Criminal Code of the Republic of Kazakhstan

of July 3, 2014 No. 226-V ZRK

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 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. The constitution of the Republic of Kazakhstan has the highest legal force and direct action in all territory of the Republic. In case of contradictions between regulations of this Code and the Constitution of the Republic of Kazakhstan Constitution provisions are effective. The regulations of this Code recognized unconstitutional, including infringing the rights and freedoms of man and citizen affirmed by the Constitution of the Republic of Kazakhstan, lose legal force and are not subject to application. Normative resolutions of the Constitutional Court and the Supreme Court of the Republic of Kazakhstan are component of the penal legislation of the Republic of Kazakhstan.

3. The international agreements ratified by the Republic of Kazakhstan have priority before this Code. The procedure and conditions of action in the territory of the Republic of Kazakhstan of international treaties which participant is the Republic of Kazakhstan are determined by the legislation of the Republic of Kazakhstan.

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 socially dangerous encroachments, protection of the world and safety of mankind, and also the prevention of criminal offenses.

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 criminal offenses, that is crimes or criminal offenses, establishes punishments and other measures of criminal law action for their making.

Article 3. Explanation of some concepts containing in this Code

The concepts containing in this Code have if there are no special instructions in the law, the following values:

1) exploitation of the person - use by the guilty person of forced labor, that is any work or service required from the face by use of violence or threat of its application for which accomplishment this person did not offer voluntarily the services, except as specified, provided by the laws of the Republic of Kazakhstan;

use by the guilty person of occupation prostitution by other person or other services rendered to them for the purpose of assignment of the gained income, and is equal compulsion of person to rendering services of sexual nature without prosecution by the guilty person of this purpose;

compulsion of person to occupation begging, that is to making of the antisocial act connected with begging at other persons of money and (or) other property;

other actions connected with implementation guilty powers of the owner concerning person who for the reasons which are not depending on it cannot refuse performance of works and (or) services for guilty and (or) other person;

2) significant damage and the considerable size - in Articles: 198 and 199 - the extent of damage or value of the rights on use of intellectual property items or cost of copies of objects of copyright and (or) the related rights or goods containing inventions, useful models, industrial designs, selection achievements or topology of integral chips by two hundred times exceeding monthly settlement indicator; 202 and 269-1 - damage on the amount by two hundred times exceeding monthly settlement indicator; 214 - goods quantity which cost exceeds two thousand monthly settlement indicators; 217-1 - damage on the amount by two hundred times exceeding monthly settlement indicator; 233 - the damage caused on the amount in one thousand times exceeding monthly settlement indicator; 325, 326, 328, 334, 335, 337 and 342 - value term of the costs necessary for elimination of ecological damage or recovery of consumer properties of natural resources, in the amount of, exceeding hundred monthly settlement indicators; 340 - value term of the costs necessary for elimination of ecological damage or recovery of consumer properties of natural resources, in the amount of, exceeding fifty monthly settlement indicators; in other Articles - the extent of damage on the amount by two hundred times exceeding monthly settlement indicator; 366 and 367 - amount of money, cost of securities, other property or benefit of property nature from fifty to three thousand monthly settlement indicators;

3) especially major damage and especially large size - in Articles: 188, 188-1, 191, 192 and 295-1 - the property value or the extent of damage in two thousand times exceeding monthly settlement indicator; 189, 190, 194, 195, 197, 202, 204 and 425 - the property value or the extent of damage in four thousand times exceeding monthly settlement indicator; 214 - the income which amount exceeds twenty thousand monthly settlement indicators; 216 - the damage caused to the citizen on the amount in five thousand times exceeding monthly settlement indicator, or the damage caused to the organization or the state on the amount exceeding fifty thousand monthly settlement indicators; 217 - the income which amount exceeds five thousand monthly settlement indicators; 218-1 - money, the rights to property and (or) other property to the amount exceeding twenty thousand monthly settlement indicators; 229, 230 - damage on the amount in twenty thousand times exceeding monthly settlement indicator; 234 - the cost of the moved goods exceeding twenty thousand monthly settlement indicators; 235-1 - the amount of the amount of currency values which illegally is exported, sent or transferred exceeding hundred thousand monthly settlement indicators; 245 - the amount of not come payments the budget exceeding seventy five thousand monthly settlement indicators for the checked period provided that the amount of the taxes and other obligatory payments of the budget added by results of tax audit in one calendar year from the checked period exceeds ten percent from the amount of all taxes and other obligatory payments of the budget estimated in the taxpayer for this calendar year; 253 - the amount of money, cost of securities, other property or benefit of property nature exceeding two thousand monthly settlement indicators; 307 - the income which amount exceeds five thousand monthly settlement indicators; 324, 325, 326, 328, 329, 330, 332, 333, 334, 337, 339, 342 and 343 - value term of the costs necessary for elimination of ecological damage or recovery of consumer properties of natural resources, in the amount of, exceeding twenty thousand monthly settlement indicators; 365 - the damage caused to the citizen on the amount in two thousand times exceeding monthly settlement indicator, or the damage caused to the organization or the state on the amount in ten thousand times exceeding monthly settlement indicator; 366 and 367 - amount of money, cost of securities, other property or benefit of property nature over ten thousand monthly settlement indicators; in other Articles - the extent of damage on the amount in four thousand times exceeding monthly settlement indicator;

4) heavy effects - the following effects in cases when they are not specified as sign of structure of the criminal offense provided by this Code:

death of the person: death of two or more persons; suicide of the victim (victim) or his (her) close (relatives); causing severe harm to health; causing severe harm to health to two or more persons; mass disease, infection, radiation or poisoning of people; deterioration in the state of health of the population and environment; approach of undesirable pregnancy; approach of technogenic or ecological disaster, emergency ecological situation; causing large or especially major damage; failure of execution of the tasks set by the high command; creation of safety hazard of the state, catastrophic crash or accident; long decrease in level of combat readiness and fighting capacity of military units and divisions; failure of accomplishment of fighting task; inactivation of military equipment; other effects testimonial of weight of damage suffered;

5) administrative functions - the right of management and the order of the property which is on balance of the organization granted in the procedure established by the law of the Republic of Kazakhstan;

6) military criminal offenses - the acts provided by Chapter 18 of this Code, directed against established procedure of execution of military service, made by the military personnel undergoing military military service or under the contract in Armed Forces of the Republic of Kazakhstan, other troops and military forming of the Republic of Kazakhstan and also the citizens staying in inventory during passing of charges by them;

7) gang - the organized group pursuing the aim of attack on citizens or the organizations using or threat of use of weapons or the objects used as weapon;

8) other motorized vehicles - tractors, motorcycles, self-propelled machines (excavators, truck cranes, graders, skating rinks);

9) the public agent - the person who is in public service, allocated in the procedure established by the law of the Republic of Kazakhstan with administrative powers concerning persons which are not from it in job dependency including the employee of law enforcement or special state body, the serviceman of body of military police, the serviceman participating in ensuring public order;

10) the insignificant size - in Article 187 - property value, belonging to the organization, not exceeding ten monthly settlement indicators, or the property belonging to physical person, not exceeding two monthly settlement indicators;

11) severe harm to health - the harm to health of the person dangerous to his life, or other harm to health which entailed: loss of sight, speech, hearing or any body; loss of its functions by body; indelible disfiguration of person; the disorder of health connected to considerable permanent loss of general working capacity on one third at least; complete loss of professional working capacity; termination of pregnancy; mental, behavioural disturbance (disease) including connected with the use of psychoactive agents;

12) average severity harm to health - the harm to health of the person not dangerous to his life which caused long disorder of health (for the term of more than twenty one day) or considerable permanent loss of general working capacity (less than on one third);

13) little harm to health - the harm to health of the person which entailed short-term disorder of health (for the term of no more than twenty one day) or insignificant permanent loss of general working capacity (less than on the one tenth part);

14) essential harm - the following effects in cases when they are not specified as sign of structure of the criminal offense provided by this Code:

violation of constitutional rights and freedoms of man and citizen, rights and legitimate interests of the organizations protected by the law of interests of society and state; causing significant damage; emergence of difficult life situation at the injured person; violation of normal work of the organizations or state bodies; failure of important military actions or short-term decrease in level of combat readiness and fighting capacity of military units and divisions; untimely detection or reflection of attack of armed groups or certain armed individuals, overland, air or marine military equipment, assumption of free illegal transition through Frontier of the Republic of Kazakhstan of persons and vehicles, movements of smuggled goods, connivance to the actions causing damage to boundary constructions, technical means of protection of border; other effects testimonial of materiality of damage suffered;

15) the mercenary - person who is specially enlisted for participation in armed conflict, the military operations or other violent acts directed to overthrow or blasting the constitutional system or the violation of territorial integrity of the state operating for the purpose of receipt of material remuneration or other personal benefit which is not citizen of the party which is in the conflict or the states against which the specified actions are directed is not staff of armed forces of the party which is in the conflict is not sent by other state for accomplishment of official obligations as person which is part of its armed forces;

16) person holding responsible state position - person holding position which is established by the Constitution of the Republic of Kazakhstan, the constitutional and other laws of the Republic of Kazakhstan for direct execution of functions of the state and powers of state bodies, including the deputy of Parliament of the Republic of Kazakhstan, the judge of the Constitutional Court of the Republic of Kazakhstan, the judge, the Commissioner for Human Rights in the Republic of Kazakhstan and is equal person occupying political state position or managerial state position of the case "A" according to the legislation of the Republic of Kazakhstan on public service;

17) plunder - the illegal non-paid withdrawal made with a mercenary motive and (or) the address of alien property for benefit of the guilty person or other persons which caused damage to the owner or other owner of this property;

18) illegal paramilitary force - not stipulated by the legislation forming of the Republic of Kazakhstan (consolidation, group, the team or other group consisting of three and more people) having organizational structure of the militarized type, having one-man management, fighting capacity, harsh discipline;

19) person performing managerial functions in commercial or other organization - person, is permanent, temporary or on special power carrying out organizational and administrative or administrative type duties in the organization which is not state body, local government body, the state organization or the subject of the quasi-public sector;

20) transport - railway, automobile, sea, internal water, including ocean and river small size vessels, air, city electric, including the subway, and also the main pipeline transport which is in the territory of the Republic of Kazakhstan;

20-1) other severe harm to the vital interests of the Republic of Kazakhstan - the harm done as a result of making of the acts provided by Article part two 160, Article 163, Article part two 164, Articles 168, of 169, of 175, Article part three 179, Article part three 180, Article 181, Article part three 182, article 455 of this Code;

21) the leader of public association - the head of public association, and also other member of public association capable by means of the influence and the authority solely to make corrective action on activities of this public association;

22) coordination of criminal acts - approval between organized groups (the criminal organizations) for the purpose of joint making of crimes (creation of stable relations between heads or other participants of organized groups (the criminal organizations), plan development, conditions for making of crimes, and also the Section of spheres of criminal influence, the income from criminal activities);

23) criminal society - merging of two or more criminal organizations which entered into collision for joint making of one or several criminal offenses, and equally in creation of conditions for independent making of one or several criminal offenses of any of these criminal organizations;

24) criminal group - organized group, the criminal organization, criminal society, transnational organized group, the transnational criminal organization, transnational criminal society, terrorist group, extremist group, gang, illegal paramilitary force;

25) the criminal organization - organized group which participants are distributed on organizationally, functionally and (or) to territorially isolated groups (structural divisions);

26) the official - person, is permanent, temporary or on special power performing functions of the public agent or performing organizational and administrative or administrative functions in state bodies, local government bodies, and also in Armed Forces of the Republic of Kazakhstan, other troops and military forming of the Republic of Kazakhstan;

26-1) compulsory payment are obligation of person who made criminal offense on payment of the fixed sum of money collected on conviction of court according to the legislation of the Republic of Kazakhstan on Fonda of compensation by the victim;

27) person authorized on accomplishment of the state functions - person which is in public service, the deputy of maslikhat, person who is temporarily fulfilling the duties provided by the state position before appointment it on public service, and also the person who is temporarily appointed to military position of the contract serviceman of officers or who is temporarily fulfilling its duties;

28) person equated to persons authorized on accomplishment of the state functions - person elected in local government bodies; the citizen registered in the procedure established by the law of the Republic of Kazakhstan as the candidate for president of the Republic of Kazakhstan, deputies of Parliament of the Republic of Kazakhstan or maslikhats, akims of areas, cities of regional value, the cities of district value, settlements, villages, rural districts and also in members of elected body of local self-government; serving, constantly or temporarily working in local government body which compensation is made from means of the government budget of the Republic of Kazakhstan; person performing managerial functions in the state organization or the subject of the quasi-public sector, and also person authorized on decision making on the organization and carrying out purchases, including state, or responsible for selection and the projects implementation financed from means of the government budget and National fund of the Republic of Kazakhstan, holding position not below the head of independent structural division in the specified organizations; employees of National Bank of the Republic of Kazakhstan and its departments; employees of authorized organization in the field of the civil aviation operating according to the legislation of the Republic of Kazakhstan on use of airspace of the Republic of Kazakhstan and activities of aircraft; employees of authorized body on regulation, control and supervision of the financial market and the financial organizations;

28-1) official document - the document created by physical person or legal entity, which is drawn up and certified according to the procedure, established by the legislation of the Republic of Kazakhstan;

29) corruption crimes - the acts provided by Articles 189 (Item 2) parts three, part four in case of availability of signs, stipulated in Item 2) parts three), 190 (Item 2) parts three, part four in case of availability of signs, stipulated in Item 2) parts three), 218 (Item 1) parts three), 218-1 (Item 1) parts four), 234 (Item 1) parts three), 249 (Item 2) parts three), 361, 362 (Item 3) parts four), 364, 365, 366, 367, 368, 369, 370, 450, 451 (Item 2) parts two) and 452 of this Code;

30) terrorist crimes - the acts provided by Articles 170, of 171, of 173, of 177, of 178, of 184, of 255, of 256, of 257, of 258, of 259, of 260, of 261, of the 269 and 270 of this Code;

31) terrorist group - the organized group pursuing the aim of making of one or several terrorist crimes;

32) person holding leading position - person allocated with heads of organized groups (the criminal organizations) powers on coordination of criminal acts or person behind whom members of group recognize the right to undertake the most crucial decisions infringing on them on interests and determining the direction and nature of their criminal activities;

33) transnational criminal society - merging of two or more transnational criminal organizations;

34) the transnational criminal organization - the criminal organization pursuing the aim of making of one or several criminal offenses in the territory of two or more states or one state under the organization of making of act or management of its execution from the territory of other state, and it is equal with the assistance of citizens of other state;

35) transnational organized group - the organized group pursuing the aim of making of one or several criminal offenses in the territory of two or more states or one state at the organization of making of act or management of its execution from the territory of other state, and it is equal with the assistance of citizens of other state;

36) organized group - steady group of two or more persons which in advance combined with the purpose of making of one or several criminal offenses;

37) organizational and administrative functions - the right granted in the procedure established by the law of the Republic of Kazakhstan to issue the orders and orders obligatory for execution by persons subordinated on service, and also to apply measures of encouragement and authority punishments to subordinates;

37-1) means received from foreign sources - the money and (or) other property provided by foreign states, the international and foreign organizations, foreigners, stateless persons;

38) major damage and the large size - in Articles: 185, 186 and 458 - damage on the amount by five hundred times exceeding monthly settlement indicator; 188, 188-1, 191 and 192 - the property value or the extent of damage by five hundred times exceeding monthly settlement indicator; 189, 190, 194, 195, 196, 197, 200, 202, 204, 269-1, 295-1 and 425 - the property value or the extent of damage in one thousand times exceeding monthly settlement indicator; 198 and 199 - the extent of damage or value of the rights on use of intellectual property items or cost of copies of objects of copyright and (or) the related rights or goods containing inventions, useful models, industrial designs, selection achievements or topology of integral chips in one thousand times exceeding monthly settlement indicator; 214 - the income which amount exceeds ten thousand monthly settlement indicators; 214, 221, 237, 238 (part one), 239 (parts one and the second), 242, 243 and 250 (part two) - the damage caused to the citizen on the amount in two thousand times exceeding monthly settlement indicator, or the damage caused to the organization or the state on the amount in ten thousand times exceeding monthly settlement indicator; 216 - the damage caused to the citizen on the amount in two thousand times exceeding monthly settlement indicator, or the damage caused to the organization or the state on the amount exceeding twenty thousand monthly settlement indicators; 217 - the income which amount exceeds one thousand monthly settlement indicators; 218 - the money and (or) other property received in the criminal way for the amount exceeding twenty thousand monthly settlement indicators; 218-1 - money, the rights to property and (or) other property, to the amount exceeding ten thousand monthly settlement indicators; 219, 222, 223, 224, 225, 226, 227, 228 and 241 - the damage caused to the citizen on the amount by two hundred times exceeding monthly settlement indicator, or the damage caused to the organization or the state on the amount in two thousand times exceeding monthly settlement indicator; 220, 229, 230 - damage on the amount in ten thousand times exceeding monthly settlement indicator; 221 - the income which amount exceeds twenty thousand monthly settlement indicators; 231 - the cost of banknotes, coins, securities, foreign currency concerning which the counterfeit by five hundred times exceeding monthly settlement indicator is made; 234 - the cost of the moved goods exceeding ten thousand monthly settlement indicators; 235 - the amount of not returned means in national and (or) foreign currency exceeding forty five thousand monthly settlement indicators; 235-1 - the amount of the amount of currency values which illegally is exported, sent or transferred exceeding forty five thousand monthly settlement indicators; 236 - the cost of unpaid customs duties, customs fees, taxes, the special, anti-dumping, compensatory duties exceeding five thousand monthly settlement indicators; 238 (part two) - the damage caused to the subject of medium business on the amount in twenty thousand times exceeding monthly settlement indicator or to the subject of big business on the amount in forty thousand times exceeding monthly settlement indicator; 244 - the amount of not come payments the budget exceeding twenty thousand monthly settlement indicators; 245 - the amount of not come payments the budget exceeding fifty thousand monthly settlement indicators for the checked period provided that the amount of the taxes and other obligatory payments of the budget added by results of tax audit in one calendar year from the checked period exceeds ten percent from the amount of all taxes and other obligatory payments of the budget estimated in the taxpayer for this calendar year; 247 - the amount received by person or the cost of the services rendered to him exceeding three hundred monthly settlement indicators; 253 - the amount of money, cost of securities, other property or benefit of property nature exceeding five hundred monthly settlement indicators; 258 - the amount of money, property value, benefits of property nature, the rendered services exceeding one thousand monthly settlement indicators; 274 - the damage caused to the citizen on the amount in two thousand times exceeding monthly settlement indicator, or the damage caused to the organization or the state on the amount in ten thousand times exceeding monthly settlement indicator; 292 - the damage caused to the physical person on the amount in one thousand times exceeding monthly settlement indicator, or the damage caused to the organization or the state on the amount in two thousand times exceeding monthly settlement indicator; 307 - the income which amount exceeds one thousand monthly settlement indicators; 323 - the cost of medicines and medical products concerning which the falsification exceeding one thousand monthly settlement indicators is made; 324, 325, 326, 328, 329, 330, 332, 333, 334, 335, 337, 338, 339, 341, 342 and 343 - value term of the costs necessary for elimination of ecological damage or recovery of consumer properties of natural resources, in the amount of, exceeding one thousand monthly settlement indicators; 340 - value term of the costs necessary for elimination of ecological damage or recovery of consumer properties of natural resources, in the amount of, exceeding five hundred monthly settlement indicators; 344 - the extent of damage exceeding two thousand monthly settlement indicators; 350, 354, 355 and 356 - the damage caused to the citizen in the amount of, by two hundred times exceeding monthly settlement indicator, or the damage caused to the organization or the state in the amount of, in one thousand times exceeding monthly settlement indicator; 365 - the damage caused to the citizen on the amount by two hundred times exceeding monthly settlement indicator, or the damage caused to the organization or the state on the amount in two thousand times exceeding monthly settlement indicator; 366 and 367 - amount of money, cost of securities, other property or benefit of property nature over three thousand and to ten thousand monthly settlement indicators; 399 - the cost of special technical means exceeding five thousand monthly settlement indicators; in other Articles - the extent of damage on the amount in one thousand times exceeding monthly settlement indicator;

39) extremist crimes - the acts provided by Articles 174, of 179, of 180, of 181, of 182, of 184, of 258, of 259, of 260, of 267, 404 (parts two and third) and the 405th of this Code;

40) extremist group - the organized group pursuing the aim of making of one or several extremist crimes;

41) the electronic medium - the material carrier intended for storage of information electronically, and also record or its reproduction by means of technical means;

42) crimes against sexual integrity of minors - the acts provided by Articles 120 (rape), 121 (violent acts of sexual nature), 122 (sexual connection or other actions of sexual nature with person which did not reach 16-year age), 123 (compulsion to sexual connection, sodomy, lesbianism or other actions of sexual nature), 124 (depravity of juveniles), 134 (involvement of the minor in occupation prostitution), 144 (involvement of minors in production of products of erotic content), parts two and third Article 312 (production and turnover of materials or objects with pornographic images of minors or their attraction for participation in spectacular actions of pornographic nature) of this Code, made concerning juveniles and minors.

Article 4. Basis of criminal liability

The single basis of criminal liability is making of criminal offense, that is the act containing all signs of actus reus or criminal offense, provided by this Code. Nobody can be subjected to repeatedly criminal liability for the same criminal offense. Application of the penal statute by analogy is not allowed.

Article 5. 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 making of criminal offense time of implementation of socially dangerous action (failure to act) irrespective of time of approach of effects is recognized.

Article 6. Retroactive effect of the penal statute

1. The law eliminating crime or punishability of act, commuting responsibility or penalty, or otherwise improving condition of the person which made criminal offense has retroactive force, that is extends on the persons which made the corresponding act before introduction of such law in action including on the persons serving sentence or which 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 7. Action of the penal statute concerning persons who made criminal offense in the territory of the Republic of Kazakhstan

1. Person who made criminal offense in the territory of the Republic of Kazakhstan is subject to responsibility under this Code.

2. The criminal offense made 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 criminal offenses made on the continental shelf and in exclusive economic zone of the Republic of Kazakhstan.

3. Person who made criminal offense 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 made criminal offense 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 criminal offense in the territory of the Republic of Kazakhstan is allowed according to rules of international law.

Article 8. Action of the penal statute concerning persons who made criminal offense outside the Republic of Kazakhstan

1. The citizens of the Republic of Kazakhstan who made criminal offense outside the Republic of Kazakhstan are subject to criminal liability under this Code if the act made by them acknowledged penal 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 criminal offense was made. On the same bases the foreigners and stateless persons which are in the territory of the Republic of Kazakhstan in cases when they cannot be issued to foreign state for criminal prosecution or serving sentence according to the international treaty of the Republic of Kazakhstan 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 or for causing other severe harm to the vital interests of the Republic of Kazakhstan 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 penal act 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 criminal offense made 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 penal act made in the territory of other state did not infringe on national 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 criminal offenses made in the territory of foreign state if other is not provided by the international treaty of the Republic of Kazakhstan.

4. Foreigners, and also the persons without citizenship who are constantly not living in the territory of the Republic of Kazakhstan, committed crime outside the Republic of Kazakhstan are subject to criminal liability under this Code in cases if this act is directed against interests of the Republic of Kazakhstan, making of corruption crime or crime in the field of economic activity 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 9. Issue of persons who made criminal offense

1. The citizens of the Republic of Kazakhstan who made criminal offense in the territory of other state are not subject to issue if other is not established by the international treaty of the Republic of Kazakhstan.

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.

3. Nobody can be issued to foreign state if there are serious reasons to believe that in this state application of tortures, violence, other cruel or degrading human dignity address or punishment, and also in case of threat of application of capital punishment can threaten it if other is not provided by international treaties of the Republic of Kazakhstan.

Section 2. Criminal offenses

Article 10. Concepts of crime and criminal offense

1. Criminal offenses depending on degree of public danger and punishability are subdivided into crimes and criminal offenses.

2. Crime is recognized committed socially dangerous act (action or failure to act) prohibited by this Code under the threat of mulctary punishment, corrective works, attraction to social jobs, restriction of freedom or imprisonment is guilty.

3. Criminal offense is recognized committed the act (action or failure to act) which is not constituting big public danger, did insignificant harm or created threat of damnification of the personality, the organization, to society or the state for which making mulctary punishment, corrective works, attraction to social jobs, arrest, expulsion out of limits of the Republic of Kazakhstan of the foreigner or the stateless person is prescribed is guilty.

4. 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 is not criminal offense.

Article 11. Categories of crimes

1. Crimes 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 lifelong imprisonment are recognized.

Article 12. Not momentariness of criminal offenses

1. Not momentariness of criminal offenses making of two or more acts provided by the same Article or part of Article of the Special part of this Code is recognized. The crime and criminal offense do not form among themselves not momentariness.

2. The criminal offense is not recognized committed repeatedly if person was condemned or exempted for earlier made criminal offense from criminal liability on the bases, the established law.

3. The continued criminal offense, that is the criminal offense consisting of number of identical illegal acts which are covered by single intention and the purpose is not recognized numerous and form in general one criminal offense.

4. 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.

5. In cases when not momentariness of criminal offenses is provided by this Code as the circumstance involving more stiff punishment, the commited by person criminal offenses are qualified by the corresponding part of Article of the Special part of this Code prescribing punishment for not momentariness of criminal offenses.

Article 13. Set of criminal offenses

1. Set of criminal 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 set of criminal offenses person bears criminal liability for each committed act under the relevant article or part of Article of this Code if signs of these acts are not covered by regulation of one Article or part of Article of this Code prescribing more stiff punishment.

2. Set of criminal offenses also one action (failure to act) containing signs of the criminal offenses provided by two or more Articles of this Code is recognized. In case of such set person bears criminal liability for each committed act 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, set of criminal offenses is absent and criminal liability comes under Article of the Special part of this Code containing special regulation.

Article 14. Recurrence of crimes, dangerous recurrence of crimes

1. Recurrence of crimes is recognized as committing of serious crime by person if earlier this person was condemned to imprisonment for making of serious crime.

2. Dangerous recurrence of crimes committing by person is recognized:

1) serious crime if earlier this person was twice condemned to imprisonment for making of serious crime or it was condemned for especially serious crime;

2) especially serious crime if earlier it was condemned to imprisonment for heavy or especially serious crime.

3. 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 of crimes and dangerous recurrence of crimes.

4. The recurrence of crimes and dangerous recurrence of crimes attract more stiff punishment on the basis and in the limits provided by this Code.

Article 15. Persons which are subject to criminal liability

1. The responsible physical person which reached by the time of making of criminal offense 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 99), intentional causing severe harm to health (Article 106), intentional causing average weight of harm to health in case of aggravating circumstances (Article part two 107), rape (Article 120), violent acts of sexual nature (Article 121), kidnapping (Article 125), attack on persons or the organizations using international protection (Article 173), kindling of social, national, patrimonial, racial, class or religious discord (Article 174), infringement of life of the First President of the Republic of Kazakhstan - Elbasa (Article 177), infringement of life of the President of the Republic of Kazakhstan (Article 178), diversion (Article 184), theft (parts two, the third and fourth Articles 188), abaction (parts two, the third and fourth Article 188-1), robbery (parts two, the third and fourth Articles 191), robbery (Article 192), racketing (parts two, the third and fourth Articles 194), illegal occupancy by the car or other vehicle without the plunder purpose in case of aggravating circumstances (part two, the third and fourth Articles 200), intentional destruction or damage of alien property in case of aggravating circumstances (part two and third Articles 202), the act of terrorism (Article 255), promotion of terrorism or public calls for making of the act of terrorism (Article 256), creation, management of terrorist group and participation in its activities (part one and the second Articles 257), financing of terrorist or extremist activities and other complicity to terrorism or extremism (Article 258), taking of the hostage (Article 261), attack on buildings, constructions, intermedia and bonds or their capture (Article 269), obviously untrue report on the act of terrorism (Article 273), plunder or racketing of weapon, ammunition, explosives and destructive devices (Article 291), hooliganism in case of aggravating circumstances (part two and third Articles 293), plunder or racketing of drugs, psychotropic substances, their analogs (Article 298), violation of bodies of the dead and places of their burial in case of aggravating circumstances (Article part two 314) and intentional reduction in worthlessness of vehicles or means of communication (Article 350).

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 making of criminal offense 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.

4. Persons who made criminal offenses 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 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 making of criminal offense 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 made criminal offense in state of intoxication

Person who made criminal offense in the state of intoxication caused by alcohol intake, drugs, the psychotropic 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 criminal offense it is found only guilty person who made act is intentional or on imprudence.

4. The act made on imprudence is recognized criminal offense only that case when it is specially provided by the relevant article of the Special part of this Code.

Article 20. The criminal offense made intentionally

1. The criminal offense made intentionally the act made with direct or indirect intent is recognized.

2. The criminal offense 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 criminal offense 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 criminal offense made on imprudence

1. The criminal offense made on imprudence the act made on self-confidence or negligence is recognized.

2. The criminal offense 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 criminal offense 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 criminal offenses made with two forms of fault

If as a result of making of intentional criminal offense 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 in cases 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 criminal offense 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.

Article 24. Preparation for crime and attempted crime

1. Preparation for crime the finding made with direct intention, production or adaptation of means or crime instruments, finding of assisting offenders, collusion on crime execution or other intentional creation of conditions for crime execution are recognized if at the same time the crime was not finished on the circumstances which are not depending on will of person.

2. Criminal liability comes for preparation for heavy or especially serious crime, and also for preparation for terrorist crime.

3. Attempted crime the actions (failure to act) made with direct intention, directly directed to crime execution are recognized if at the same time the crime was not finished on the circumstances which are not depending from the face.

4. Criminal liability comes for attempted crime of average weight, heavy or especially serious crime, and also for attempt at terrorist crime.

5. Criminal liability for preparation for crime and attempted crime comes under the same Article of this Code, as for completed crime, with reference to the corresponding part of this Article.

Article 25. The ended criminal offense

The criminal offense is recognized ended if the commited by person act contains all signs of structure of the offense provided by the Special part of this Code.

Article 26. Voluntary refusal of criminal offense

1. Voluntary refusal of criminal offense the termination-faced preparatory actions or cancellation (failure to act) which is directly directed to making of this act is recognized if person understood possibility of finishing it up to the end. Person is not subject to criminal liability for criminal offense if it voluntarily and finally refused finishing this act up to the end.

2. Person who voluntarily refused finishing criminal offense up to the end is subject to criminal liability only if the act which is actually made by it contains structure of other criminal offense.

3. The organizer and the instigator of criminal offense are not subject to criminal liability if these persons the message to state bodies or other taken measures prevented finishing this offense by the contractor up to the end. The helper is not subject to criminal liability if before the termination by the contractor of criminal offense refuses to it in advance promised assistance or will eliminate results of already given help.

4. If the actions of the organizer or the instigator specified in part three of this Article did not lead to prevention of criminal offense, then the measures taken by them can be acknowledged as court attenuating circumstances in case of assignment of punishment.

Article 27. Concept of partnership in criminal offense

Partnership in criminal offense intentional joint participation of two or more persons in making of intentional criminal offense is recognized.

Article 28. Types of accomplices of criminal offense

1. Accomplices of criminal offense along with the contractor the organizer, the instigator and the helper are recognized.

2. The contractor the person who directly made criminal offense or directly participating in its making together with other persons (collaborators), and also person who made criminal offense by means of use of other persons which are not subject to criminal liability owing to the age, diminished responsibility or other circumstances provided by this Code is recognized, and it is equal by means of use of persons who made act on imprudence.

3. The organizer the person who organized making of criminal offense or directing its execution is recognized, and the person who created criminal group or directing it is equal.

4. The instigator person which inclined other person to making of criminal offense by arrangement, bribery, threat or in a different way is recognized.

5. The helper person promoting making of criminal offense by councils, instructions, provision of information, tools or means of making of this act or removal of obstacles to its making, and also person who was in advance promising to hide the contractor, tools or other means of making of criminal offense, traces of this act or objects got in the illegal way is recognized, and person which was in advance promising to acquire or sell such objects is equal.

Article 29. Responsibility of accomplices of criminal offense

1. Criminal liability of accomplices is determined by nature and extent of participation of each of them in making of criminal offense.

2. Collaborators answer under the same Article of this Code for jointly the criminal offense made by them without reference to article 28 of this Code.

3. Responsibility of the organizer, instigator and helper comes under Article prescribing punishment for committed act with reference to article 28 of this Code, except as specified, when they at the same time were collaborators.

4. In case of not finishing by the principal offender up to the end on the circumstances which are not depending on it other accomplices bear responsibility for partnership in preparation for crime or in attempted crime. Also person who on the circumstances which are not depending on it did not manage to incline other persons to making of this act bears criminal liability for preparation for crime.

5. The person which is not the subject of criminal offense which is specially specified in the relevant article of the Special part of this Code, participating in making of the act provided by this Article bears criminal liability for this criminal offense as his organizer, the instigator or the helper.

Article 30. Excess of the accomplice of criminal offense

Excess of the accomplice committing by person of the criminal offense which is not covered intention of other accomplices is recognized. For excess other accomplices of criminal liability are not subject.

Article 31. Criminal liability for the criminal offenses made by group

1. The criminal offense is recognized made by group of persons if two or more contractors without previous concert jointly participated in its making.

2. The criminal offense is recognized made by group of persons by previous concert if persons who in advance agreed about joint making of criminal offense participated in it.

3. The crime is recognized made by criminal group if it is made by organized group, the criminal organization, criminal society, transnational organized group, the transnational criminal organization, transnational criminal society, terrorist group, extremist group, gang or illegal paramilitary force.

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