of July 16, 1997 No. 168-I
About enforcement of the Criminal Code of Kazakhstan
Enact the Criminal Code of Kazakhstan since January 1, 1998, except for provisions for which other terms of enforcement are established by this Law.
Declare invalid since January 1, 1998 the Criminal code of the Kazakh SSR approved by the Law of the Kazakh SSR of July 22, 1959 "About approval of the Criminal code of the Kazakh SSR", and also all laws which in the Criminal code of the Kazakh SSR make changes and additions to the period from July 22, 1959 to January 1, 1998. The laws and regulatory legal acts operating in the territory of the Republic of Kazakhstan are subject to reduction in compliance with the Criminal Code of Kazakhstan. Until reduction in compliance with the Criminal Code of Kazakhstan the specified laws and regulatory legal acts are applied in the part which is not contradicting the Criminal Code of Kazakhstan.
Review the sentences of courts and other court resolutions pronounced till January 1, 1998 about application of other measures of criminal and legal nature for the purpose of their reduction in compliance with article 5 of the Criminal Code of Kazakhstan establishing retroactive effect of the penal statute in case the law eliminates crime of act, commutes penalty or otherwise improves provision of person who committed crime. Review of earlier pronounced sentences of courts and other court resolutions is made by the judge of the court which pronounced sentence or the court which is in the place of serving sentence by the convict. All brought criminal cases about the acts which are not recognized crimes according to the Criminal Code of Kazakhstan are subject to the termination.
Regulations of the Criminal Code of Kazakhstan on punishment in the form of attraction to social jobs become effective since January 1, 2000, about punishment in the form of restriction of freedom - since January 1, 2003, about lifelong imprisonment - since January 1, 2004, about punishment in the form of arrest - since January 1, 2010.
Persons condemned to punishment in the form of dismissal from position according to the subitem 6) Article parts one 21, of public reprimand according to the subitem 8) of Article part one 21, of assignment of obligation to smooth down damage suffered according to the subitem 9) of part one of article 21 of the Criminal code of the Kazakh SSR, are exempted from serving sentence with removal of criminal record from them.
To persons condemned to punishment in the form of corrective works without imprisonment with serving sentence not on place of employment of the convict under article 25 of the Criminal code of the Kazakh SSR, the imposed penalty is replaced with penalty in the amount of the amount which is subject to deduction in the income of the state. The amounts paid at the time of enforcement of the Criminal Code of Kazakhstan are subject to offsetting. The fine which is ordered to pay in this case cannot exceed the maximum size of the penalty provided by the relevant article of the Criminal Code of Kazakhstan.
Persons recognized as especially dangerous recidivists under article 23-1 of the Criminal code of the Kazakh SSR serve custodial sanction in corrective colonies of special regime.
The provision fixed in item 4 of the Note to article 175 of the Criminal Code of Kazakhstan extends to the persons who earlier made any of crimes, provided by Articles 63 (gangsterism), 76 (theft), 76-1 (robbery), 76-2 (robbery), 76-3 (fraud), 76-4 (plunder of alien property by assignment or waste or by abuse of official position), 76-7 (racketing), 203 (plunder of firearms, ammunition or explosives), 205-2 (plunder of radioactive materials), 213-1 (plunder of drugs) the Criminal code of the Kazakh SSR approved by the Law of the Kazakh SSR of July 22, 1959 "About approval of the Criminal code of the Kazakh SSR".
The provisions enshrined in article 251 of the Criminal Code of Kazakhstan extend to persons having permissions of law-enforcement bodies to storage and carrying fire acormose, gas weapon with possibility of firing by cartridges of traumatic action since January 1, 2016.
President of the Republic of Kazakhstan
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The document ceased to be valid since January 1, 2015 according to article 467 of the Criminal Code of Kazakhstan of July 3, 2014 No. 226-V ZRK