Document from CIS Legislation database © 2003-2024 SojuzPravoInform LLC

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

Criminal Code of the Republic of Kazakhstan

of July 16, 1997 No. 167-I

(as amended on 10-06-2014)

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 citizen

Article 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 crime

Article 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

General part

Section 1. Penal statute

Article 1. Penal legislation of the Republic of Kazakhstan

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.

Article 2. Tasks of the Criminal code

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.

Article 3. Basis of criminal liability

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.

Article 4. Action of the penal statute in time

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.

Article 5. Retroactive effect of the penal statute

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.

Article 6. Action of the penal statute concerning persons who committed crime in the territory of the Republic of Kazakhstan

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.

Article 7. Action of the penal statute concerning persons who committed crime outside the Republic of Kazakhstan

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.

Article 8. Issue of persons who committed crime

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.

Section 2. Crime

Article 9. Concept of crime

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.

Article 10. Categories of crimes

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.

Article 10-1. Administrative pre-judiction

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.

Article 11. Not momentariness of crimes

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.

Article 12. Cumulative offenses

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.

Article 13. Recurrence of crimes

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.

Article 14. Persons which are subject to criminal liability

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.

Article 15. Age from which there comes criminal liability

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.

Article 16. Diminished responsibility

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.

Article 17. Criminal liability of persons with the mental disturbance which is not excluding sanity

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.

Article 18. Criminal liability of persons who committed crime in state of intoxication

Person who committed crime in the state of intoxication caused by alcohol intake, drugs or other stupefying substances is not exempted from criminal liability.

Article 19. Wine

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.

Article 20. The crime committed intentionally

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.

Article 21. The crime committed on imprudence

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.

Article 22. Responsibility for the crimes committed with two forms of fault

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.

Article 23. Innocent damnification

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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