LAW OF THE REPUBLIC OF KAZAKHSTAN

of January 8, 2013 No. 63-V ZRK

About modification and amendments in some legal acts of the Republic of Kazakhstan concerning counteraction to terrorism

Article 1. Make changes and additions to the following legal acts of the Republic of Kazakhstan:

1. In the Criminal Code of Kazakhstan of July 16, 1997 (The sheet of Parliament of the Republic of Kazakhstan, 1997, No. 15-16, of Art. 211; 1998, No. 16, Art. 219; No. 17-18, of Art. 225; 1999, No. 20, Art. 721; No. 21, Art. 774; 2000, No. 6, Art. 141; 2001, No. 8, Art. 53, 54; 2002, No. 4, Art. 32, 33; No. 10, Art. 106; No. 17, Art. 155; No. 23-24, of Art. 192; 2003, No. 15, Art. 137; No. 18, Art. 142; 2004, No. 5, Art. 22; No. 17, Art. 97; No. 23, Art. 139; 2005, No. 13, Art. 53; No. 14, Art. 58; No. 21-22, of Art. 87; 2006, No. 2, Art. 19; No. 3, Art. 22; No. 5-6, of Art. 31; No. 8, Art. 45; No. 12, Art. 72; No. 15, Art. 92; 2007, No. 1, Art. 2; No. 4, Art. 33; No. 5-6, of Art. 40; No. 9, Art. 67; No. 10, Art. 69; No. 17, Art. 140; 2008, No. 12, Art. 48; No. 13-14, of Art. 58; No. 17-18, of Art. 72; No. 23, Art. 14; No. 24, Art. 126; 2009, No. 6-7, of Art. 32; No. 13-14, of Art. 63; No. 15-16, of the Art. 71, 73, 75; No. 17, Art. 82, 83; No. 24, Art. 121, 122, 125, 127, 128, 130; 2010, No. 1-2, of Art. 5; No. 7, Art. 28, 32; No. 11, Art. 59; No. 15, Art. 71; No. 20-21, of Art. 119; No. 22, Art. 130; No. 24, Art. 149; 2011, No. 1, Art. 9; No. 2, Art. 19, 28; No. 19, Art. 145; No. 20, Art. 158; No. 21, Art. 161; No. 24, Art. 196; 2012, No. 1, Art. 5; No. 2, Art. 13; No. 3, Art. 26, 27; No. 4, Art. 30; No. 5, Art. 35, 36; No. 10, Art. 77; No. 12, Art. 84):

Heading of Article 233 to state 1) in table of contents in the following edition:

"Article 233. Act of terrorism";

Part the second Article 15 to state 2) in the following edition:

"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).";

Paragraph one of part two of Article 163 to state 3) in the following edition:

"2. The same acts made repeatedly or using the weapon or objects used as weapon, or by previous concert by group of persons, or integrated to causing severe harm to health, or which entailed the death of the person on imprudence -";

Heading of Article 233 to state 4) in the following edition:

"Article 233. Act of terrorism";

Part one of Article 233-3 to state 5) in the following edition:

"1. Provision or whip-round and (or) other property, the right to property or benefits of property nature, and also donation, exchange, donations, the sponsor's and charitable help, rendering information and other services either rendering financial services to physical person or group of persons, or the legal entity by person who was obviously realizing terrorist or extremist nature of their activities or the fact that the provided property, the rendered information, financial and other services will be used for implementation of terrorist or extremist activities or providing terrorist group, the terrorist or extremist organization, illegal paramilitary force

are punished by imprisonment for a period of up to five years with confiscation of property.".

2. In the Penitentiary code of the Republic of Kazakhstan of December 13, 1997 (The sheet of Parliament of the Republic of Kazakhstan, 1997, No. 24, Art. 337; 2000, No. 6, Art. 141; No. 8, Art. 189; No. 18, Art. 339; 2001, No. 8, Art. 53; No. 17-18, of Art. 245; No. 24, Art. 338; 2002, No. 23-24, of Art. 192; 2004; No. 5, Art. 22; No. 23, Art. 139, 142; No. 24, Art. 154; 2005, No. 13, Art. 53; 2006, No. 11, Art. 55; 2007, No. 2, Art. 18; No. 5-6, of Art. 40; No. 9, Art. 67; No. 10, Art. 69; No. 17, Art. 140; No. 20, Art. 152; 2008, No. 23, Art. 114; 2009, No. 15-16, of Art. 73; No. 24, Art. 128, 130; 2010, No. 7, Art. 28; 2011, No. 2, Art. 19; No. 19, Art. 145; No. 20, Art. 158; 2012, No. 3, Art. 26; No. 4, Art. 32; No. 5, Art. 35):

state Article 12 in the following edition:

"Article 12. Providing liberty of conscience of convicts

1. Liberty of conscience is guaranteed to convicts.

2. To persons serving custodial sanction at their request or their relatives in case of ritual need priests of the religious associations registered according to the procedure, established by the legislation of the Republic of Kazakhstan are invited. The administration of organization creates conditions for departure of religious rituals according to the procedure, determined by authorized body in the field of criminal and executive activities.

3. To the convicts containing in punishment cells, solitary confinements of colonies of particular treatment, penalties and disciplinary insulators, and also rooms of chamber type, priests are allowed with condition of ensuring their personal security.

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