of July 16, 1997 No. 167-I
Table of contents
General part
Section 1. Penal statute
Article 1. Penal legislation of the Republic of Kazakhstan
Article 2. Tasks of the Criminal code
Article 3. Basis of criminal liability
Article 4. Action of the penal statute in time
Article 5. Retroactive effect of the penal statute
Article 6. Action of the penal statute concerning persons who committed crime in the territory of the Republic of Kazakhstan
Article 7. Action of the penal statute concerning persons who committed crime outside the Republic of Kazakhstan
Article 8. Issue of persons who committed crime
Section 2. Crime
Article 9. Concept of crime
Article 10. Categories of crimes
Article 10-1. Administrative pre-judiction
Article 11. Not momentariness of crimes
Article 12. Cumulative offenses
Article 13. Recurrence of crimes
Article 14. Persons which are subject to criminal liability
Article 15. Age from which there comes criminal liability
Article 16. Diminished responsibility
Article 17. Criminal liability of persons with the mental disturbance which is not excluding sanity
Article 18. Criminal liability of persons who committed crime in state of intoxication
Article 19. Wine
Article 20. The crime committed intentionally
Article 21. The crime committed on imprudence
Article 22. Responsibility for the crimes committed with two forms of fault
Article 23. Innocent damnification
Article 24. Preparation for crime and attempted crime
Article 25. Completed crime
Article 26. Voluntary refusal of crime
Article 27. Concept of partnership in crime
Article 28. Types of assisting offenders
Article 29. Responsibility of assisting offenders
Article 30. Excess of the assisting offender
Article 31. Forms of partnership in crime
Article 32. Justifiable defense
Article 33. Damnification during detention of person who made encroachment
Article 34. Emergency
Article 34-1. Implementation of investigation and search operations
Article 35. Reasonable risk
Article 36. Physical or mental compulsion
Article 37. Execution of the order or order
Section 3. Punishment
Article 38. Concept and purposes of punishment
Article 39. Types of punishments
Article 40. Penalty
Article 41. Deprivation of the right to hold certain position or to be engaged in certain activities
Article 42. Attraction to social jobs
Article 43. Corrective works
Article 44. Restriction on military service
Article 45. Restriction of freedom
Article 46. Content on guardroom
Article 47. It is excluded by the Law of the Republic of Kazakhstan of July 10, 2009 No. 177-IV (procedure for enforcement see the Art. 2)
Article 48. Imprisonment
Article 49. Capital punishment
Article 50. Deprivation of special, military or honorary title, class rank, diplomatic rank, qualification class and state awards
Article 51. Confiscation of property
Section 4. Assignment of punishment
Article 52. General beginnings of assignment of punishment
Article 53. The circumstances commuting criminal liability and penalty
Article 54. The circumstances aggravating criminal liability and punishment
Article 55. Purpose of milder pinishment, than is provided for this crime
Article 56. Assignment of punishment for unfinished crime
Article 57. Assignment of punishment for the crime committed in partnership
Article 58. Assignment of punishment on cumulative offenses
Article 59. Assignment of punishment in case of recurrence of crimes
Article 60. Assignment of punishment on cumulative sentences
Article 61. Procedure for determination of terms of punishment in case of their addition
Article 62. Calculation of terms of punishments and offset of punishment
Article 63. Conditional condemnation
Article 64. Cancellation of conditional condemnation or prolongation of probation period
Section 5. Release from criminal liability and punishment
Article 65. Release from criminal liability in connection with active repentance
Article 66. Release from criminal liability in case of exceeding of limits of justifiable defense
Article 67. Release from criminal liability in connection with conciliation
Article 68. Release from criminal liability in connection with change of situation
Article 69. Release from criminal liability in connection with lapse of time
Article 70. Parole from serving sentence
Article 71. Replacement of unexpired part of punishment with softer type of punishment
Article 72. Serving sentence delay to the expectant mothers and women having juvenile children and the men alone raising juvenile children
Article 73. Release from punishment in connection with disease
Article 74. Release from punishment and delay of serving sentence owing to force majeure
Article 75. Release from serving sentence in connection with conviction lapse of time
Article 76. Release from criminal liability and punishment based on the act of amnesty or pardon
Article 77. Criminal record
Section 6. Criminal liability of minors
Article 78. Criminal liability of minors
Article 79. Types of the penalties imposed by the minor
Article 80. Assignment of punishment to the minor
Article 81. Release of minors from criminal liability and punishment
Article 82. Enforcement powers of educational impact
Article 83. Content and terms of application of enforcement powers of educational impact
Article 84. Parole of minors from serving sentence
Article 85. Prescriptive limits
Article 86. Criminal record repayment periods
Article 87. Application of provisions of this Section to persons aged from eighteen up to twenty one years
Section 7. Enforcement powers of medical nature
Article 88. Bases of application of enforcement powers of medical nature
Article 89. Purposes of application of enforcement powers of medical nature
Article 90. Types of enforcement powers of medical nature
Article 91. Out-patient forced observation and treatment at the psychiatrist
Article 92. Forced treatment in psychiatric hospital
Article 93. Prolongation, change and phase-out of enforcement powers of medical nature
Article 94. Assignment of punishment after application of enforcement powers of medical nature
Article 95. The enforcement powers of medical nature connected to execution of the punishment
Special part
Chapter 1. Crimes against the personality
Article 96. Murder
Article 97. Murder of the newborn child by mother
Article 98. The murder committed in the heat of passion
Article 99. The murder committed in case of exceeding of limits of justifiable defense
Article 100. The murder committed in case of exceeding of the measures necessary for detention of person who committed crime
Article 101. Negligent homicide
Article 102. Bringing to suicide
Article 103. Intentional causing severe harm to health
Article 104. Intentional causing average weight of harm to health
Article 105. It is excluded by the Law of the Republic of Kazakhstan of January 18, 2011 No. 393-IV (procedure for enforcement see the Art. 2)
Article 106. It is excluded by the Law of the Republic of Kazakhstan of December 9, 2004 No. 10-III
Article 107. Torture
Article 108. Damnification to health in the heat of passion
Article 109. Causing severe harm to health in case of exceeding of limits of justifiable defense
Article 110. Causing severe harm to health during detention of person who committed crime
Article 111. Careless damnification to health
Article 112. Threat
Article 113. Coercion to withdrawal or unlawful taking of bodies and tissues of the person
Article 114. Inadequate accomplishment of professional obligations medical and pharmaceutical workers
Article 114-1. Violation of procedure for performing clinical trials and application of new methods and prophylactics, diagnostics, treatment and medical rehabilitation
Article 115. Infection with venereal disease
Article 116. Infection with human immunodeficiency virus (HIV/AIDS)
Article 117. Illegal production of abortion
Article 118. Non-rendering of the help to the patient
Article 119. Leaving is in danger
Article 120. Rape
Article 121. Violent acts of sexual nature
Article 122. Sexual connection and other actions of sexual nature with person which did not reach sixteen-year age
Article 123. Compulsion to sexual connection, sodomy, lesbianism or other actions of sexual nature
Article 124. Depravity of juveniles
Article 125. Kidnapping
Article 126. Illegal imprisonment
Article 127. The illegal room in psychiatric hospital
Article 128. Human trafficking
Article 129. Slander
Article 130. Insult
Chapter 2. Crimes against family and minors
Article 131. Involvement of the minor in criminal activities
Article 132. Involvement of the minor in making of antisocial actions
Article 132-1. Involvement of the minor in occupation prostitution
Article 133. Trade in minors
Article 134. Substitution of the child
Article 135. Disclosure of secrecy of adoption (adoption)
Article 136. Non-execution of obligations on payment of funds for content of children or disabled parents
Article 137. Non-execution of obligations on education of the minor
Article 138. Improper execution of obligations on safety of life and health of children
Article 138-1. Violation of the labor law of the Republic of Kazakhstan concerning minors
Article 139. Abuse of the rights of the guardian or custodian
Article 140. Evasion from content of the disabled spouse (spouse)
Chapter 3. Crimes against the constitutional and other rights and freedoms of man and citizenArticle 141. Violation of equality of citizens
Article 141-1. Tortures
Article 142. Violation of personal privacy and legislation of the Republic of Kazakhstan on personal data and their protection
Article 143. Illegal violation of mystery of correspondence, telephone negotiations, post, cable or other messages
Article 144. Disclosure of medical secret
Article 145. Violation of inviolability of home
Article 146. Hindrance to implementation of the voting rights or work of the electoral commissions
Article 147. Falsification of the selective documents, documents of referendum or wrong counting of votes
Article 148. Violation of the labor law of the Republic of Kazakhstan
Article 149. It is excluded by the Law of the Republic of Kazakhstan of January 18, 2011 No. 393-IV (procedure for enforcement see the Art. 2)
Article 150. It is excluded by the Law of the Republic of Kazakhstan of January 18, 2011 No. 393-IV (procedure for enforcement see the Art. 2)
Article 150-1. Hindrance of legal activities of employee representatives
Article 151. Hindrance to holding meeting, meeting, demonstration, procession, picketing or participation in them
Article 152. Labor protection abuse of regulations
Article 153. Coercion to participation in strike or to refusal of participation in strike
Article 154. It is excluded by the Law of the Republic of Kazakhstan of December 9, 2004 No. 10-III
Article 155. Hindrance of legal professional activity of the journalist
Chapter 4. Crimes against the world and safety of mankind
Article 156. Planning, preparation, unbinding or conducting war of aggression
Article 157. Promotion and public calls for unleashing of war of aggression
Article 158. Production or distribution of weapons of mass destruction
Article 159. Application of the prohibited means and methods of warfare
Article 160. Genocide
Article 161. Ecocide
Article 162. Nayemnichestvo
Article 162-1. Participation in foreign armed conflicts
Article 163. Attack on persons or the organizations using international protection
Article 164. Initiation of social, race, patrimonial, racial or religious strife
Chapter 5. Crimes against bases of the constitutional system and safety of the state
Article 165. High treason
Article 166. Espionage
Article 166-1. Infringement of life of the First President of the Republic of Kazakhstan - the Leader Nation
Article 167. Infringement of life of the President of the Republic of Kazakhstan
Article 168. The forcible seizure of power or violent deduction of the power or implementation by representatives of foreign state or the foreign organization of the powers entering competence of authorized bodies and officials of the Republic of Kazakhstan
Article 169. Armed rebellion
Article 170. Appeals to violent overthrow or change of the constitutional system or violent violation of unity of the territory of the Republic of Kazakhstan
Article 171. Diversion
Article 172. Illegal receipt, disclosure, distribution of the state secrets
Article 173. Loss of documents, the objects containing the state secrets
Article 174. Draft evasion on mobilization
Chapter 6. Property offenses
Article 175. Theft
Article 176. Assignment or waste of entrusted alien property
Article 177. Fraud
Article 177-1. Creation and (or) management of financial activities (investment) pyramid
Article 178. Robbery
Article 179. Robbery
Article 180. Plunder of the objects having special value
Article 181. Racketing
Article 182. Causing property damage by deception or confidence abuse
Article 183. Acquisition or sale of the property which is obviously got in the criminal way
Article 183-1. Transportation, acquisition, realization, oil storage and oil products, and also oil refining without documents confirming legality of their origin
Article 184. Violation of the author's and (or) related rights
Article 184-1. Violation of the rights to inventions, useful models, industrial designs, selection achievements or topology of integral chips
Article 185. Illegal occupancy by the car or other vehicle without the plunder purpose
Article 186. Violation of the corporeal rights to the earth
Article 187. Intentional destruction or damage of alien property
Article 188. Careless destruction or damage of alien property
Chapter 7. Crimes in the field of economic activity
Article 189. It is excluded
Article 190. Illegal entrepreneurship
Article 191. Illegal banking activity
Article 192. Pseudo-entrepreneurship
Article 192-1. Making by the subject of private entrepreneurship of the transaction (transactions) without intention to perform business activity
Article 193. Legalization (washing) of the money and (or) other property received in the criminal way
Article 194. Illegal receipt and inappropriate use of the credit
Article 194-1. Inappropriate use of the money received from placement of bonds
Article 195. It is excluded by the Law of the Republic of Kazakhstan of January 18, 2011 No. 393-IV (procedure for enforcement see the Art. 2)
Article 196. Monopolistic activities
Article 197. It is excluded by the Law of the Republic of Kazakhstan of January 18, 2011 No. 393-IV (procedure for enforcement see the Art. 2)
Article 198. Obviously false advertizing
Article 199. Illegal use of the trademark
Article 200. Illegal obtaining and disclosure of the data which are trade or bank secret
Article 201. It is excluded by the Law of the Republic of Kazakhstan of January 18, 2011 No. 393-IV (procedure for enforcement see the Art. 2)
Article 202. Violation of procedure for release of issued securities
Article 202-1. Failure to provide information or submission of obviously false data by the official of the issuer of securities
Article 203. Entering into the register of security holders of obviously false data
Article 204. Submission of obviously false data by professional participants of the security market
Article 205. Abuse of regulations of carrying out transactions with securities
Article 205-1. Loss of the documents and data constituting system of registers of security holders
Article 205-2. Manipulation in the security market
Article 205-3. Illegal use of the insider information
Article 206. Production or sale of counterfeit money or securities
Article 207. Production or sale of counterfeit payment cards and other payment and settlement documents
Article 208. Violation of procedure and rules of marking of excise goods excise stamps and (or) accounting and control brands, counterfeit and use of excise stamps and (or) accounting and control brands
Article 209. Economic smuggling
Article 210. It is excluded by the Law of the Republic of Kazakhstan of July 9, 1998 No. 277
Article 211. It is excluded by the Law of the Republic of Kazakhstan of July 9, 1998 No. 277
Article 212. It is excluded by the Law of the Republic of Kazakhstan of July 9, 1998 No. 277
Article 213. Not return from abroad means in national and foreign currency
Article 214. Evasion from customs payment and charges
Article 215. Wrongful acts in case of rehabilitation and bankruptcy
Article 216. Deliberate bankruptcy
Article 216-1. Bringing to insolvency
Article 217. False bankruptcy
Article 218. Violation of the law of the Republic of Kazakhstan about financial accounting and the financial reporting
Article 219. Submission of obviously false data on banking activities
Article 220. Illegal use of money of bank
Article 221. Evasion of the citizen from the tax discharge and (or) other obligatory payments in the budget
Article 222. Tax avoidance and (or) other obligatory payments in the budget from the organizations
Article 222-1. Illegal actions concerning the property limited on hand on account of tax debt of the taxpayer
Article 223. It is excluded by the Law of the Republic of Kazakhstan of January 18, 2011 No. 393-IV (procedure for enforcement see the Art. 2)
Article 224. Receipt of illegal remuneration
Article 225. It is excluded by the Law of the Republic of Kazakhstan of January 18, 2011 No. 393-IV (procedure for enforcement see the Art. 2)
Article 226. Coercion to transaction or to refusal of its making
Article 226-1. Raiding
Article 227. It is excluded according to the Law of the Republic of Kazakhstan of 23.04.2014 No. 200-V ZRK
Article 227-1. It is excluded according to the Law of the Republic of Kazakhstan of 23.04.2014 No. 200-V ZRK
Chapter 7-1. Crimes against safety of information technologies
Article 227-2. Illegal information access, in information system or information and communication network
Article 227-3. Illegal destruction or modification of information
Article 227-4. Intentional violation of work of information system or information and communication network
Article 227-5. Illegal occupancy by information
Article 227-6. Coercion to information transfer
Article 227-7. Creation, use or distribution of malicious computer applications and software products
Article 227-8. Illegal distribution of electronic information resources of limited access
Article 227-9. Provision of services for placement of the Internet resources pursuing the illegal aims
Article 227-10. Illegal change of identification code of the subscriber structure of cellular communication, device of identification of the subscriber, and also creation, use, distribution of programs for change of identification code of the subscriber device
Chapter 8. Crimes against interests of service in commercial and other organizations
Article 228. Abuse of authority
Article 229. Abuse of authority by the private notaries, private legal executives and auditors working as a part of auditing organization
Article 230. Abuse of authority by employees of private security services
Article 231. Commercial bribery
Article 232. Unfair relation to obligations
Chapter 9. Crimes against public safety and public order
Article 233. Act of terrorism
Article 233-1. Promotion of terrorism or public calls for making of the act of terrorism or extremism
Article 233-2. Creation, management of terrorist group and participation in its activities
Article 233-3. Financing of terrorist or extremist activities and other complicity to terrorism or extremism
Article 233-4. Recruitment or preparation or arms of persons for the purpose of the organization of terrorist or extremist activities
Article 233-5. Passing of terrorist or extremist preparation
Article 234. Taking of the hostage
Article 235. Creation and management of organized group for the purpose of making of one or several crimes, and is equal participation in it
Article 235-1. Creation and management of criminal society (the criminal organization), and is equal participation in it
Article 235-2. Creation and management of transnational organized group for the purpose of making of one or several crimes, and is equal participation in it
Article 235-3. Creation and management of transnational criminal society (the transnational criminal organization), and is equal participation in it
Article 235-4. Financing of activities of organized group, criminal society (criminal organization) or transnational organized group, transnational criminal society (transnational criminal organization) or steady armed group (gang), and equally in collection, storage, distribution of property, development of channels of financing
Article 236. Organization of illegal paramilitary force
Article 237. Gangsterism
Article 238. Attack on buildings, constructions, intermedia and bonds
Article 239. Stealing, and equally in capture of air or water vessel or railway rolling stock
Article 240. Piracy
Article 241. Mass riots
Article 242. Obviously untrue report on the act of terrorism
Article 242-1. Distribution of obviously false information
Article 243. Illegal export of technologies, scientific and technical information and the services used during creation of weapons of mass destruction, arms and military equipment
Article 244. Abuse of regulations of safety on objects of nuclear power
Article 245. Abuse of regulations of safety when conducting mining or construction works
Article 245-1. Substandard construction
Article 246. Abuse of regulations of safety on explosive objects
Article 246-1. Abuse of regulations of safety when implementing space activities
Article 247. Illegal treatment of radioactive materials
Article 248. Plunder or racketing of radioactive materials
Article 249. Abuse of regulations of the treatment of radioactive materials
Article 250. Smuggling of the objects or objects withdrawn from circulation which address is limited
Article 251. Illegal acquisition, transfer, sale, storage, transportation or carrying weapon, ammunition, explosives and destructive devices
Article 252. Illegal manufacture of weapon
Article 253. Negligent custody of firearms
Article 254. Improper execution of obligations on protection of weapon, ammunition, explosives or destructive devices
Article 255. Plunder or racketing of weapon, ammunition, explosives and destructive devices
Article 256. Abuse of regulations of fire safety
Article 257. Hooliganism
Article 258. Vandalism
Chapter 10. Crimes against health of the population and morality
Article 259. Illegal production, conversion, acquisition, storage, transportation, transfer or sale of drugs or psychotropic substances
Article 260. Plunder or racketing of drugs or psychotropic substances
Article 261. Inducement to consumption of drugs or psychotropic substances
Article 262. Illegal cultivation of the plants prohibited to cultivation containing narcotic substances
Article 263. Illicit trafficking in toxic agents the, and also substances, tools or the equipment used for production or conversion of drugs, psychotropic or toxic agents
Article 264. The organization or content of brothels for consumption of drugs or psychotropic substances, or provision of rooms for the same purposes
Article 265. Abuse of regulations of the treatment of drugs, psychotropic, or toxic agents
Article 266. Illegal medical and pharmaceutical activities and illegal issue or counterfeit of the recipes or other documents granting the right to drugs or psychotropic substances
Article 267. Violation of sanitary and epidemiologic rules
Article 268. Concealment of information on the circumstances creating danger to life or human health
Article 269. Release or sales of goods, performance of works or rendering the services which are not meeting safety requirements
Article 269-1. Organization of illegal gaming
Article 270. Involvement in occupation prostitution
Article 271. The organization or content of brothels for occupation prostitution and procurement
Article 272. The organization or content of brothels for befuddling with use of medicinal or other means
Article 273. Illegal distribution of pornographic materials or objects
Article 273-1. Production and turnover of materials or objects with pornographic images of minors or their attraction for participation in spectacular actions of pornographic nature
Article 274. Illegal distribution of the works propagandizing cult of cruelty and violence
Article 275. Violation of bodies of the dead and places of their burial
Article 275-1. Unlawful taking of bodies and fabrics of corpse of the person
Article 276. Animals abuse
Chapter 11. Ecological crimes
Article 277. Violation of ecological requirements to economic and other activity
Article 278. Violation of ecological requirements in case of production and use of ecologically potentially dangerous chemical, radioactive and biological materials
Article 279. Abuse of regulations of safety in case of the treatment of microbiological or other biological agents or toxins
Article 280. Violation of the veterinary rules and rules established for fight against diseases and wreckers of plants
Article 281. Pollution, contamination and depletion of waters
Article 282. Pollution of the atmosphere
Article 283. Marine pollution
Article 284. Violation of the law about the continental shelf of the Republic of Kazakhstan and about exclusive economic zone of the Republic of Kazakhstan
Article 285. Spoil of the earth
Article 286. Abuse of regulations of protection and use of subsoil
Article 287. Illegal production of fish resources and other water animals and plants
Article 288. Illegal hunting
Article 289. Abuse of regulations of protection of fauna
Article 290. The illegal address with the rare and being under the threat of disappearance types of plants and animals and (or) their parts and derivatives, and also with plants and animal and (or) their parts and derivatives which withdrawal is forbidden
Article 291. Illegal felling of trees and bushes
Article 292. Destruction or damage of the woods
Article 293. Violation of the mode of especially protected natural territories
Article 294. Rejection of measures for mitigation of consequences of ecological pollution
Chapter 12. Transport crimes
Article 295. Violation of safety rules and operation of rail, air or water transport
Article 296. Road traffic offense and operation of vehicles by persons managing vehicles
Article 297. Leaving of the place of the road accident
Article 298. Substandard repair of vehicles and their release in operation with technical defects, the admission to vehicle control of person which is in state of intoxication
Article 299. Intentional reduction in worthlessness of vehicles or means of communication
Article 300. Abuse of regulations, ensuring safe functioning of transport
Article 301. Train stop, unauthorized without need
Article 302. Violation of the rules existing on transport
Article 303. Abuse of regulations of safety in case of construction, operation or repair of bulk distribution lines
Article 304. Intentional damage or destruction of pipelines
Article 304-1. Careless damage or destruction of pipelines
Article 305. Non-rendering by the ship master of the help in distress
Article 306. Abuse of regulations of the international flights
Chapter 13. Corruption and other crimes against interests of public service and public administration
Article 307. Abuse of ex-officio full powers
Article 307-1. Illegal disclosure or other illegal use of data and information on transactions with money and (or) other property
Article 308. Exceeding of the power or ex-officio full powers
Article 309. Assignment of powers of the official
Article 310. Illegal participation in business activity
Article 310-1. Hindrance of legal business activity
Article 311. Taking of a bribe
Article 312. Bribery
Article 313. Mediation in bribery
Article 314. Office forgery
Article 315. Failure to act on service
Article 316. Negligence
Chapter 14. Crimes against procedure for management
Article 317. Violation of the state symbols of the Republic of Kazakhstan
Article 317-1. Public insult and other infringement of honor and advantage of the First President of the Republic of Kazakhstan - the Leader Nation, defilement of images of the First President of the Republic of Kazakhstan - the Leader Nation, hindrance of legal activities of the First President of the Republic of Kazakhstan - the Leader Nation
Article 317-2. Violation of guarantees of immunity of the First President of the Republic of Kazakhstan - the Leader Nation
Article 318. Infringement of honor and advantage of the President of the Republic of Kazakhstan and hindrance of its activities
Article 319. Infringement of honor and advantage of the deputy and hindrance of its activities
Article 319-1. Hindrance of activities of the Constitutional Council of the Republic of Kazakhstan
Article 320. Insult of the public agent
Article 321. Use of violence to the public agent
Article 321-1. Hindrance of activities of the prosecutor and non-execution of its legal requirements
Article 322. Disclosure of data on the security measures applied concerning the official holding responsible state position
Article 323. Acquisition or sale of official documents and state awards
Article 324. Stealing or damage of documents, stamps, seals
Article 325. Counterfeit, production or sale of forgery documents, stamps, seals, forms, state awards
Article 326. Evasion from military service
Article 327. Arbitrariness
Article 328. Unauthorized assignment of rank of the public agent or official holding responsible state position
Article 329. Illegal raising of National flag
Article 330. Intentional illegal crossing of Frontier of the Republic of Kazakhstan
Article 330-1. Failure to carry out of the decision on expulsion
Article 330-2. Organization of illegal migration
Article 330-3. Numerous abuse of regulations of attraction and use in the Republic of Kazakhstan of foreign labor power
Article 331. Illegal change of Frontier of the Republic of Kazakhstan
Article 332. Illegal use by emblems and signs of Red Crescent and Red Cross
Article 333. Violation and non-execution of rules of protection of communication lines, and also the objects which are subject to the state protection
Article 334. Violation of procedure for the organization and holding meetings, meetings, pickets, street processions and demonstrations
Article 335. Management of the prohibited strike, hindrance to work of the company, organization in the conditions of emergency state
Article 336. Illegal intervention of members of public associations in activities of state bodies
Article 337. Creation or participation in activities of illegal public and other associations
Article 337-1. The organization of activities of public or religious association or other organization after the judgment about prohibition of their activities or liquidation in connection with implementation of extremism by them
Article 338. Rendering assistance to political parties and labor unions of foreign states
Chapter 15. Crimes against justice and procedure for execution of punishments
Article 339. Hindrance to implementation of justice and production of preliminary inquiry
Article 340. Infringement of life of person performing justice or preliminary inquiry
Article 341. Threat or violent acts in connection with implementation of justice or production of preliminary inquiry
Article 342. Disrespect for court
Article 343. Slander concerning the judge, the jury member, the prosecutor, the investigator, person making inquiry, the expert, the bailiff, the legal executive
Article 344. Attraction obviously innocent to criminal liability
Article 345. Obviously illegal release from criminal liability
Article 346. Obviously illegal arrest, detention or detention
Article 347. Coercion to evidence
Article 347-1. It is excluded by the Law of the Republic of Kazakhstan of January 18, 2011 No. 393-IV
Article 348. Falsification of proofs and operational search materials
Article 349. Provocation of commercial bribery or corruption crime
Article 350. Removal obviously miscarriage of justice, decision or other court resolution
Article 351. Obviously false denunciation
Article 352. Obviously false evidences, expert opinions, specialist or incorrect translation
Article 353. Refusal of the witness or victim of evidence
Article 354. Bribery or coercion to perjury or evasion from evidence, to the false conclusion or to incorrect translation
Article 355. Disclosure of data of inquiry or pretrial investigation
Article 356. Disclosure of data on the security measures applied concerning persons which are subject to the state protection
Article 357. Illegal actions concerning the property subjected to the inventory or arrest or which is subject to confiscation
Article 358. Escape from places of detention, from under arrest or from custody
Article 359. Evasion from serving sentence in the form of imprisonment
Article 360. Disobedience to legal requirements of administration of criminal and executive organization
Article 361. Threat of use of violence to the employee of the organization providing isolation from society or his relatives, and also the convict or infringement of their health or life
Article 362. Non-execution of the court verdict, judgment or other court resolution and executive document
Article 363. Concealment of crimeArticle 363-1. Shelter of crime
Article 364. Failure to report about crime
Article 365. Hindrance of legal activities of lawyers and other persons for protection of the rights, freedoms and legitimate interests of man and citizen, and also rendering legal aid to physical persons and legal entities
Chapter 16. Military crimes
Article 366. Concept of military crime
Article 367. Disobedience or other non-execution of the order
Article 368. Resistance to the chief or coercion it to violation of service duties
Article 369. Violent acts concerning the chief
Article 370. Violation of authorized rules of relations between the military personnel in the absence of the subordination relations between them
Article 371. Serviceman's insult
Article 372. Unauthorized leaving of part or duty station
Article 373. Desertion
Article 374. Evasion from military service by mutilation or otherwise
Article 375. Alert execution abuse of regulations
Article 376. Abuse of regulations of execution of the border service
Article 377. Violation of authorized rules of execution of guard (log) duty
Article 378. Violation of authorized rules of execution of internal service or patrol in garrison
Article 379. Abuse of regulations of service on protection of public order and ensuring public safety
Article 380. Authority misuse
Article 380-1. Exceeding of the power or office powers
Article 380-2. Administrative dereliction
Article 381. Negligent attitude to service
Article 382. Leaving of the lost warship
Article 383. Delivery or leaving to the opponent of means of warfare
Article 384. Voluntary surrender
Article 385. Marauding
Article 386. Disclosure of the classified information of military nature or loss of the documents containing the classified information of military nature
Article 387. Intentional destruction or damage of military property
Article 388. Careless destruction or damage of military property
Article 389. Loss of military property
Article 390. Abuse of regulations of weapon handling, and also the substances and objects constituting danger to people around
Article 391. Abuse of regulations of driving or operation of machines
Article 392. Abuse of regulations of flights or preparation for them
Article 393. Abuse of regulations of ship navigation
1. The penal legislation of the Republic of Kazakhstan consists only of this Criminal Code of Kazakhstan. Other laws providing criminal liability are subject to application only after their inclusion in this Code.
2. This Code is based on the Constitution of the Republic of Kazakhstan and the conventional principles and rules of international law.
1. Tasks of this Code are:
protection of the rights, freedoms and legitimate interests of man and citizen, property, the rights and legitimate interests of the organizations, public order and safety, the environment, the constitutional system and territorial integrity of the Republic of Kazakhstan protected by the law of interests of society and state from criminal encroachments, protection of the world and safety of mankind, and also the prevention of crimes.
2. For implementation of these tasks this Code establishes the bases of criminal liability, determines what dangerous to the personality, societies or the states of act are crimes, establishes punishments and other measures of criminal law action for their making.
The single basis of criminal liability is crime execution, that is the act containing all signs of the actus reus provided by this Code. Nobody can be subjected to repeatedly criminal liability for the same crime.
Crime and punishability of act are determined by the law existing during making of this act. Time of crime execution time of implementation of socially dangerous action (failure to act), irrespective of time of approach of effects is recognized.
1. The law eliminating crime or punishability of act, commuting responsibility or penalty or otherwise improving provision of person who committed crime has retroactive force, that is extends to persons who made the corresponding act to the introduction of such law in force including to the persons serving sentence or who served sentence, but having criminal record.
2. If the new penal statute mitigates punishability of act for which person serves sentence, then the imposed penalty is subject to reducing within the sanction of again published penal statute.
3. The law establishing crime or punishability of act, strengthening responsibility or punishment or otherwise worsening situation of person who made this act, has no retroactive force.
1. Person who committed crime in the territory of the Republic of Kazakhstan is subject to responsibility under this Code.
2. The crime committed in the territory of the Republic of Kazakhstan act which is begun is recognized or continued, or was ended in the territory of the Republic of Kazakhstan. Action of this Code extends also to the crimes committed on the continental shelf and in exclusive economic zone of the Republic of Kazakhstan.
3. Person who committed crime on the vessel attributed to the port of the Republic of Kazakhstan and which is in open water or airspace outside the Republic of Kazakhstan is subject to criminal liability under this Code if other is not provided by the international treaty of the Republic of Kazakhstan. Under this Code criminal liability is born also by person who committed crime on the warship or the military aircraft of the Republic of Kazakhstan irrespective of the place of its stay.
4. The question of criminal liability of diplomatic representatives of foreign states and other citizens who use immunity in case of making by these persons of crime in the territory of the Republic of Kazakhstan is allowed according to rules of international law.
1. The citizens of the Republic of Kazakhstan who committed crime outside the Republic of Kazakhstan are subject to criminal liability under this Code if the act made by them is recognized as crime in the state in the territory of which it was made and if these persons were not condemned in other state. In case of condemnation of specified persons punishment cannot exceed upper limit of the sanction provided by the law of that state in the territory of which the crime was committed. On the same bases also persons without citizenship bear responsibility.
Provisions of this Code are applied irrespective of the place of crime execution to citizens of the Republic of Kazakhstan, persons without citizenship who are constantly living in the territory of the Republic of Kazakhstan in cases of making of terrorist or extremist crime or crime against the world and safety of mankind if other is not established by the international treaty of the Republic of Kazakhstan.
2. The criminal record and other criminal consequence in law of committing by person of crime in the territory of other state have no criminal and legal value for the solution of question of criminal liability of this person for the crime committed in the territory of the Republic of Kazakhstan if other is not provided by the international treaty of the Republic of Kazakhstan or if the crime committed in the territory of other state did not infringe on interests of the Republic of Kazakhstan.
3. The military personnel of the military units of the Republic of Kazakhstan which are deployed beyond its limits bears criminal liability under this Code for the crimes committed in the territory of foreign state if other is not provided by the international treaty of the Republic of Kazakhstan.
4. The foreigners who committed crime outside the Republic of Kazakhstan are subject to criminal liability under this Code in cases if the crime is directed against interests of the Republic of Kazakhstan, and in the cases provided by the international treaty of the Republic of Kazakhstan if they were not condemned in other state and are brought to trial in the territory of the Republic of Kazakhstan.
1. The citizens of the Republic of Kazakhstan who committed crime in the territory of other state are not subject to issue to this state if other is not established by international treaties.
2. The foreigners and persons without citizenship who committed crime outside the Republic of Kazakhstan and being in the territory of the Republic of Kazakhstan can be issued to foreign state for criminal prosecution or serving sentence according to the international treaty of the Republic of Kazakhstan.
1. Crime is recognized committed socially dangerous act (action or failure to act) prohibited by this Code under the threat of punishment is guilty. Application of the penal statute by analogy is not allowed.
2. Action or failure to act though it is formal and containing signs of any act provided by the Special part of this Code, but owing to insignificance not constituting public danger, that is not done harm and not created threat of damnification of the personality, to society or the state is not crime.
1. The acts provided by this Code depending on nature and degree of public danger are subdivided into crimes of small weight, crime of average weight, serious crimes and especially serious crimes.
2. Crimes of small weight intentional acts for which making the maximum punishment prescribed by this Code does not exceed two years of imprisonment, and also careless acts for which making the maximum punishment prescribed by this Code does not exceed five years of imprisonment are recognized.
3. Crimes of average weight intentional acts for which making the maximum punishment prescribed by this Code does not exceed five years of imprisonment, and also careless acts for which making custodial sanction for the term of over five years is prescribed are recognized.
4. Serious crimes intentional acts for which making the maximum punishment prescribed by this Code does not exceed twelve years of imprisonment are recognized.
5. Especially serious crimes intentional acts for which making this Code prescribes custodial sanction for the term of over twelve years or capital punishment are recognized.
In the cases provided by the Special part of this Code, criminal liability for the crime which is not constituting big public danger comes if act is made within year after imposing of administrative punishment for the same administrative offense.
1. Not momentariness of crimes making of two or more acts provided by the same Article or part of Article of the Special part of this Code is recognized.
2. It is excluded
3. The crime is not recognized committed repeatedly if person was condemned for earlier committed crime, or is exempted from criminal liability on the bases, the established law.
4. The continued crime, that is the crime consisting of number of identical criminal actions which are covered by single intention and the purpose is not recognized numerous and form in general one crime.
5. In cases when not momentariness of crimes is provided by this Code as the circumstance involving more stiff punishment, the commited by person crimes are qualified by the corresponding part of Article of the Special part of this Code prescribing punishment for not momentariness of crimes.
1. Cumulative offenses making of two or more acts provided by different Articles or parts of Article of this Code of which person was not condemned for one or of was not exempted from criminal liability on the bases, the established law is recognized. In case of cumulative offenses person bears criminal liability for each committed crime under the relevant article or part of Article of this Code if signs of committed acts are not covered by regulation of one Article or part of Article of this Code prescribing more stiff punishment.
2. Cumulative offenses also one action (failure to act) containing signs of the crimes provided by two or more Articles of this Code is recognized. In case of such cumulative offenses person bears criminal liability for each crime under the relevant articles of this Code if signs of one act are not covered by regulation of Article of this Code prescribing more stiff punishment for other act.
3. If the same act falls under signs of general and special regulations of the relevant articles of this Code, the cumulative offenses are absent and criminal liability comes under Article of the Special part of this Code containing special regulation.
1. Recurrence of crimes making of intentional crime by person having criminal record for earlier committed intentional crime is recognized.
2. The recurrence of crimes is recognized dangerous:
a) in case of committing by person of intentional crime for which it is condemned to imprisonment if earlier this person two times were condemned to imprisonment for intentional crime;
b) in case of committing by person of serious crime if earlier it was condemned for serious crime.
3. The recurrence of crimes is recognized especially dangerous:
a) in case of committing by person of intentional crime for which it is condemned to imprisonment if earlier this person at least three times were condemned to imprisonment for serious crimes or intentional crimes of average weight;
b) in case of committing by person of serious crime for which it is condemned to imprisonment if earlier this person was twice condemned to imprisonment for making of serious crime or it was condemned for especially serious crime;
c) in case of committing by person of especially serious crime if earlier it was condemned for heavy or especially serious crime.
4. Criminal records for the crimes which are commited by person aged up to eighteen years, and also the criminal records removed or extinguished according to the procedure, established by this Code, are not considered in case of recognition of recurrence.
5. The recurrence of crimes attracts more stiff punishment on the basis and in the limits provided by this Code.
1. Only the responsible physical person which reached the age established by this Code is subject to criminal liability.
2. Persons who committed crimes are equal before the law, irrespective of origin, social, official and property status, floor, race, nationality, language, the relation to religion, beliefs, belonging to public associations, the residence or any other circumstances.
1. Person which reached by the time of crime execution of sixteen-year age is subject to criminal liability.
2. Persons which reached by the time of crime execution of fourteen-year age are subject to criminal liability for murder (Article 96), intentional causing severe harm to health (Article 103), intentional causing average weight of harm to health in case of aggravating circumstances (Article 104, part two), rape (Article 120), violent acts of sexual nature (Article 121), kidnapping (Article 125), theft (Article 175, of part two, third), robbery (Article 178, of part two, third), robbery (Article 179), racketing (Article 181, of part two, third), illegal occupancy by the car or other vehicle without the plunder purpose in case of aggravating circumstances (Article 185, of part two, the third, fourth), intentional destruction or damage of property in case of aggravating circumstances (Article 187, of part two, third), the act of terrorism (Article 233), taking of the hostage (Article 234), obviously untrue report on the act of terrorism (Article 242), plunder or racketing of weapon, ammunition, explosives and destructive devices (Article 255), hooliganism in case of aggravating circumstances (Article 257, parts two, third), vandalism (Article 258), plunder or racketing of drugs or psychotropic substances (Article 260), violation of bodies of the dead and places of their burial in case of aggravating circumstances (Article 275, part two), intentional reduction in worthlessness of vehicles or means of communication (Article 299).
3. If the minor reached the age provided by parts one or the second this Article, but owing to lagging in the mental development which is not connected with mental disturbance during crime execution of small or average weight could not realize fully the actual nature and public danger of the actions (failure to act) or direct them, it is not subject to criminal liability.
1. Person who during making of socially dangerous act provided by this Code was in diminished responsibility condition is not subject to criminal liability, that is could not realize the actual nature and public danger of the actions (failure to act) or direct them owing to chronic mental disease, temporary mental disturbance, weak-mindedness or other disease state of mentality.
2. The enforcement powers of medical nature provided by this Code can be applied to person recognized deranged by court.
1. The responsible person who during crime execution owing to mental disturbance could not realize fully the actual nature and public danger of the actions (failure to act) or direct them, is subject to criminal liability.
2. The mental disturbance which is not excluding sanity is considered by court in case of assignment of punishment as attenuating circumstance and can form the basis for purpose of the enforcement powers of medical nature provided by this Code.
Person who committed crime in the state of intoxication caused by alcohol intake, drugs or other stupefying substances is not exempted from criminal liability.
1. Person is subject to criminal liability only for those socially dangerous acts (actions or failure to act) and the come socially dangerous effects concerning which his guilt is ascertained.
2. Objective imputation, that is criminal liability for innocent damnification, is not allowed.
3. Of crime it is found only guilty person who made act is intentional or on imprudence.
4. The act made on imprudence is recognized crime only that case when it is specially provided by the relevant article of the Special part Kodeksa.
1. The crime committed intentionally the act made with direct or indirect intent is recognized.
2. The crime is recognized committed with direct intention if person realized public danger of the actions (failure to act), expected opportunity or inevitability of socially dangerous effects and wished their approach.
3. The crime is recognized committed with indirect intent if person realized public danger of the actions (failure to act), expected possibility of approach of socially dangerous effects, did not wish, but consciously allowed approach of these effects or was indifferent to them.
1. The crime committed on imprudence the act made on self-confidence or negligence is recognized.
2. The crime is recognized committed on self-confidence if person expected possibility of approach of socially dangerous effects of the actions (failure to act), but without the bases, sufficient to that, thoughtlessly expected prevention of these effects.
3. The crime is recognized committed due to negligence if person did not expect possibility of approach of socially dangerous effects of the actions (failure to act) though it in case of due attentiveness and foresight shall and could expect these effects.
If as a result of making of intentional crime heavy effects which under the law attract more stiff punishment and which were not covered by intention of person are caused, criminal liability for such effects comes only if person expected possibility of their approach, but without the bases, sufficient to that, self-confidently expected their prevention or if person did not expect, but shall and could expect possibility of approach of these effects. In general such crime is recognized committed intentionally.
1. Act is recognized committed is innocent if actions (failure to act) and the come socially dangerous effects were not covered by intention of person which made it, and criminal liability for making of such act and causing socially dangerous effects on imprudence is not provided by this Code.
2. Act is recognized committed is innocent if person which made it did not realize and based on the circumstances of a matter could not realize public danger of the actions (failure to act) or did not expect possibility of approach of socially dangerous effects and based on the circumstances of a matter shall not or could not expect them. Act is recognized also committed is innocent if person expecting approach of socially dangerous effects in case of its making expected their prevention with the bases, sufficient on that, or could not prevent these effects owing to discrepancy of the psychophysiological qualities to requirements of extreme conditions or to psychological overloads.
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The document ceased to be valid since January 1, 2015, except for Article 51 (voids since January 1, 2018), according to article 467 of the Criminal Code of Kazakhstan of July 3, 2014 No. 226-V ZRK