated 15.04.2024 № 72-VIII (shall be enforced upon expiry of sixty calendar days after its first official publication).
| The President | |
| of the Republic of Kazakhstan | N.Nazarbayev |