Criminal Code of the Republic of Kazakhstan No. 167 of July 16, 1997 (as amended up to Law of the Republic of Kazakhstan No. 24-V of June 28, 2012), Kazakhstan

Criminal Code of the Republic of Kazakhstan

Non-official translation

Code of the Republic of Kazakhstan dated July 16, 1997 No. 167

Unofficial translation

Note of the RCLI (Republican Center for Legal Information)! The order of entry

into force of the Criminal Code of the Republic of Kazakhstan - see the Law of the

Republic of Kazakhstan dated 16.07.1997 No. 168 "On Introduction of the Criminal Code of

the Republic of Kazakhstan".

Footnote. Throughout the text, the words "to the military service", "the military

service", "of the military service" are replaced by the words "to the military service",

"the military service", "of the military service" in accordance with the Law of the

Republic of Kazakhstan dated 22.05.2007 No. 255 (shall be enforced from the day of its

official publication); the section numbering replaced by Arabic numerals in accordance

with the Law of the Republic of Kazakhstan dated 09.11.2011 No. 490-IV (shall be

enforced upon expiry of ten calendar days after its first official publication); the

words "animal or vegetable" throughout the text have been replaced accordingly by the

words "vegetable or animal" in accordance with the Law of the Republic of Kazakhstan No.

548-IV dated 25.01.2012 (shall be enforced upon expiry of ten calendar days after its

first official publication).

GENERAL PART

Section I. Criminal Law

Article 1. Criminal Legislation of the Republic of Kazakhstan

1. The criminal legislation of the Republic of Kazakhstan shall consist

exclusively of this Criminal Code of the Republic of Kazakhstan. Other laws which cover

criminal liability shall be applied only after their inclusion in this Code.

2. This Code is based on the Constitution of the Republic of Kazakhstan and

generally accepted principles and provisions of international law.

Article 2. Objectives of the Criminal Code 1. Objectives of the Criminal Code are as follows:

protection of rights, liberties, and legitimate interests of individuals and

citizens, of property, rights, and legitimate interests of organizations, of public

order and safety, of the environment, constitutional order and territorial integrity of

the Republic of Kazakhstan, of public and state interests protected by law from criminal

infringements, protection of peace and safety of mankind, as well as crime prevention.

2. In order to implement these objectives the Code defines reasons for imposing

criminal liability and determines which actions, dangerous for individual, society or

the state, shall be recognized as crimes and establishes punishments and other measures

of legal retribution.

Article 3. Reasons for Imposing Criminal Liability

The only reason for imposing criminal liability shall be commission of a crime,

that is, an action containing all elements of a crime specified in this Code. No one can

be subject to repeated criminal liability for one and the same crime.

Article 4. Time of Application of Criminal Law Criminality and punishment of an action shall be defined by the law which was in

force at the time of commission of this action. The time of the commission of a crime

shall be the time of commission of a socially dangerous action (or inaction) regardless

of the time of arising of consequences.

Article 5. Retroactive Effect of the Criminal Law

1. A law which recognizes an act as not punishable, reduces the sentence or

otherwise is beneficial to a person, as long as it is not provided otherwise by the

applicable law, has retroactive effect, that is, it applies to offences which have been

committed prior to the applicable law shall be enforced, as well as to a person who is

serving a sentence or has served a sentence but regarding whom conviction remains in

effect.

2. If a new criminal law reduces punishment for an offence for which a person is

serving a sentence, the imposed punishment shall be subject to reduction within the

scope prescribed by the new criminal law.

3. A law, which recognizes an act as punishable, increases the sentence, or is

otherwise not beneficial to a person, does not have retrospective effect.

Article 6. Application of the Criminal Law in the Territory of the Republic

of Kazakhstan

1. A person who has committed a crime in the territory of the Republic of

Kazakhstan shall be liable according to this Code.

2. A crime committed in the territory of the Republic of Kazakhstan shall be an

offence that is initiated, continued or completed in the territory of the Republic of

Kazakhstan. This Code shall also be applied to crime committed on the continental shelf

and in the exclusive economic zone of the Republic of Kazakhstan.

3. A person who has committed a crime outside the territory of the Republic of

Kazakhstan on a sea or river vessel if it is registered in a port of the Republic of

Kazakhstan or on an aircraft, shall be criminally liable according to this Code unless

it is provided otherwise in an International agreement binding upon the Republic of

Kazakhstan. A person who has committed a crime on a military ship or military aircraft

of the Republic of Kazakhstan regardless of its location shall also be criminally liable

according to this Code.

4. If a foreign diplomatic representative or another person who enjoys immunity

has committed a crime in the territory of Kazakhstan, the issue of this person being

held criminally liable shall be decided by the provisions of international law.

Article 7. Applicability of the Criminal Law outside the Territory of

Kazakhstan

1. Citizens of the Republic of Kazakhstan who have committed a crime outside the

territory of the Republic of Kazakhstan shall be criminally liable in accordance with

this Code if the offence is punishable in the state in which it has been committed and

if the offender has not been held criminally liable or committed to stand trial in

accordance with the laws of the state where the crime was committed. If the said persons

are held liable and convicted in the Republic of Kazakhstan, the punishment shall not

exceed the upper limit of the sanction imposed by law of the state where the crime was

committed. This provision applies also to stateless persons.

2. Previous convictions and other penal consequences of crime committed in the

territory of another state shall not be taken into account when taking decision about

criminal liability of this person for the crime which has been committed in the

territory of the Republic of Kazakhstan unless otherwise provided in an International

agreement binding upon the Republic of Kazakhstan or if the crime committed in the

territory of another state was not directed against interests of the Republic of

Kazakhstan.

3. Military servicemen of military units of the Republic of Kazakhstan stationed

outside its territory shall be criminally liable according to the Code for crimes

committed in the territory of another state unless otherwise specified by an

International agreement binding upon the Republic of Kazakhstan.

4. Foreign citizens who have committed a crime outside the territory of the

Republic of Kazakhstan shall be criminally liable in accordance with this Code if the

crime was directed against the interests of the Republic of Kazakhstan and in cases

provided for in an International agreement binding upon the Republic of Kazakhstan, if

they have not been held criminally liable or committed to stand trial in another state.

Article 8. Extradition of Persons Who Have Committed a Crime 1. Citizens of the Republic of Kazakhstan who have committed a crime in the

territory of another state shall not be extradited to that state unless otherwise

provided in International agreements.

2. Foreigners and stateless persons who committed a crime outside the Republic of

Kazakhstan and are residing in the territory of the Republic of Kazakhstan, may be

extradited to another state for criminal prosecution or to serve punishment in

accordance with an International agreement binding upon the Republic of Kazakhstan.

Section II. Crime

Article 9. Definition of a Crime

1. A socially dangerous act (action or inaction) prohibited by this Code under

threat of punishment shall be considered a crime. Application of a criminal law by

analogy shall not be allowed.

2. An action or inaction which formally has elements of an action specified in the

Special Part of this Code, but is of no social danger due to its insignificance, i.e. it

has not caused any harm, nor created a threat of causing harm to a person, society, or

the state, shall not be considered a crime.

Article 10. Classification of Crimes

1. Crimes specified in this Code, are subdivided depending on the nature of the

offence and the degree of social danger, into crimes of lesser gravity, crimes of medium

gravity, grave crimes, and especially grave crimes.

2. Crimes of lesser gravity are deliberate offences, for which this Code provides

for deprivation of liberty for a term not exceeding two years as well as offences, which

have been committed through negligence and for which this Code provides for deprivation

of liberty for a term not exceeding five years.

3. Crimes of lesser gravity are deliberate offences, for which this Code provides

for deprivation of liberty for a term not exceeding five years as well as offences,

which have been committed through negligence and for which this Code provides for

deprivation of liberty for a term exceeding five years.

4. Grave crimes are deliberate offences for which this Code provides for

deprivation of liberty for a term not exceeding twelve years.

5. Especially grave crimes are deliberate offences for which this Code provides

for deprivation of liberty for a term exceeding five years or death penalty.

Article 10-1. Administrative Prejudice In the cases provided for in the Special Part of the Code, criminal liability for

a crime of not a great social danger applies if the offence was committed within one

year after the imposition of administrative penalties for the same administrative

offence.

Footnote. This Code is supplemented by Article 10-1 in accordance with the Law of

the Republic of Kazakhstan dated 18.01.2011 No. 393-IV (shall be enforced upon expiry of

ten calendar days after its first official publication).

Article 11. Repeated Crimes

1. Commission of two or more offences under the same article (or part of this

article) provided for in the Special Part of the Code shall be considered as repeated

crime.

2.Excluded by the Law of the Republic of Kazakhstan dated 10.12.2009 No. 227-IV

(shall be enforced from 01.01.2010).

3. A crime shall not be recognized as repeated if the offender has been already

convicted or released from criminal liability for a crime committed earlier pursuant to

procedures set out by law.

4. A crime shall not be considered as repeated if it is continuous, that is, it is

comprised of a number of the same criminal offences committed with the same intention

which constitute a single entity.

5. In cases in which a repeated crime is specified as aggravating circumstance in

this Code, the crimes committed by an offender shall be qualified in accordance with the

relevant part of the article which specifies punishment for repeated crimes in the

Special Part of the Code.

Footnote. Article 11 as amended by the Law of the Republic of Kazakhstan dated

10.12.2009 No. 227-IV (shall be enforced from 01.01.2010).

Article 12. Accumulation of Crimes 1. Multiplicity of crimes is the commission by one person of two or more offences

under different articles or different parts an article of the Code, for neither of which

a person has been convicted or released from criminal liability pursuant to procedures

set out by law. In case of multiple crimes a person shall be criminally liable for each

committed crime under the relevant article or a part an article of the Code, unless the

committed offences are covered by the provision of one article or part of an article of

the Code providing for a stricter punishment.

2. A single act (or failure to act) shall be recognized as cumulative crime if it

contains elements of crimes stipulated by two or more articles of the Code. In case of

such combination of crimes the person shall be held criminally liable for each crime in

accordance with the relevant articles of the Code, unless the indications of one

committed offence are covered by a provision of one Article of this Code, which provides

for a stricter punishment for another offence.

3. If one and the same offence falls under the general and the special provisions

of the relevant articles of the Code, there is no accumulation of crimes and criminal

liability shall apply under the article of the Special Part of this Code which contains

the special provision.

Footnote. Article 12 as amended by the Law of the Republic of Kazakhstan dated

05.05.2000 No. 47.

Article 13. Recidivism

1. The commission of a deliberate offence by a person who has been convicted for a

deliberate crime committed earlier shall be considered as recidivism.

2. Recidivism shall be considered dangerous:

a) in case of a deliberate crime for which the offender has been sentenced to

imprisonment if he or she was previously sentenced twice to imprisonment for a

deliberate crime;

b) in case of a grave crime if the offender was convicted previously for a grave

crime.

3. Recidivism shall be recognized as especially dangerous:

a) in case of a deliberate crime for which the offender has been sentenced to

imprisonment if he or she was previously sentenced to imprisonment at least three times

for grave crimes or for deliberate crimes of medium gravity;

b) in case of a grave crime for which the offender has been sentenced to

imprisonment if previously that person was sentenced twice to imprisonment for a grave

crime, or was convicted for an especially grave crime;

c) in case of an especially grave crime if the offender was already convicted for

a grave or especially grave crime.

4. Previous convictions for crimes committed by offenders under the age of

eighteen and criminal records that have been cancelled according to the provisions of

the Code do not count towards recidivism.

5. Recidivism shall entail a stricter punishment pursuant to and within the scope

stipulated by this Code.

Article 14. Persons Subject to Criminal Liability 1. Only a sane person who reached the age established by the Code shall be subject

to criminal liability.

2. Persons who committed crimes shall be equal before law regardless of their

origin, social, official or property status, sex, race, nationality, language, religion,

views, membership in public associations, place of residence or any other circumstances.

Article 15. Age of Criminal Liability 1. A person who reached sixteen years of age by the time of the commission of a

crime shall be criminally liable.

2. Persons who reached fourteen years of age shall be criminally liable for murder

(Article 96), intended inflection of serious harm to health (Article 103), intended

inflection of medium gravity harm to health under aggravated circumstances (Article 104,

the second part), rape (Article 120), sexual assault (Article 121), kidnapping (Article

125), theft (Article 175, the second and third parts), robbery (Article 178, the second

and third parts), brigandage (Article 179), extortion (Article 181, the second and third

parts), illegal occupation of an automobile or other vehicle without the purpose of

theft under aggravated circumstances (Article 185, the second, third, and fourth parts),

intended destruction or damage to property under aggravated circumstances (Article 187,

the second and third parts), terrorism (Article 233), capture of a hostage (Article

234), deliberately false notice of an offence of terrorism (Article 242), theft or

extortion of arms, ammunition, explosive materials and explosion devices (Article 255),

hooliganism under aggravated circumstances (Article 257, the second and third parts),

vandalism (Article 258), theft or extortion of drugs or psychotropic substances (Article

260), desecration of the bodies of the deceased and places of burial under aggravated

circumstances (Article 275, the second part), and deliberate damage to transport

vehicles or roads (Article 299).

3. If a juvenile offender has reached the age of criminal liability as specified

by the first and second parts of this Article, but during the commission of the crime of

a lesser or medium gravity he could not be fully aware of the nature or social danger of

his acts (or omissions) due to mental retardation (not a mental disorder) he will not be

criminally liable.

Footnote. Article 15 as amended by the Law of the Republic of Kazakhstan dated

23.11.2010 No. 354-IV (shall be enforced upon expiry of ten calendar days after its

first official publication).

Article 16. Insanity 1. Not criminally liable will be a person who at the time of committing a socially

dangerous offence provided for in the Code was in a state of insanity, that is, he could

not be aware of the actual character and social danger of his actions (omissions) or

control his behavior as a consequence of a chronic mental disease, temporary psychic

disorder, feeblemindedness or other morbid state of mind.

2. Offenders considered insane can by subject to compulsory measures of a medical

character by the court as specified in this Code.

Article 17. Criminal Liability of Persons with a Mental Disorder which does

not exclude Criminal Sanity 1. A sane person who at the time of committing a crime could not be fully aware of

the actual nature and social danger of his actions (failure to act) or control his

behavior due to a mental disorder, shall be criminally liable.

2. A mental disorder which does not exclude criminal sanity shall be taken into

consideration by a court as a mitigating circumstance when imposing punishment, and may

be the reason for imposing compulsory measures of a medical character stipulated by this

Code.

Article 18. Criminal Liability of Persons Having Committed a Crime in a State

of Alcoholic Intoxication

A person who committed a crime in a state of intoxication caused by alcohol, drugs

or other intoxicating substances, shall not be exempted from criminal liability.

Article 19. Guilt

1. A person shall be criminally liable only for those socially dangerous actions

(or inaction) and those socially dangerous consequences with regard to which his guilt

has been established.

2. Objective imputation, that is, criminal liability for the blamelessly caused

damage, is not allowed.

3. Only a person who has committed an offence deliberately or through negligence

shall be found guilty of a crime.

4. An offence committed through negligence shall be recognized as a crime only in

cases specified in the relevant article of the Special Part of this Code.

Article 20. A Crime Committed Deliberately 1. A crime which was committed with direct or oblique intent shall be considered a

deliberate crime.

2. A crime shall be considered to be committed with direct intent if a person was

aware of the social danger of his actions (inaction), foresaw a possibility or

inevitability of socially dangerous consequences, and desired them.

3. A crime shall be considered to be committed with oblique intent if a person was

aware of the social danger of his actions (inaction), foresaw a possibility of socially

dangerous consequences, did not desire them, but consciously admitted the possibility of

such consequences or has knowingly allowed these to occur.

Article 21. A Crime committed through Negligence

1. An offence committed due to self-reliance or carelessness shall be considered

to be committed through negligence.

2. A crime shall be considered to be committed due to self-reliance if a person

foresaw a possibility of socially dangerous consequences of his actions (inaction), but

without sufficient ground carelessly relied on prevention of those consequences.

3. A crime shall be considered to be committed through carelessness, if a person

did not foresee a possibility of socially dangerous consequences of his actions

(inaction), although those consequences could have been foreseen with proper care and

forethought.

Article 22. Liability for Crimes Committed with Two Forms of Guilt

If a deliberate crime has resulted in serious consequences for which a stricter

punishment is provided by law and these consequences were not desired by the offender,

criminal liability for these consequences applies only if the offender foresaw the

possibility that the consequences of his or her action or inaction would occur and

nevertheless carelessly relied on these being prevented or did not foresee the

possibility that such consequences would occur, although he or she should and could have

foreseen them. In general such a crime shall be considered to be committed deliberately.

Article 23. Causing of Harm without Guilt

1. An offence shall be considered to have been committed without guilt, if an

action (or omission) and the socially dangerous consequences thereof were not intended

by the offender, and such an action and the causation of the socially dangerous

consequences through negligence are not punishable according to the provisions of this

Code.

2. An offence shall be considered to have been committed without guilt, if a

person who has committed it was not aware and under the circumstances of a given offence

could not have been aware of the social danger of his actions (omissions), or did not

foresee a possibility of socially dangerous consequences and under the circumstances of

a given case should not have or could not have foreseen them. An offence shall also be

considered to have been committed without guilt, if the offender foresaw the socially

dangerous consequences at the time of committing the offence, relied on prevention

thereof with sufficient grounds or could not have prevented those consequences due to

diminished mental capacity in the extreme situation or to mental overload.

Article 24. Preparation for a Crime and an Attempted Crime

1. The locating of, or adaptation of, means or tools, or the intentional creation

of circumstances conducive for the commission of an intentional offence, shall be

considered to be preparation for a crime if, in addition, it has not been continued for

reasons independent of the will of the guilty party.

2. Criminal liability shall result only for preparation for a grave or especially

grave crime.

3. A conscious act (failure to act), which is directly dedicated to intentional

commission of a crime, shall be considered to be an attempted crime if the crime has not

been completed for reasons independent of the will of the guilty party.

4. Criminal liability shall result only for an attempted crime of medium gravity,

grave or especially grave crime.

5. Liability for preparation for a crime or an attempted crime shall apply in

accordance with the same Article of this Code as sets out liability for a completed

offence.

Article 25. A Completed Crime A crime shall be considered completed if it contains all the elements of a crime

as specified by this Code.

Article 26. Voluntary Withdrawal 1. Termination by a person of preparatory actions, or the termination of an action

(inaction) directly aimed at the commission of a crime, shall be considered to be a

voluntary withdrawal, if the offender was aware that the possibility exists to complete

the commission of the crime. A person shall not be subject to criminal liability for a

crime, if he voluntary and decisively refused to complete a given crime.

2. A person who has voluntarily withdrawn from the commission of a crime shall not

be held criminally liable unless the constituent elements of another crime are present

in his or her actually committed offence.

3. An organizer and an instigator of a crime shall not be criminally liable if

they have prevented the completion of a given crime by reporting to the state bodies or

in any other way. An accomplice in a crime shall not be criminally liable if, prior to

the completion of a given crime he refuses to render collaboration which was earlier

promised or eliminates the results of assistance already rendered.

4. If actions of an organizer or an instigator as specified in the third part of

this Article have not resulted in the prevention of the commission of a given crime by

the offender, the measures undertaken by them may be considered by a court to be

mitigating circumstances when imposing punishment.

Article 27. Definition of Criminal Complicity Criminal complicity is participation of two or more persons in joint commission of

a deliberate crime.

Article 28. Criminal Participants

1. Criminal participants besides the perpetrator are: an organizer, an instigator,

and an accessory.

2. The perpetrator is a person who directly committed a crime or directly

participated in its commission together with other persons (co-perpetrators), as well as

a person who committed a crime by way of using other persons who are not criminally

liable due to their age, insanity, or other circumstances, stipulated by the Code, as

well as by way of using persons who committed an offence by negligence.

3. An organizer is a person who organized the commission of a crime, or who guided

its execution, as well as a person who created an organized criminal group, or a

criminal association (criminal organization), transnational organized group,

transnational criminal association (transnational criminal organization) or a constant

armed group (gang) or a person who guided them.

4. An instigator is a person who induced another person to commit a crime by way

of persuasion, subornation, threat or by any other method.

5. An accessory is a person who knowingly has promoted the commission of a crime,

providing advice, direction, or means, or removing impediments for the commission of

such, as well as a person who has previously promised to conceal the perpetrator or

joint participant, the instruments or means for committing the crime, evidence of the

crime or the objects acquired by criminal means or has previously promised to acquire or

to sell these objects.

Footnote. Article 28 as amended by the Law of the Republic of Kazakhstan dated

29.11.2011 No. 502-IV (shall be enforced upon expiry of ten calendar days after its

first official publication).

Article 29. Liability of Criminal Participants

1. Criminal liability of criminal participants shall be determined by the

character and degree of participation of each of them in the commission of a crime.

2. Co-perpetrators shall be criminally liable for a crime jointly committed by

them in accordance with one and the same article of the Code without reference to

Article 28 of the Code.

3. An organizer, an instigator, and an accessory shall be criminally liable under

an article which stipulates punishment for the commission of a crime with reference to

Article 28 of the Code, except for the cases in which they were also co-perpetrators of

a crime.

4. If the perpetrator has not completed the crime due to reasons beyond his

control, the other criminal participants shall be liable for complicity in preparation

for the commission of that crime, or for an attempted crime. A person who failed to

instigate other persons to the commission of a crime due to circumstances beyond his

control shall also be criminally liable for preparation for the crime.

5. A criminal participant who is not specified in the relevant article of the

Special Part of the Code, but who participated in the commission of a crime stipulated

by that article shall be criminally liable as an organizer, an instigator, or an

accessory of this crime.

Article 30. Excess of a Criminal Participant

Commission by a criminal participant of a crime which was not the intent of other

criminal participants shall be recognized as an excess of a co-participant. The other

criminal participants shall not be criminally liable for the excess.

Article 31. Types of Complicity

1. A crime shall be recognized as committed by a group of persons if two or more

perpetrators jointly participated in its commission without collusion.

2. A crime shall be recognized as committed by a group of persons involving

collusion, if the persons who participated in it agreed earlier on joint commission of a

crime.

3. A crime shall be recognized as committed by an organized group, if it is

committed by a fixed group of persons who united earlier for the commission of one or

several crimes.

4. A crime shall be recognized as committed by a criminal association (criminal

organization), if it is committed by an association of organized groups which is set up

for the commission of one or several crimes.

4-1. A crime shall be recognized as committed by a transnational organized group,

(transnational criminal organization) if it is committed by a fixed group of persons who

united earlier for the commission of one or several crimes in the territory of two or

more states or in one state, but its preparation, planning, guidance, or consequences

took place in another state or in one state but the participants are citizens of other

states.

4-2. A crime shall be recognized as committed by a transnational criminal

association (transnational criminal organization), if it is committed by an association

of organized groups which are set up for the commission of one or several crimes in the

territory of two or more states, or in one state but its preparation, planning,

guidance, or consequences took place in another state or in one state but the

participants are citizens of other states.

5. A person who set up or guided an organized group or a criminal association

(criminal organization), transnational organized group, transnational criminal

association (transnational criminal organization) or a fixed armed group (gang) shall be

criminally liable for the organization and guidance thereof as provided in the relevant

articles of the Special Part of the Code, as well as for all the crimes which have been

committed by an organized group or a criminal association (criminal organization),

transnational organized group, transnational criminal association (transnational

criminal organization) or a fixed armed group (gang) if those crimes have been committed

according to his intention. Other participants of an organized group or a criminal

association (criminal organization), transnational organized group, transnational

criminal association (transnational criminal organization) or a fixed armed group (gang)

shall be criminally liable for participation in them as provided in the relevant

articles of the Special Part of the Code, as well as for crimes in preparation for or

the commission of which they participated.

6. Setting up of an organized group in cases, which are not stipulated by articles

of the Special Part of the Code, shall entail criminal liability for preparation for

those crimes for the commission of which it was created.

Footnote. Article 31 as amended by the Law of the Republic of Kazakhstan dated

29.11.2011 No. 502-IV (shall be enforced upon expiry of ten calendar days after its

first official publication).

Article 32. Necessary Self-defense

1. Necessary self-defense is an act which is committed in defense of the interests

of the State or the public, or the rights of oneself or another person, as well as in

defense of a person against assault, or threats of assault, in such a manner that harm

is caused to the assailant. Criminal liability for this act applies if the limits of

necessary self-defense have been exceeded.

2. All persons in equal measure shall have the right to necessary self-defense,

regardless of their professional or other special training, or official position. This

right shall belong to a person regardless of whether it is possible to avoid a socially

dangerous assault, or to appeal for help to other persons or state bodies.

3. Protective acts manifestly disproportionate to the nature and the danger of the

assault, which were not necessary in order to prevent or repel the assault and as a

result of which harm is caused to the assailant, shall be considered as exceeding the

limits of necessary self-defense. Criminal liability for such excessive acts applies

only if harm has been caused intentionally.

Not recognized as exceeding the limits of necessary self-defense shall be causing

of harm to the assailant who attempts to commit a murder or when repelling the assault

involving:

the use or an attempt to use weapons or other objects or devices threatening the

life or health of the self-defending person or other persons;

violence which endangers the life or health of the self-defending person or other

persons or an immediate threat of such violence;

unlawful entry by force into a dwelling or other premises.

Footnote. Article 32 as amended by the Laws of the Republic of Kazakhstan dated

21.12.2002 No. 363; dated 09.11.2011 No. 490-IV (shall be enforced upon expiry of ten

calendar days after its first official publication).

Article 33. Arrest of an Assaulter Causing Personal Harm

1. The causing of harm to the person who has committed a crime while carrying out

the arrest in order to deliver him to the state bodies and to exclude the possibility of

his committing new assaults, shall not be considered to be a crime if it was not

possible to detain the assaulter by other means, and if the actions taken for this

purpose did not exceed the necessary measures.

2. An excess of the measures necessary for the arrest of an assaulter is their

evident disproportion to the character and degree of public danger of the crime

committed by the person to be arrested and to the circumstances of the arrest, when

obviously excessive harm is caused to a person without necessity. Criminal liability

shall apply only in cases of deliberate causing of harm.

3. Victims of the assault and other citizens besides special authorized persons

shall have the right to detain the assaulter.

Article 34. Extreme Necessity 1. An act of extreme necessity is an act which a person commits to prevent harm,

which threatens the life, health and the rights of the person or another person, the

interests of the State or the public, if in the actual circumstances it has not been

possible to prevent the relevant harm by other means and if the actions taken for this

purpose did not exceed the necessary measures. Extreme necessity excludes criminal

liability.

2. An excess of the measures of extreme necessity is the causing of harm which is

in evident disproportion to the character and degree of the danger and the circumstances

of the danger elimination, if the harm caused is equal or bigger than that which was

prevented. Criminal liability shall apply only in cases of deliberate causing of harm.

Article 34-1. Operational Search Actions

1. The offence against the interests protected by this Code committed in the

course of lawful operational search actions by an employee of an authorized state body

or by another person who collaborates with this body following its instructions shall

not be regarded as a crime if committed for the purpose of prevention, detection,

exposure or investigation of the crimes committed by a group of persons, by a group of

colluders, by an organized group or a criminal association (criminal organization),

transnational organized group, transnational criminal association (transnational

criminal organization) or a fixed armed group (gang) as well as in the cases if the harm

caused to legally protected interests is less than the harm prevented and if the

prevention, solving or investigation and the exposure of the offenders could not be

carried out by any other means.

2. The provisions of the first part of this Article shall not apply to the persons

who committed offences related to threat of lives or health of people, ecological

disaster, public calamity or other grave consequences.

Footnote. Is supplemented by Article 34-1 in accordance with the Law of the

Republic of Kazakhstan dated 16.03.2001 No. 163; as amended by the Law of the Republic

of Kazakhstan dated 29.11.2011 No. 502-IV (shall be enforced upon expiry of ten calendar

days after its first official publication).

Article 35. Justifiable Risk

1. Criminal liability shall not apply for harm caused to the legally protected

interests through an act which has been committed in order to achieve a socially useful

objective.

2. Risk shall be recognized as justifiable if a said objective could not have been

achieved by actions (inaction) not involving risk and if a person who has allowed the

risk has taken all measures to prevent harm to legally protected interests.

3. The risk shall be considered not to be justified, if it is knowingly associated

with a threat to the life of several persons or threatens to cause an ecological or

public disaster.

Article 36. Physical or Psychic Coercion 1. Criminal liability shall not apply for harm which has been caused to legally

protected interests through physical coercion, if a person could not control his or her

actions (inaction) as a consequence of such coercion.

2. The issue of criminal liability for the harm which has been caused to legally

protected interests through physic coercion, as well as through physical coercion, as a

consequence of which the person retained the possibility to control his or her actions,

shall be resolved subject to provisions of Article 34 of this Code.

Article 37. Execution of Orders or Instructions 1. Criminal liability shall not apply for harm which has been caused to legally

protected interests by a person who acted in pursuance of an order or instruction

obligatory for him. Criminally liable for the causing of such harm shall be the person

who has issued the illegal order or instruction.

2. A person who has committed a deliberate crime in pursuance of an illegal order

or instruction knowing about its criminal nature shall be criminally liable on general

grounds. A person who has not executed a criminal order or instruction shall not be held

criminally liable.

Section III. Punishment

Article 38. The Concept and Purposes of Punishment

1. Punishment is a compulsory measure which a court adjudges on behalf of the

State. Punishment shall be applied to a person who has been found guilty of the

commission of a crime. It involves deprivation or restriction of personal rights and

liberties as provided for in this Code.

2. Punishment shall be applied to re-establish social justice, as well to reform

the convicted person, and to achieve that the convict or other persons refrain from

committing new criminal offences. The punishment does not have the purpose of inflicting

physical suffering or infringing human dignity.

Article 39. Types of Punishment

1. One of the following basic sentences may be adjudged against a person who has

committed a criminal offence:

a) a fine;

b) deprivation of the right to hold specific offices or to engage in specific

activities;

c) community service;

d) corrective labor;

e) restriction in military service;

f) restriction of liberty;

g) detention in a guard-house;

h) excluded by the Law of the Republic of Kazakhstan dated 10.07.2009 No. 177-IV

(the order of enforcement see Art.2);

i) deprivation of liberty;

j) death penalty.

2. In addition to a basic punishment, the following additional punishments may be

adjudged:

a) deprivation of a special or military rank, or honorary title, rank, diplomatic

rank, or qualification and state awards;

b) confiscation of property.

3. A fine and deprivation of the right to hold specific offices or to engage in

specific activities and community service shall be applicable both as basic and

additionals of punishment.

Footnote. Article 39 as amended by the Laws of the Republic of Kazakhstan dated

09.12.2004 No. 10; dated 10.07.2009 No. 177-IV (the the order of enforcement see Art.2);

dated 18.01.2011 No. 393-IV (shall be enforced upon expiry of ten calendar days after

its first official publication).

Article 40. A Fine

1. A fine is a monetary exaction imposed within the limits established by this

Code in an amount corresponding to a definite number of monthly calculation indices, as

fixed by the laws of the Republic of Kazakhstan at the time of imposing the punishment.

2. The fine shall be established in an amount from 25 to 20,000 monthly

calculation indices, as established by legislation of the Republic of Kazakhstan. The

amount of a fine shall be determined by a court subject to gravity of the crime

committed, and property status of the convict.

3. A fine as an additional of punishment may be applied only in cases provided for

in the relevant articles of the Special Part of the Code.

4. In the event that a person maliciously evades payment of a fine, the latter

shall be replaced by community service or corrective labor, the duration of which shall

be calculated as follows: one month of corrective labor or eighty hours of community

service are equivalent to a fine which amounts to a threefold monthly calculation

indices, in compliance with the provisions of Articles 42, 43 of the Code.

Footnote. Article 40 as amended by the Laws of the Republic of Kazakhstan dated

18.01.2011 No. 393-IV (shall be enforced upon expiry of ten calendar days after upon its

first official publication); dated 09.11.2011 No. 490-IV (shall be enforced upon expiry

of ten calendar days after its first official publication).

Article 41. Deprivation of the Right to Hold Specific Offices or to Engage in

Specific Activities 1. Deprivation of the right to hold specific offices or to engage in specific

activities involves prohibition to hold offices in the civil service and local self-

government bodies, or to engage in a professional or any other activity.

2. Deprivation of the right Deprivation of the right to hold specified offices or

to engage in specified activities shall be established for a term of one year to five

years as a basic punishment, or for a term of six months to three years as an additional

punishment.

For crimes against sexual integrity of minors committed by a teacher or other

person who is responsible for their education by law, the deprivation of the right

Deprivation of the right to hold specified offices or to engage in specified activities

shall be established for a period from ten to twenty years as an additional of

punishment under paragraph e) of the third and fourth part of Article 120, paragraph d)

of the third and fourth part of Article 121, paragraphs two and three article 122,

second and third parts of Article 124 of this Code.

For the commission of corruption crimes deprivation of the right to hold specified

offices or to engage in specified activities shall be established for a period from

three to ten years as a main of punishment and for a period from one year to seven years

as an additional of punishment.

3. Deprivation of the right to hold specified offices or to engage in specified

activities may be imposed as an additional punishment also in cases where it is not

provided for by the relevant Article of the Special Part of this Code as punishment for

the corresponding offence, if with due account of the nature and the degree of the

social danger of the crime committed and the personality of the convict, the court deems

it impossible to allow him to retain the right to hold specified offices or to engage in

specified activities.

4. In the event that this of punishment is imposed in addition to deprivation of

liberty, this punishment shall extend to the entire time of serving said basic

punishments, but its term shall be counted from the time they have been served. If this

of punishment is imposed in addition to other basics of punishment, and also in the

event of conditional conviction, its term shall be counted from the time of the

enforcement of the court's judgement.

Notes.

1. (is excluded dated July 21, 2007 No.308)

2. Crimes specified in Articles 164, 168-171, 233-1, 233-3, 233-4, 236, the second

and third parts of Article 337, Article 337-1 of this Code shall be recognized as crimes

which contain elements of extremism.

Footnote. Article 41 as amended by the Laws of the Republic of Kazakhstan dated

25.09.2003 No. 484; dated 08.07.2005 No. 67 (the order of enforcement see Art.2); dated

21.07.2007 No. 308; dated 10.07.2009 No. 177-IV (the order of enforcement see Art.2);

dated 10.12.2009 No. 228-IV (the order of enforcement see Art.2); dated 23.11.2010 No.

354-IV (shall be enforced upon expiry of ten calendar days after its first official

publication); dated 18.01.2011 No. 393-IV (shall be enforced upon expiry of ten calendar

days after its first official publication); dated 29.11.2011 No. 502-IV (shall be

enforced upon expiry of ten calendar days after its first official publication).

Article 42. Involvement in community service 1. Community service shall consist in the performance by a convict of publicly

useful work during free time outside employment or studies, the of which shall be

defined by local executive bodies or local self-government bodies.

2. Community service shall be determined for a term from sixty up to two hundred

and forty hours and shall be performed for no longer than four hours per day, if a

convict does not have permanent employment or does not study up to eight hours per day,

however no longer than forty hours per week. In case the convicted person maliciously

evades performing community service, the latter shall be replaced by restriction of

liberty or deprivation of liberty for the term provided for in Articles 45 and 48 of the

Code. The time during which the convicted person was engaged in community service shall

be counted at the rate of one day of restriction of liberty or deprivation of liberty

for four hours of community service.

3. Engagement in community service may not be imposed upon military servicemen,

women over fifty eight years of age, and men over sixty three, pregnant women, as well

as women having children up to three years of age and the disabled of group one and two.

Footnote. Article 42 as amended by the Laws of the Republic of Kazakhstan dated

05.05.2000 No. 47; dated 21.12.2002 No. 363; dated 10.12.2009 No. 228-IV (the order of

enforcement see Art.2); dated 18.01.2011 No. 393-IV (shall be enforced upon expiry of

ten calendar days after its first official publication); dated 09.11.2011 No. 490-IV

(shall be enforced upon expiry of ten calendar days after its first official

publication).

Article 43. Corrective labor 1. Corrective labor shall be imposed for a term from two months to two years, and

shall be served at the convicted person's place of work.

2. Deductions for the benefit of the State shall be made from the earnings of the

person sentenced to corrective labor, in the amount fixed by the court's judgement,

within the limits from five to twenty percent.

3. Corrective labor may not be imposed upon persons who are recognized as

incapable for work, who do not have permanent work, or who study. Instead of corrective

labor, a court may impose a fine upon such persons in the amount of one monthly

calculation index established by legislation for one month of corrective labor, if the

relevant article of the Special Part of the Code does not stipulate punishment in the

form of a fine. A court may also replace corrective labor with a fine, if the said

circumstances arose during the period of serving punishment.

4. In case of a malicious evasion of serving punishment by a person sentenced to

corrective labor, a court may replace the remaining term of corrective labor with a

punishment in the form of restriction of liberty or deprivation of liberty for the same

period.

Footnote. Article 43 as amended by the Law of the Republic of Kazakhstan dated

18.01.2011 No. 393-IV (shall be enforced upon expiry of ten calendar days after its

first official publication).

Article 44. Restriction in Military Service

1. Restriction in military service shall be imposed upon convicted military

servicemen who undergo military service under a contract, as well as officers who have

been called up for military service for a term from three months up to two years in

cases stipulated by relevant articles of the Special Part of the Code for the commission

of crimes against military service, as well as upon convicted military servicemen who

undergo military service under a contract, instead of corrective labor as provided for

in the relevant articles of the Special Part of the Code.

2. Deductions for the benefit of the State shall be made from the upkeep of a

person convicted to restriction in military service in the amount, fixed by the court's

judgement, of not more than 20 percent. During the serving of this punishment the

convicted person may not be promoted in his post or in military rank, and the period of

punishment shall not be counted in the period of seniority for purposes of promotion in

rank.

Article 45. Restriction of Liberty

1. Restriction of liberty shall consist in imposition on the person convicted by

the court of certain duties which restrict his liberty and it shall be endured in the

place of his residence under the supervision of the specialized authority without

isolation from the society for a period from one year up to seven years. In the event

that community service or corrective labor has been replaced with restricted liberty,

the latter punishment may be imposed for a term of less than one year.

The court when determining a punishment in the form of restriction of liberty

shall impose upon the convict the following duties: not to change the permanent place of

residence, of work or study without notifying the specialized authorities; not to visit

certain places; not to leave the place of residence in spare time; not to depart for

other areas without a permit from the specialized authority. The court may also impose

other duties upon a person sentenced to restriction of liberty, the performance of which

promotes his correction: to undergo a course of medical treatment from alcoholism, drug

addiction, toxic mania, sexually transmitted diseases, to maintain family.

2. In the event that a person convicted to restricted liberty maliciously evades

the serving of the punishment, this punishment shall be replaced with deprivation of

liberty for the term of restricted liberty imposed by the court's judgement. The time of

serving restricted liberty shall be counted in the period of deprivation of liberty at

the rate of one day of deprivation of liberty per one day of restricted liberty.

3. Restriction of liberty shall not apply to the persons who have been convicted

for the commission of a grave and especially grave crime, to military servicemen as well

as to persons who have no permanent place of residence.

4. During the term of punishment in form of liberty restriction the court pursuant

to the proposal of the authority supervising the convict's behavior, may fully or

partially cancel the duties previously imposed upon the convict.

Footnote. Article 45 is in the wording of the Law of the Republic of Kazakhstan

dated 21.12.2002 No. 363; as amended by the Laws of the Republic of Kazakhstan dated

18.01.2011 No. 393-IV (shall be enforced upon expiry of ten calendar days after its

first official publication); dated 09.11.2011 No. 490-IV (shall be enforced upon expiry

of ten calendar days after its first official publication).

Article 46. Detention in a Guard-House

1. Detention in a guard-house shall consist in the detention of a military

serviceman in strict isolation from the society for the entire term of the imposed

punishment.

2. Detention in a guard-house shall be imposed for a period from one to three

months.

Footnote. Article 46 is in the wording of the Law of the Republic of Kazakhstan

dated 18.01.2011 No. 393-IV (shall be enforced upon expiry of ten calendar days after

its first official publication).

Article 47. Detention in a Disciplinary Military Unit Footnote. Is excluded by the Law of the Republic of Kazakhstan dated 10.07.2009

No. 177-IV (the order of enforcement see Art.2).

Article 48. Deprivation of Liberty 1. Deprivation of liberty is isolation of the convict from society by way of

sending him to a settlement colony or placing him in a penitentiary settlement of a

general, strict or special regime, or into prison.

2. Persons sentenced to deprivation of liberty who have not attained the age of

eighteen years by the time of passing of the sentence, shall be sent to educational

colonies of a general or strict regime.

3. Deprivation of liberty for the commission of crimes as provided for in the Code

shall be established for a period of six months to fifteen years, and for especially

grave crimes - up to twenty years or for lifetime. For crimes of negligence a term of

deprivation of liberty may not exceed ten years. If deprivation of liberty replaces

community service, or corrective labor, or restriction of liberty, the term may be less

than six months. In case of a partial or complete addition of terms of deprivation of

liberty, when establishing punishments for a cumulative crime, as well as in cases

stipulated by the third part of Article 49, the fifth part of Article 69, and the fourth

part of Article 75 of the Code, the maximum term of deprivation of liberty may not

exceed twenty five years, and thirty years in case of a cumulative crime.

4. Deprivation of liberty for life shall be established for the commission of

especially grave crimes as well as an alternative to death penalty. It shall not be

imposed upon women or upon persons who have committed crimes under the age of eighteen,

nor upon men who have attained the age of sixty five years by the time of passing the

sentence.

5. The sentence of the deprivation of liberty shall be served:

a) By persons have been convicted for crimes committed through negligence as well

as by the persons who have been convicted for the first time and sentenced to the

deprivation of liberty for committing deliberate crimes for a term up to one year - in

settlement colonies;

b) By persons who have been convicted and sentenced to the deprivation of liberty

for the first time for a term exceeding one year for the commission of deliberate lesser

crimes, crimes of medium gravity, or grave crimes and by persons to whom community

service, corrective labor or restriction of liberty have been substituted with

deprivation of liberty for a period of up to six months - in penitentiary settlements of

a general regime;

c) By persons who have been convicted and sentenced to the deprivation of liberty

for the first time for the commission of especially grave crimes, repeated crimes, if a

convicted person has previously served punishment in form of deprivation of liberty, as

well as by women who have committed especially dangerous repeated crimes - in

penitentiary settlements of a strict regime;

d) By persons who have committed especially dangerous repeated crimes, as well as

by persons who have been sentenced to lifelong deprivation of liberty - in penitentiary

settlements of a special regime.

6. The persons sentenced to the deprivation of liberty for committing particularly

grave crimes for a term of over five years, and also in case of especially dangerous

repeated crimes may be made to serve a part of the term of punishment in prison.

7. The kind of the assigned reformatory institution may be changed by the court in

accordance with the criminal-executive legislation of the Republic of Kazakhstan.

Footnote. Article 48 as amended by the Laws of the Republic of Kazakhstan dated

05.05.2000 No. 47; dated 09.12.2004 No. 10; dated 27.06.2008 No. 50-IV (the order of

enforcement see Art.2); dated 10.07.2009 No. 175-IV (the order of enforcement see

Art.2); dated 09.11.2011 No. 490-IV (shall be enforced upon expiry of ten calendar days

after its first official publication).

Article 49. Death penalty

1. Death penalty, that is, a sentence to be shot, as an exceptional form of

punishment, to be established for terrorist crimes encroaching on human life, as well as

for especially grave crimes committed in war time. The convict has the right to appeal

for pardon.

2. Death penalty shall not be imposed upon women, as well as upon persons who have

committed a crime under the age of eighteen, and men who have attained the age of sixty

five by the time of passing the sentence by the court.

3. In the event that the President of the Republic of Kazakhstan establishes a

moratorium on the execution of the death penalty, the execution of the sentence of death

penalty shall be suspended for the effective period of a moratorium.

4. Death sentence shall be enforced not earlier than one year from the moment of

its entering into force, and not earlier than one year after the cancellation of the

death penalty moratorium.

5. Death penalty by way of pardon may be replaced by deprivation of liberty for

life or by deprivation of liberty for a term of 25 years in a correction colony of

special regime. In the event of the cancellation of the death penalty moratorium persons

sentenced to death penalty shall have the right to petition for pardon irrespective of

whether or not they petitioned for it prior to the establishment of the moratorium.

Footnote. Article 49 as amended by the Laws of the Republic of Kazakhstan dated

10.03.2004 No. 529; dated 10.07.2009 No. 175-IV (the order of enforcement see Art.2).

Article 50. Deprivation of a special or military rank, or honorary title,

rank, diplomatic rank, or qualification and state awards

1. Upon conviction for a deliberate crime, a court may deprive the convict of a

special or military rank, or honorary title, rank, diplomatic rank, or qualification

with due account for his personality.

2. If a person who has been convicted for a deliberate crime has state awards of

the Republic of Kazakhstan, or an honorary, military, special, or other rank, rank,

diplomatic rank, or a qualification, which have been awarded by the President of the

Republic of Kazakhstan, the court shall consider if it is appropriate to submit a

recommendation to deprive a given convict of those awards, ranks, rank, diplomatic rank,

or a qualification to the President of the Republic of Kazakhstan.

Footnote. Article 50 as amended by the Law of the Republic of Kazakhstan dated

09.11.2011 No. 490-IV (shall be enforced upon expiry of ten calendar days after its

first official publication).

Article 51. Confiscation of Property

1. Confiscation of property is Confiscation of property consists of the compulsory

seizure and transfer to the State, without compensation, of all or part of the effects

constituting the property of the convicted person as well as the property which has been

used as an instrument or means for committing a crime.

For corruption crimes and crimes committed by a member of an organized criminal

group, or a criminal association (criminal organization), transnational organized group,

transnational criminal association (transnational criminal organization) or a fixed

armed group (gang) the property obtained in a criminal way or purchased with funds

obtained by criminal means or property which has been transferred by the convict to

other persons shall be subject to confiscation besides the personal effects of the

convict.

2. Confiscation of property is established for crimes committed for mercenary

motives. It may be imposed only in accordance with the provisions of the relevant

articles of the Special Part of the Code.

3. Property which is indispensible to the convict or his dependents shall not be

subject to confiscation in accordance with the list provided in the criminal-executive

legislation.

Footnote. Article 51 as amended by the Laws of the Republic of Kazakhstan dated

21.07.2007 No. 308; dated 09.11.2011 No. 490-IV (shall be enforced upon expiry of ten

calendar days after its first official publication); dated 29.11.2011 No. 502-IV (shall

be enforced upon expiry of ten calendar days after its first official publication).

Section IV. Imposition of Punishment

Article 52. General Principles for Imposing Punishment 1. The court shall impose just punishment on a person who has been found guilty of

the commission of a crime, within the limits stipulated by the relevant Article of the

Special Part of this Code, and with due account for the provisions of the General Part

of this Code.

2. A person who committed a crime must be sentenced to a punishment necessary and

sufficient for his correction and prevention of new crimes. A stricter of punishment

than that stipulated for a given crime shall only be appointed in case a lesser

punishment cannot achieve the objective of punishment. Stricter punishment than that

envisaged by the relevant Articles of the Special Part of this Code for the committed

crime may be imposed for the cumulation of offences and for the cumulation of sentences

in keeping with Article 58 and 60 of this Code. Grounds for the imposition of a lighter

punishment than that stipulated by the relevant Article of the Special Part of this Code

for the perpetrated crime shall be determined by Article 55of this Code.

3. In imposing punishment, the court shall take into consideration the nature and

the degree of the social danger of the crime and the personality of the convict,

including his behavior prior and after the crime, any mitigating or aggravating

circumstances, and also the influence of the imposed penalty on the rehabilitation of

the convicted person and on the conditions of life of his family.

Article 53. Circumstances Which Mitigate Criminal Liability and Punishment 1. The following circumstances mitigate criminal liability and punishment:

a) commission of a crime of small gravity for the first time in consequence of a

coincidence of circumstances;

b) age of minority of a guilty person;

c) pregnancy;

d) the convict’s responsibility for his infant children;

c) pregnancy;

d) the existence of small children of a convict;

e) rendering of medical or other aid to the victim after the commission of the

crime, voluntary compensation for material loss and mental injury caused as a result of

the crime, and other actions of effecting restitution of damage caused to the victim;

f) commission of a crime through coincidence or as a consequence of personal

circumstances or out of compassion;

g) commission of a crime as a result of physical or mental coercion, or by reason

of subordination, material or any other dependence;

h) commission of a crime through breach of the lawful conditions for necessary

defense, in case of extreme necessity, the detention of a person who has perpetrated the

crime, justified risk, or the execution of orders or instructions;

i) the illegality or amorality of the victim's behavior, which served as a pretext

for the crime;

j) sincere repentance of the criminal, giving himself up or active assistance in

the exposure of a crime, incriminating other participants or tracking the illegally

obtained property.

2. In imposing punishment, the court of law may take into consideration other

mitigating circumstances not provided for by the first part of this Article.

3. If a mitigating circumstance is provided for by the corresponding Article of

the Special Part of this Code as an element of another crime, then it in itself may not

be considered for that second crime.

4. In presence of mitigating circumstances as specified in paragraphs e) and j) of

the first part of this Article and in absence of aggravating circumstances, the term or

scope of punishment for a crime of lesser or medium gravity may not exceed half, for a

grave crime two thirds, for a specially grave crime three fourths of the maximum term or

scope of the strictest of punishment as specified in the relevant Article of the Special

Part of this Code.

5. If the relevant Article of the Special Part of the Code under which a person is

convicted provides for various (alternative)s of punishment and in the presence of

mitigating circumstances as specified in paragraph e) of the first part of this Article,

deprivation of liberty for lesser crimes and crimes of medium gravity shall not be

imposed.

5-1. If the relevant Article of Chapter 7 of the Code under which a person is

convicted provides for various (alternative)s of punishment, deprivation of liberty

shall not be imposed if the convicted person has voluntarily compensated for the

property damage caused by the committed crime to a citizen, an organization or the

state.

The provisions of this part shall not apply to persons who have committed a crime

specified in paragraph c) of the second part of Article 192, by paragraph a) of the

third part of Article 193, by Article 226, by the first and the second parts of Article

226-1 of this Code.

6. In cases in which the simplified procedure of pre-trial proceedings is applied,

the term or measure of punishment for the committed crime shall not exceed half of the

maximum term or scope of the most severe of punishment which is stipulated by the

relevant Article of the Special Part of this Code.

Footnote. Article 53 as amended by the Laws of the Republic of Kazakhstan dated

21.12.2002 No. 363; dated 17.07.2009 No. 187-IV; dated 18.01.2011 No. 393-IV (shall be

enforced upon expiry of ten calendar days after its first official publication); dated

09.11.2011 No. 490-IV (shall be enforced upon expiry of ten calendar days after its

first official publication).

Article 54. Circumstances Which Aggravate Criminal Liability and Punishment 1. The following circumstances shall aggravate criminal liability and punishment:

a) repetition of crimes, criminal recidivism;

b) grave consequences of the commission of a crime;

c) commission of a crime by a group of persons or a group of persons as a result

of a preliminary conspiracy, by an organized group, a criminal association (criminal

organization), transnational organized group, transnational criminal association

(transnational criminal organization) or a fixed armed group (gang) or a terrorist

group;

d) especially active role played in the commission of a crime;

e) involvement in the commission of the crime of the persons who suffer from heavy

mental derangement or who are in a state of intoxication, or of persons who have not

attained the age of criminal responsibility;

f) commission of a crime by reason of national, racial, or religious hatred or

enmity, out of revenge for the lawful actions of other persons, or with the purpose of

concealing or facilitating another crime;

g) commission of a crime against a woman who is obviously in a state of pregnancy,

or against a minor, another defenseless or helpless person, or a person who is dependent

on the guilty person;

h) commission of a crime against a person or his relatives in connection with his

official activity or the discharge of his public duty;

i) commission of a crime with especial brutality, sadism, or mockery, or involving

torments for the victim;

j) commission of a crime with the use of weapons, ammunition, explosives, fake

explosives, specially manufactured technical means, poisonous or radioactive substances,

medicinal or other chemical and pharmacological preparations, or with the use of

physical or mental compulsion;

k) commission of a crime during a state of emergency, natural or social disaster,

or during mass disturbances;

l) commission of a crime in a condition of alcoholic or drug intoxication. The

court may not recognize this circumstance as aggravating, depending on the nature of the

crime;

m) commission of a crime involving violation of a military oath or a professional

vow;

n) commission of a crime, abusing confidence placed in the guilty person through

his official position, or through a contract;

o) commission of a crime with the use of uniforms or documents of representatives

of the authorities.

p) commission of a crime by an employee of a law enforcement agency or by a judge

abusing the official position.

2. If the circumstance specified in the first part of this Article is determined

by the relevant article of the Special Part of the Code as an element of a crime, it may

not be taken into consideration again as a circumstance aggravating liability and

punishment.

3. Circumstances which are not specified in the first part of this Article may not

be recognized as aggravating by the court when establishing punishment.

Footnote. Article 54 as amended by the Laws of the Republic of Kazakhstan dated

18.01.2011 No. 393-IV (shall be enforced upon expiry of ten calendar days after its

first official publication); dated 29.11.2011 No. 502-IV (shall be enforced upon expiry

of ten calendar days after its first official publication).

Article 55. Imposition of a Lesser Punishment than It Is Stipulated for a

Given Crime 1. In the presence of exceptional circumstances related to the purposes and

motives of the crime, the role played by the guilty person, his behavior during or after

the commission of the crime, or other circumstances essentially reducing the degree of

the social danger of the crime, as well as in case of an active assistance of a

participant in a group crime in the disclosure of this crime, the imposed punishment may

be more lenient than the minimum stipulated by the relevant article of the Special Part

of this Code, or the court may establish a more lenient of punishment than the one

stipulated by a given article, or not to apply an additional of punishment stipulated as

obligatory.

2. Particular mitigating circumstances as well as the totality of such

circumstances may be recognized as exceptional.

Article 56. Imposition of Punishment for an Unfinished Crime 1. In imposing punishment for an uncompleted crime, the court of law shall take

into account the circumstances, by virtue of which the crime was not brought to

completion.

2. The term or the scope of punishment for preparations for a crime may not exceed

half the maximum term or scope of the most severe punishment prescribed by the relevant

Articles of the Special Part of this Code for the completed crime.

3. The term or extent of punishment for an attempted crime may not exceed three-

fourths of the maximum term or scope of the most severe punishment prescribed by the

relevant Article of the Special Part of this Code for the completed crime.

4. Neither capital punishment nor deprivation of liberty for life shall be imposed

for the preparations for a crime or for an attempted crime.

Article 57. Imposition of Punishment for a Crime Committed in Complicity

1. In imposing punishment for a criminal conspiracy, the court shall take into

consideration the nature and the degree of the actual participation of the person in its

perpetration, the importance of this participation for the achievement of the purpose of

the crime, and its influence on the nature and the amount of inflicted or possible

damage.

2. Mitigating or aggravating circumstances relating to the personality of one of

the participant shall be taken into account by the court when it imposes punishment only

for this individual participant.

Article 58. Imposition of Punishment for a Cumulative Crime

1. In case of a cumulative crime a court shall establish punishment (main and

additional) for each crime separately and then it shall determine the final punishment

by way of incorporation of the less strict punishment with a more severe one, or by

partial or full addition of punishments.

2. If crimes committed cumulatively are only crimes of lesser and medium gravity,

then the final penalty shall be imposed by way of incorporation of the less strict

punishment with a stricter one.

3. If a cumulative crime includes grave or especially grave crimes, the final

punishment shall be established by way of absorption of a less strict punishment by a

stricter one or by way of partial or complete edition of punishments. In this case, the

final punishment in form of deprivation of liberty may not exceed 20 years.

4. If a cumulative crime includes at least one especially grave crime, for the

commission of which this Code stipulates punishment in the form of deprivation of

liberty for a period of twenty years, or death penalty, or life imprisonment, then final

punishment shall be established by way of partial or complete accumulation of

punishments. In this respect, final punishment in the form of deprivation of liberty may

not exceed twenty five years. If life imprisonment or death penalty is imposed for a

crime which forms part of a cumulative crime then the final punishment imposed shall be

in the form of life imprisonment or the death penalty respectively.

5. Additional penalties may be joined to the basic penalties in case of cumulative

crimes. In case of partial or full addition of penalties, final additional punishment

may not exceed the maximum term or scope prescribed for this of punishment by the

General Part of this Code.

6. Punishment shall be imposed under the same rules; if after the court delivers

its judgement in the case it is established that the convicted person is guilty of still

another crime committed by him before adjudication in the first case. In this instance,

the punishment served under the first judgement of the court shall be included in the

final punishment.

Footnote. Article 58 as amended by the Laws of the Republic of Kazakhstan dated

21.12.2002 No. 363; dated 10.12.2009 No. 227-IV (shall be enforced from 01.01.2010).

Article 59. Imposition of Punishment in Case of Criminal Recidivism

1. When imposing punishment in a case of criminal recidivism, dangerous criminal

recidivism, or especially dangerous criminal recidivism, account shall be taken of the

nature and degree of the social danger of the crimes committed earlier, the

circumstances by virtue of which corrective influence of the previous punishment has

proved to be insufficient, and also the nature and degree of the social danger of the

newly committed crimes.

2. The term of punishment in case of criminal recidivism may not be less than one

third the maximum term of the most severe penalty prescribed for the crime committed,

not less than two-thirds in cases of dangerous criminal recidivism, and not less than

three-fours in case of especially dangerous criminal recidivism.

3. If there are exceptional circumstances stipulated by Article 55 of the Code,

then punishment in cases of criminal recidivism, dangerous criminal recidivism, or

especially dangerous criminal recidivism, shall be established without taking into

consideration of the rules stipulated by the second part of this Article.

Footnote. Article 59 as amended by the Laws of the Republic of Kazakhstan dated

21.12.2002 No. 363; dated 08.01.2007 No. 210; dated 10.12.2009 No. 227-IV (shall be

enforced from 01.01.2010).

Article 60. Imposition of Punishment in Case of Accumulation of Sentences

1. If a convict, after the passing of a sentence, but prior to full serving of

punishment, committed another offence, a court shall add, fully or partially, an

unserved time of punishment for the previous offence to the punishment imposed for the

last offence.

2. The final punishment in case of accumulation of sentences, if it is not

associated with deprivation of liberty, may not exceed the maximum term or amount

stipulated for a given of punishment in the General Part of this Code.

3. The final punishment in case of the accumulation of sentences in the form of

deprivation of liberty may not exceed twenty-five years. If the accumulation of

sentences includes a sentence by which a given person is found guilty of committing at

least one crime indicated in the fourth part of Article 58 of this Code, then the final

accumulated punishment in the form of deprivation of liberty may not exceed thirty

years.

4. The final punishment in case of accumulation of sentences must be greater than

both the punishments established for a newly committed crime, and the unserved part of

the punishment for a previous court's sentence.

5. When establishing punishment in an accumulation of sentences, the adding of

additionals of punishments shall be carried out in accordance with the rules stipulated

by Article 58 of this Code.

Article 61. The Procedure for Determining Terms of Punishment When Adding

Them 1. In case of partial or full addition of penalties for cumulative crimes, the

following measures shall correspond to one day of deprivation of liberty:

a) one day of detention in a guard-house;

b) two days of restriction of liberty;

c) three days of corrective labor or restriction in military service;

d) four hours of engagement in community service.

2. A fine, deprivation of the right to occupy certain positions or to engage in

certain activity, and deprivation of a special, military, or honorary rank, rank,

diplomatic rank, qualification degrees or state awards, as well as confiscation of

property, when they are added to a restriction of liberty, corrective labor, detention

under arrest, detention in a disciplinary military unit, or deprivation of liberty,

shall be executed independently.

Footnote. Article 61 as amended by the Laws of the Republic of Kazakhstan dated

05.05.2000 No. 47; dated 10.07.2009 No. 177-IV (the order of enforcement see Art.2);

dated 18.01.2011 No. 393-IV (shall be enforced upon expiry of ten calendar days after

its first official publication).

Article 62. Calculation of Terms of Punishment and Offset of Punishment 1. The terms of deprivation of the right to occupy certain positions or to engage

in certain actions, as well as the terms of corrective labor, restriction in military

service, restriction of liberty, detention in a guard-house, and terms of deprivation of

liberty, shall be calculated in months and years, and terms of engagement in community

service shall be calculated in hours.

2. In case of a change of punishment or in case of adding punishments indicated in

the first part of this Article, as well as in case of an offset of punishment, terms may

be calculated in days.

3. Time of detention in custody pending the entering of a given sentence into

effect shall be offset against a term of punishment in the form of deprivation of

liberty, or detention in a guard-house, on the basis of one day for one day, and in the

form of restriction of liberty - one day for two days, corrective labor and restriction

in military service - one day for three days, and with regards to the form of engagement

in community service - one day of detention under custody for four hours of community

service.

3-1. The time of holding under home arrest pending the entry of the sentence into

legal force shall be entered in the term of punishment in the form of deprivation of

liberty, detention in a guardhouse at two days for one day, in the form of restriction

of liberty - one day for one day, corrective labor and restriction of military service -

one day for two days, and in the term of punishment in the form of attraction to public

labor at one day of holding under home arrest for two hours of public labor.

4. The time of detention of a person under custody prior to the entering of a

given sentence into legal force, and the time of serving deprivation of liberty

appointed by a court judgment for a crime committed outside of the Republic of

Kazakhstan, in case of an extradition of a given person on the basis of Article 8 of the

Code, shall be offset on the basis of one day for one day.

5. In case of sentencing a convict, who is detained in custody pending judicial

investigation, to punishment in the form of a fine, deprivation of the right to occupy

certain positions or to engage in certain activity, a court, taking into consideration

the term of detention in custody, shall mitigate the appointed punishment, or completely

release him from serving that punishment.

6. The time during which a person, who fell ill with a mental disease after the

commission of a crime, was subjected to compulsory measures of a medical nature, shall

be offset against the term of punishment.

Footnote. Article 62 as amended by the Laws of the Republic of Kazakhstan dated

05.05.2000 No. 47; dated 09.12.2004 No.10; dated 10.07.2009 No. 177-IV (the order of

enforcement see Art.2); dated 18.01.2011 No. 393-IV (shall be enforced upon expiry of

ten calendar days after its first official publication).

Article 63. Suspended Sentence

1. If after having sentenced a criminal to corrective labor, restriction in

military service, or deprivation of liberty, a court arrives at the conclusion that the

given convict can be rehabilitated without his serving his sentence, the court may adopt

a decision to consider the sentence suspended.

2. In imposing a suspended sentence a court shall take into account the nature and

the degree of social danger of the crime committed, as well as the personality of the

given convict, and mitigating and aggravating circumstances.

3. In imposing a suspended sentence, the court shall fix a probationary period,

during which the person convicted conditionally should prove his rehabilitation by his

behavior. A probation period shall be fixed for a period between one year and three

years, and between six months and one year for minors.

A suspended sentence may be imposed for repeat commission of lesser or medium

grave crimes by minors during the probation period of a suspended sentence.

4. In suspended sentencing, additionals of deprivation and punishment may be

imposed, except for confiscation of property.

4-1. In imposing a suspended sentence, the court of law may place compulsory

educational measures on a minor on the basis of Article 82 of the Code.

5.(is excluded - dated 21.12.2002 No. 363).

5-1. In imposing a suspended sentence, the court may place definite duties on the

convicted person: not to change the permanent place of residence, work or study without

notifying the specialized authorities carrying out the control of behavior of the

convict; not to visit certain places; to undergo a course of medical treatment for

alcoholism, drug addiction, toxic mania, sexually-transmitted diseases or HIV / AIDS;

carry out material support of the family. The court may also impose upon a convict with

a suspended sentence, the performance of other duties to assist his correction.

6. Supervision of the behavior of a convict with a suspended sentence shall be

carried out by a specialized authorized state body, and in relation to military

servicemen, by the commanding staff of the military units and institutions.

7.(is excluded - dated 21.12.2002 No. 363).

8. A suspended sentence shall not be imposed when a person is convicted for

dangerous criminal recidivism, or especially dangerous criminal recidivism or sentenced

for the commission of an offence within an organized group, a criminal association

(criminal organization), transnational organized group, transnational criminal community

(transnational criminal organization) or a stable armed group (gang).

Footnote. Article 63 as amended by the Laws of the Republic of Kazakhstan dated

21.12.2002 No. 363; dated 08.01.2007 No. 210; dated 10.07.2009 No. 177-IV (the order of

enforcement see Art.2); dated 10.12.2009 No. 227-IV (shall be enforced from 01.01.2010);

dated 23.11.2010 No. 354-IV (shall be enforced upon expiry of ten calendar days after

its first official publication); dated 18.01.2011 No. 393-IV (shall be enforced upon

expiry of ten calendar days after its first official publication); dated 29.11.2011 No.

502-IV (shall be enforced upon expiry of ten calendar days after its first official

publication); dated 15.02.2012 No. 556-IV (shall be enforced upon expiry of ten calendar

days after its first official publication).

Article 64. Cancellation of a Suspended Sentence or the Prolongation of the

Probationary Period 1. If, prior to the expiration of the probationary period, a convict with a

suspended sentence proved his reformation, then a court may, pursuant to a proposal from

the body carrying out his supervision, may decree the cancellation of a suspended

sentence and strike the conviction off the convict’s criminal record. In this case, the

suspended sentence may be cancelled upon the expiry of not less than a half of the fixed

probationary period.

2. If a convict with a suspended sentence committed an administrative crime

violating public order and morality, rights of minors, against a person and in domestic

circumstances for which an administrative punishment was imposed on him, intentional

damage of means of electronic surveillance as well as in the case of non-appearance to

register without good cause, change of residence without the permission of the

supervising body, as well as in case of failure to comply with duties imposed by a court

on a convict, then a court, pursuant to a proposal from the body referred to in the

first part of this Article, may extend a probationary period, but for not more than one

year.

3. In case of systematic violations specified in the second part of this Article

by a convict with a suspended sentence within the probationary period and the

noncompliance with legal requirements as well as insults or threats of violence against

members of the supervising body or if a convict with a suspended sentence escapes

supervision, the court pursuant to a proposal by the body referred to in the first part

of this Article, shall issue a resolution to cancel the suspended sentence and execute

the punishment imposed by the court.

4. If during his probationary period, a convict with a suspended sentence

committed a crime by negligence, or a deliberate crime of a lesser gravity, the question

of the cancellation or retention of a suspended sentence shall be decided by a court

when sentencing him for a new crime.

5. If during his probationary period, a convict with a suspended sentence commits

a deliberate crime of medium gravity, or a grave, or especially grave crime or a minor

commits a grave, or especially grave crime, a court shall cancel a suspended sentence,

and shall sentence him in accordance with the rules stipulated by Article 60 of this

Code. Under the same rules punishment shall be imposed in the cases stipulated by the

fourth part of this Article.

Footnote. Article 64 as amended by the Laws of the Republic of Kazakhstan dated

21.12.2002 No. 363; dated 09.12.2004 No. 10; dated 10.12.2009 No. 227-IV (shall be

enforced from 01.01.2010); dated 10.12.2009 No. 228-IV (the order of enforcement see

Art.2); dated 09.11.2011 No. 490-IV (shall be enforced upon expiry of ten calendar days

after its first official publication); dated 15.02.2012 No. 556-IV (shall be enforced

upon expiry of ten calendar days after its first official publication).

Section V. Exemption from Criminal Liability and Punishment

Article 65. Exemption from Criminal Liability Due to Active Repentance

1. A person who committed an offence of a lesser or medium gravity for the first

time, may be exempt from criminal liability, if that person, after the commission of a

given offence, voluntary handed himself in to the police, or assisted in the

investigation of a given crime, or otherwise compensated for the damage inflicted by his

crime.

2. A person having committed an offence, except for a grave or especially grave

crime against a person, may be exempt from criminal liability, if he actively

contributed to the prevention, disclosure, or investigation of crimes committed by an

organized group or a criminal association (criminal organization) transnational

organized group, transnational criminal community (transnational criminal organization)

or a stable armed group (gang), disclosure of other co-participants in crimes committed

by a given organized group or a criminal association (criminal organization),

transnational organized group, transnational criminal community (transnational criminal

organization) or a stable armed group (gang).

3. Provided that conditions stipulated in the first and second parts of this

Article are met, a person having committed a crime of a different category may be exempt

from criminal liability only in cases specified in the relevant Articles of the Special

Part of the Code.

Footnote. Article 65 as amended by the Laws of the Republic of Kazakhstan dated

05.05.2000 No. 47; dated 29.11.2011 No. 502-IV (shall be enforced upon expiry of ten

calendar days from its first official publication).

Article 66. Exemption from Criminal Liability in Case of Exceeding the Limits

of Necessary Self-Defense A person, who exceeded the limits of necessary self-defense as a result of fear,

fright, or confusion, which were caused by a socially-dangerous infringement or a sudden

attack, may be exempt from criminal liability by a court subject to the circumstances of

any given case.

Footnote. Article 66 as amended by the Law of the Republic of Kazakhstan dated

09.11.2011 No. 490-IV (shall be enforced upon expiry of ten calendar days from its first

official publication).

Article 67. Exemption from Criminal Liability Due to Reconciliation

Footnote. Title as amended by the Law of the Republic of Kazakhstan dated

18.01.2011 No. 393-IV (shall be enforced upon expiry of ten calendar days from its first

official publication).

1. A person who committed an offence of a lesser gravity or medium gravity for the

first time, which did not cause death or grievous harm to an individual's health, shall

be subject to relief from criminal liability, if that person reconciled with the victim

including in a form of mediation and made good for the harm caused.

2. A person who committed a medium gravity offence may be released from criminal

liability if he reconciled with the victim or the applicant including in a form of

mediation and made good for the harm caused to the victim or the applicant.

3. A minor who for the first time committed a grave offence which did not cause

death or serious harm to a person’s health may be released from the criminal liability

by a court if that person reconciled with the victim and made good for the harm caused

to the victim. At the same time, compulsory education measures stipulated by Article 82

of this Code shall be applied upon a given minor.

4. If an offence harms the legally protected interests of the public and the

state, a person specified in the first and the second parts of this Article may be

released from criminal liability if he sincerely repents and makes amends for the harm

caused to the protected interests of the public or the state.

The provisions of this Article shall not apply to persons who have committed

crimes of corruption.

Footnote. Article 67 is in the wording of the Law of the Republic of Kazakhstan

dated 21.12.2002 No. 363; as amended by the Laws of the Republic of Kazakhstan dated

23.11.2010 No. 354-IV (shall be enforced upon expiry of ten calendar days from its first

official publication); dated 18.01.2011 No. 393-IV (shall be enforced upon expiry of ten

calendar days from its first official publication); dated 28.01.2011 No. 402-IV (shall

be enforced from 05.08.2011); dated 09.11.2011 No. 490-IV (shall be enforced upon expiry

of ten calendar days from its first official publication).

Article 68. Exemption from Criminal Liability Due to a Change in a Given

Situation 1. A person, who committed an offence containing elements of a crime, may be

exempted from criminal liability by a court, if it is recognized that, at the time of

consideration of a given case by a court, the offence committed by him ceased to be

socially dangerous as a consequence of a change in a given situation.

2. A person who committed a crime of a lesser or medium gravity for the first time

may be exempt by a court from criminal liability, if it is established that, by virtue

of subsequent irreproachable behavior, that person by the time of consideration of a

given case by a court, may not be recognized as socially dangerous.

Article 69. Exemption from Criminal Liability in Relation to the Expiration

of a Limitation Period

1. A person shall be exempt from criminal liability if from the day of the

commission of a crime, the following periods have expired:

a) two years from the commission of a crime of a lesser gravity;

b) five years from the commission of a crime of a medium gravity;

c) fifteen years from the commission of a grave crime;

d) twenty years from the commission of an especially grave crime.

2. Limitation periods shall be calculated from the day of the commission of the

offence and until the court judgment enters into legal force.

3. The running of the limitation periods shall be suspended if a person, having

committed a crime, evades criminal investigation or arraignment by a court. In this

case, the limitation period shall be resumed from the moment of detention of a person or

his surrender to the police. In this respect, a person may not be held criminally liable

if from the time of the commission of the offence the limitation period was not

interrupted and the following periods have expired:

a) ten years from the commission of a crime of a lesser gravity;

b) fifteen years from the commission of a crime of a medium gravity;

c) twenty years from the commission of a grave crime;

d) twenty five years from the commission of an especially grave crime.

4. The running of the limitation period shall be interrupted if, prior to the

expiration of the periods indicated in the first part of this Article, a person, having

committed a grave or especially grave crime, commits a new deliberate crime. In such

cases calculation of the limitation period shall start anew from the day of the

commission of that new crime. In other cases, if, prior to the expiration of the

limitation period, a person commits a crime again, the limitation period in relation to

each crime shall run independently.

5. A question on the application of the limitation period in relation to a person,

who has committed a crime for which, under this Code, he may be sentenced to the death

penalty or life imprisonment, shall be resolved by a court. If a court does not consider

it is possible to exempt a person from criminal liability due to the expiration of the

limitation period, then death penalty shall be commuted with life imprisonment, and life

imprisonment shall be commuted with the deprivation of liberty for a period of up to

twenty five years.

6. The limitation period shall not apply to persons who committed crimes against

the peace and safety of humanity, terrorist crimes or especially grave crimes against

the person, the constitutional order and state security, in the sphere of economic

activity, against public safety and public order.

Footnote. Article 69 as amended by the Law of the Republic of Kazakhstan dated

08.01.2007 No. 210; dated 10.07.2009 No. 175-IV (the order of enforcement see Art.2);

dated 08.04.2010 No. 266-IV (the order of enforcement see Art.2); dated 18.01.2011 No.

393-IV (shall be enforced upon expiry of ten calendar days from its first official

publication); dated 09.11.2011 No. 490-IV (shall be enforced upon expiry of ten calendar

days from its first official publication).

Article 70. Release on Parole from Serving Punishment 1. A person serving corrective labor, restriction in military service, restriction

of liberty or deprivation of liberty may be released on parole to serve punishment for

law-abiding behavior, conscientious attitude to work (training), and active

participation in amateur organizations and in educational activities, compensation of

damage caused by a crime and who does not need to fully serve his punishment. In this

respect, a person may be fully or partially released from enduring any additional of

punishment.

2. Persons released on parole from serving punishment in the form of imprisonment

during the remainder of the unserved part of the punishment shall have obligations,

specified in Article 178-2 of the Criminal Executive Code of the Republic of Kazakhstan.

3. Release on parole may be applied only after the actual serving by a convict of

the following:

a) Not less than one third of the term of a sentence for a crime of a lesser

gravity or of medium gravity;

b) Not less than a half of the term of a sentence for a grave crime;

c) Not less than two thirds of a sentence for an especially grave crime;

d) Not less than three quarters of a sentence for crimes stipulated by paragraphs

c), e) of the third part and the fourth part of Article 120, by paragraphs c), d) of the

third part and the fourth part of Article 121 of this Code;

e) Not less than three quarters of a term of a sentence for a crime committed by

an organized group, criminal association (criminal organization), transnational

organized group, transnational criminal community (transnational criminal organization)

or a stable armed group (gang).

4. A term of deprivation of liberty actually served by a convict may not be less

than six months.

5. A person serving life imprisonment may be released on parole, if a court

recognizes that he does not need the subsequent endurance of that punishment, and

actually served not less than twenty five years of imprisonment.

6. Supervision of the behavior of a person, who was released on parole, shall be

carried out by internal affairs bodies in the place of residence of the released, and in

relation to military servicemen, by the commanding staff of military units and

institutions.

7. If, during the remaining term of punishment is not served, a person to whom a

release on parole was applied committed:

a) repeated violation of public order for which an administrative punishment was

imposed upon him, or if a person maliciously evaded the execution of obligations imposed

upon him by Article 178-2 Criminal Executive Code of the Republic of Kazakhstan and a

court in the application of release on parole, then the court, pursuant to a proposal

from the bodies indicated in the sixth part of this Article, may pass a decision to

cancel the release on parole, and endurance of the remaining term of punishment is not

served;

b) a crime of negligence, then the question of the cancellation or retention of

release on parole shall be decided by a court when sentencing for a new offence;

c) a deliberate crime, then a court shall impose a sentence upon him in accordance

with the rules stipulated by Article 60 of this Code. Under the same rules, punishment

shall be imposed in case of commission of a crime of negligence, if a court cancels the

release on parole.

8. Release on parole shall not apply to a person in respect of whom the death

penalty was substituted with deprivation of liberty through the procedure of a pardon,

to a person who committed a deliberate crime during the period of serving the

punishment, to a person sentenced for terrorist crimes as well as to a person previously

released on parole.

Footnote. Article 70 as amended by the Laws of the Republic of Kazakhstan dated

21.12.2002 No. 363; dated 26.03.2007 No. 240 (the order of enforcement see Art.2); dated

10.07.2009 No. 177-IV (the order of enforcement see Art.2); dated 23.11.2010 No. 354-IV

(shall be enforced upon expiry of ten calendar days upon its first official

publication); dated 09.11.2011 No. 490-IV (shall be enforced upon expiry of ten calendar

days from its first official publication); dated 29.11.2011 No. 502-IV (shall be

enforced upon expiry of ten calendar days from its first official publication).

Article 71. Substitution of the Unserved Part of Punishment with a More

Lenient of Punishment

1. For a person serving deprivation of liberty for a crime of a lesser gravity,

medium gravity and grave crimes a court may substitute the remaining unserved part of

the sentence with a more lenient of punishment. In this respect, a person may be

completely or partially released from serving any additional of punishment, except for

crimes stipulated by the second and the third parts of Article 122, the second and the

third parts of Article 124 of this Code.

2. Unserved part of a punishment may be replaced with a more lenient of punishment

after the actual serving by the convict of not less than one third of the sentence for

the commission of a lesser or medium gravity crime, of a half of the sentence for grave

crimes or by a person who previously had been released on parole from serving a sentence

in the form of deprivation of liberty and committed new offences during the period of

the remaining unserved part of the sentence.

Substitution of an unserved part of punishment with a more lenient of punishment

shall not apply to persons who committed crimes as part of an organized group, criminal

association (criminal organization), transnational organized group, transnational

criminal community (transnational criminal organization) or a stable armed group (gang).

3. In case of a substitution of an unserved part of punishment, a court may select

any more lenient of punishment in accordance with thes of punishment indicated in

Article 39 of this Code, within the limits stipulated by this Code for each of

punishment.

4. Substitution of an unserved part of punishment with a more lenient of

punishment shall not apply to persons who committed terrorist crimes.

Footnote. Article 71 as amended by the Laws of the Republic of Kazakhstan dated

21.12.2002 No. 363; dated 23.11.2010 No. 354-IV (shall be enforced upon expiry of ten

calendar days from its first official publication); dated 09.11.2011 No. 490-IV (shall

be enforced upon expiry of ten calendar days from its first official publication); dated

29.11.2011 No. 502-IV (shall be enforced upon expiry of ten calendar days from its first

official publication).

Article 72. Postponement of Endurance of Punishment for Pregnant Women, Women

Having Small Children and Men Raising Small Children Alone Footnote. Title as amended by the Law of the Republic of Kazakhstan dated

18.01.2011 No. 393-IV (shall be enforced upon expiry of ten calendar days from its first

official publication).

1. For convicted pregnant women a court may postpone the service of punishment for

a period of up to one year. For convicted women having small children and men raising

small children alone a court may postpone the service of punishment for a period of up

to five years, but no longer than until the child reaches the age of fourteen.

Postponement of service of punishment shall not apply to pregnant women, women having

small children and men raising small children alone who were sentenced to deprivation of

liberty for a period of more than five years for grave and especially grave crimes

against a person.

2. In cases in which a convicted person referred to in the first part of this

Article, renounced the child, or continues evading the raising of the child, or

continues violating public order after two written warnings issued by a body which is

carrying out supervision of a given convict with regard to whom the endurance of

punishment was postponed, a court may, pursuant to a proposal from that body, cancel the

postponement and send a given convict to the place appointed in accordance with the

court's judgment for service of punishment.

3. Upon expiration of the postponement period of service of punishment or in case

of death of a child, or in case of the interruption of pregnancy, a court, depending on

the behavior of a convict, may release a convict from serving of the punishment, or

substitute the punishment with a more lenient of punishment, or pass a decision on the

sending of a given convict to the relevant institution to serve the punishment.

4. If during the period of postponement, a convict commits a new offence, a court

shall sentence him in accordance with the rules stipulated by Article 60 of this Code.

Footnote. Article 72 as amended by the Laws of the Republic of Kazakhstan dated

21.12.2002 No. 363; dated 09.12.2004 No. 10; dated 26.03.2007 No. 240 (the order of

enforcement see Art.2); dated 10.12.2009 No. 227-IV (shall be enforced on 01.01.2010);

dated 10.12.2009 No. 228-IV (the order of enforcement see Art.2); dated 18.01.2011 No.

393-IV (shall be enforced upon expiry of ten calendar days from its first official

publication); dated 09.11.2011 No. 490-IV (shall be enforced upon expiry of ten calendar

days from its first official publication).

Article 73. Release from Punishment Due to an Illness

1. A person who, after the commission of a crime, became mentally ill which

deprived him of a possibility to be aware of the actual character and social danger of

his actions (omissions) or to control them, shall be exempt by a court from punishment,

and such a person serving a sentence shall be exempt by a court from its further

endurance. Upon such persons a court may sentence compulsory measures of a medical

character stipulated by this Code.

2. A person who suffers from the other serious illness which impedes the serving

of punishment may be exempt by a court from serving punishment, or that punishment may

be substituted with a more lenient of punishment. In this case, the gravity of a

committed crime shall be taken into consideration, as well as the personality of a given

convict, the nature of his illness, and other circumstances.

3. In case of their recovery, the persons indicated in the first and second parts

of this Article may be subject to criminal liability and punishment, unless the

limitation period stipulated by Articles 69 and 75 of this Code expired.

4. Military servicemen sentenced to detention in a guard-house shall be exempt

from punishment or its further endurance in case of an illness which makes them

unsuitable for military service. An unserved part of punishment may also be substituted

for them with a more lenient of punishment.

Footnote. Article 73 as amended by the Laws of the Republic of Kazakhstan dated

10.07.2009 No. 177-IV (the order of enforcement see Art.2); dated 18.01.2011 No. 393-IV

(shall be enforced upon expiry of ten calendar days from its first official

publication).

Article 74. Release from Punishment and Postponement of Serving of Punishment

Due to Extraordinary Circumstances

1. A person convicted of a crime of a lesser gravity or of medium gravity may be

released by a court from punishment if its endurance may entail especially grave

consequences for a given convict or his family due to a fire or a natural disaster,

serious illness, or death of the only family member capable of work, as well as due to

other extraordinary circumstances.

2. For a person sentenced to deprivation of liberty for a grave or especially

grave crime, except for the persons sentenced for terrorist crimes, a court may postpone

the endurance of punishment for a period of up to three months provided that the grounds

stipulated in the first part of this Article are satisfied.

Footnote. Article 74 as amended by the Law of the Republic of Kazakhstan dated

29.11.2011 No. 502-IV (shall be enforced upon expiry of ten calendar days from its first

official publication).

Article 75. Release from Endurance of Punishment Due to the Expiration of the

Limitation Period of a Judgment of Conviction 1. A person convicted of a crime shall be released from serving the punishment if

an incriminating judgment was not enforced within the following periods, counting from

the day of its entry into legal force:

a) three years in case of conviction for a crime of lesser gravity;

b) six years in case of conviction for a crime of medium gravity;

c) ten years in case of conviction for a grave crime;

d) fifteen years in case of conviction for an especially grave crime.

2. The limitation period shall be suspended if a convict evades the endurance of

punishment. In this case, the limitation periods shall be resumed from the moment of

detention of a given person or his voluntary surrender. Limitation periods which have

expired from the moment of the convict’s evasion of the sentence shall be subject to an

offset. In this case, a judgment of conviction may not be executed if twenty five years

have expired from the moment of its rendering, and the limitation period was not

interrupted by the commission of a new crime.

3. The limitation period shall be interrupted if, prior to the expiration of the

periods indicated in the first part of this Article, a person commits a new deliberate

crime. In such cases calculation of the limitation period shall start anew from the day

of the commission of a new crime.

4. The issue of an application of the limitation period to a person sentenced to

death or life imprisonment shall be decided by a court. If a court does not consider it

is possible to apply the limitation period, the death penalty shall be substituted with

life imprisonment, and life imprisonment shall be substituted with a period of twenty

five years. The limitation periods shall not apply to persons convicted of crimes

against the peace and safety of humanity, terrorist crimes as well as especially grave

crimes against person, the constitutional order and the state security, in the sphere of

economic activity, against public safety and the public order.

Footnote. Article 75 as amended by the Laws of the Republic of Kazakhstan dated

08.04.2010 No. 266-IV (the order of enforcement see Art.2); dated 09.11.2011 No. 490-IV

(shall be enforced upon expiry of ten calendar days from its first official

publication).

Article 76. Exemption from Criminal Liability and Punishment on the Basis of

an Act of Amnesty or Pardon 1. An act of amnesty shall be issued by the Parliament of the Republic of

Kazakhstan with regard to of persons not individually defined.

2. On the basis of an act of amnesty, persons having committed crimes may be

exempt from criminal liability. Persons convicted for the commission of a crime may be

either exempt from punishment, or punishment imposed upon them may be reduced or

substituted for a more lenient of punishment, or such persons may be exempt from an

additional of punishment. An act of amnesty may remove a conviction of persons who have

served punishment or who are released from its further endurance.

An act of amnesty shall not be applied to persons who have committed grave or

especially grave crimes as well as those who have been punished for dangerous and

especially dangerous crime recidivism.

3. An act of pardon of an individually defined person, with regard to whom a

judgment of conviction came into legal force, as well as a person serving or who has

served in the territory of the Republic of Kazakhstan a sentence imposed by a court of a

foreign state, shall be issued by the President of the Republic of Kazakhstan.

4. In case of a pardon, a person having been sentenced for a crime may be exempt

from further endurance of punishment, or punishment imposed upon him may be reduced or

substituted for a more lenient of punishment or a given person may be exempt from

additionals of punishment. An act of pardon may remove sentence for a person having

served his punishment or having been released from its further endurance.

Footnote. Article 76 as amended by the Laws of the Republic of Kazakhstan dated

08.01.2007 No. 210; dated 18.01.2011 No. 393-IV (shall be enforced upon expiry of ten

calendar days from its first official publication).

Article 77. A Conviction

1. A person convicted for the commission of a crime shall be considered convicted

from the day the judgment of the court enters into legal force until the moment of

exculpation or removal of a conviction. In accordance with this Code, a conviction shall

be taken into consideration in case of crime recidivism and when imposing a sentence.

2. A person exempt from punishment shall be recognized as not having a conviction.

3. A conviction shall be exculpated in the following circumstances:

a) In relation to persons sentenced to a suspended sentence, upon the expiration

of their probationary period;

b) In relation to military servicemen who served punishment in the form of

restriction of military service, or detention in a guard-house, upon the actual

endurance of punishment;

c) In relation to persons sentenced to more lenients of punishment than

deprivation of liberty, upon the expiration of one year after the endurance of

punishment;

d) In relation to persons sentenced to deprivation of liberty for a crime of a

lesser or medium gravity, upon the expiration of three years after the endurance of

punishment;

e) In relation to persons sentenced to deprivation of liberty for grave crimes,

upon the expiration of six years after the endurance of punishment;

f) In relation to persons sentenced for especially grave crimes, upon the

expiration of eight years after the endurance of punishment.

4. If, in accordance with the procedure established by law, a convict was exempt

from the endurance of punishment or an unserved part was substituted for a more lenient

of punishment, then the period of exculpation of a conviction shall be calculated based

on the actually served term of punishment from the moment of release from the endurance

of the main and additionals of punishment.

4-1. If, in addition to the main sentence a person was sentenced by a court to an

additional of punishment, then the period of exculpation of a conviction shall be

calculated from the moment of endurance of the main and additionals of punishment.

4-2. In case of a conviction of a person for cumulative crimes or cumulative

sentences for crimes relating to different degrees of gravity, the convictions shall be

exculpated for every crime independently, in this respect the period of exculpation

shall be calculated from the moment of endurance of punishments for cumulative crimes or

cumulative sentences.

5. If a convict after the endurance of punishment behaved without reproach, then,

pursuant to his petition, a court may remove a conviction from him prior to the

expiration of the period for its exculpation.

This provision shall not apply to persons sentenced to imprisonment for grave or

especially grave crimes and who have been sentenced for dangerous or especially

dangerous recidivism.

6. If, prior to the expiration of the term of exculpation of his conviction, a

given convict committed a new offence, then the period after which a given conviction is

to be exculpated, shall be interrupted. A period of exculpation of a conviction under

the first crime shall be calculated anew after the actual endurance of the main and

additional punishment for the last crime. In these cases a person shall be considered

convicted of both crimes prior to the expiration of the period for exculpation of a

conviction for the gravest of the crimes.

7. Exculpation or removal of a conviction shall cancel all legal consequences

associated with a conviction.

Footnote. Article 77 as amended by the Laws of the Republic of Kazakhstan dated

08.01.2007 No. 210; dated 10.07.2009 No. 177-IV (the order of enforcement see Art.2);

dated 10.12.2009 No. 227-IV (shall be enforced from 01.01.2010); dated 18.01.2011 No.

393-IV (shall be enforced upon expiry of ten calendar days upon its first official

publication); dated 09.11.2011 No. 490-IV (shall be enforced upon expiry of ten calendar

days upon its first official publication).

Section VI. Criminal Liability of Minors

Article 78. Criminal Liability of Minors

1. Minors, to whom the provisions of this Section apply, shall be considered as

persons who, by the time of the commission of a crime, reached fourteen years of age,

but did not reach eighteen years of age.

2. Minors having committed crimes may be sentenced to banishment, or compulsory

educational measures may be applied to them.

Footnote. Article 78 as amended by the Law of the Republic of Kazakhstan dated

05.05.2000 No. 47

Article 79.s of Punishment Imposed upon Minors

1.s of punishment imposed upon minors shall be as follows:

a) A fine;

b) Deprivation of the right to engage in certain activity;

c) Engagement in community service:

d) Corrective labor;

d-1) Restriction of liberty;

e) (Is excluded)

f) Deprivation of liberty.

2. A fine shall be imposed only on the condition that a minor convict has an

independent salary or property against which a claim may be brought. A fine shall be

imposed in an amount between ten and five hundred monthly calculation indices.

3. Deprivation of the right to engage in certains of activities shall be imposed

upon minors for a period of one year up to two years.

4. Engagement in community service shall be imposed for a period from forty up to

one hundred and sixty hours, and it shall consist of the performance of work which is

within the powers of a given minor, and it shall be performed by him during the time he

has free from studies or his main job. The duration of this of punishment for persons

under sixteen years of age may not exceed two hours a day, and in relation to persons

from sixteen to eighteen years of age - three hours a day.

5. Corrective labor shall be imposed upon convicted minors who reached sixteen

years of age from the moment of passing a judgment by a court, for a period of up to one

year.

5-1. Restriction of liberty shall be imposed on minors for a period from one year

to two years.

6.(is excluded)

7. Deprivation of liberty of a minor may be imposed for a period not more than ten

years and for a murder with aggravating circumstances or based on a combination of

crimes, where one is a murder with aggravating circumstances - for a period of twelve

years. Deprivation of liberty shall not be imposed on minors who committed a crime of

lesser gravity or for the first time committed crimes of medium gravity.

8. Deprivation of liberty shall be served by convicted minors as follows:

a) By male minors, convicted for the first time and sentenced to deprivation of

liberty, as well as by female minors, in educational settlements of a general regime;

b) By male minors who earlier served deprivation of liberty, in educational

settlements of a reinforced regime.

9. Depending on the nature and degree of a social danger, the personality of a

given convict, and other circumstances of a given case, a court, with an indication of

the reasons for an adopted judgment, may sentence a convicted male minor to deprivation

of liberty in an educational colony of a general regime.

10. A court may issue an instruction to the body which executes punishment, when

dealing with a given convicted minor, to take into account certain characteristics of

his personality.

Footnote. Article 79 as amended by the Laws of the Republic of Kazakhstan dated

05.05.2000 No. 47; dated 21.12.2004 No. 363; dated 09.12.2004 No. 10; dated 18.01.2011

No. 393-IV (shall be enforced upon expiry of ten calendar days after its first official

publication); dated 09.11.2011 No. 490-IV (shall be enforced upon expiry of ten calendar

days after its first official publication).

Article 80. Sentencing Punishment upon a Minor

1. When imposing a sentence upon a minor, aside from circumstances stipulated by

Article 52 of this Code, his personal and educational circumstances shall be taken into

consideration, along with the level of his mental development, and other special

characteristics of his personality, as well as any influence upon him of persons older

than him.

2. The age of a minor shall be taken into consideration as a mitigating

circumstance together with other mitigating and aggravating circumstances.

Article 81. Release of Minors from a Criminal Responsibility and a Punishment

1. A minor who committed a crime of a lesser gravity or committed a crime of a

medium gravity for the first time may be released by the court from criminal

responsibility if it is established that his correction is possible without criminal

prosecution. In this case, he may have to comply with compulsory measures of educational

influence stipulated by Article 82 of this Code.

2. A minor convicted of a crime of a lesser or medium gravity for the first time

may be released by the court from the punishment if it is recognized that his correction

can be achieved by application of compulsory measures of educational influence

stipulated by Article 82 of this Code.

3. A minor convicted of a grave crime not associated with causing death or serious

harm to human health for the first time may be released by the court from the punishment

in cases stipulated by the third part of Article 67 of this Code.

Footnote. Article 81 is in the wording of the Law of the Republic of Kazakhstan

dated 09.12.2004 No. 10; as amended by the Law of the Republic of Kazakhstan dated

23.11.2010 No. 354-IV (shall be enforced upon expiry of ten calendar days after its

first official publication).

Article 82. Compulsory Measures of Educational Character 1. A court may impose upon a minor the following compulsory measures of

educational character:

a) Warning;

b) Transfer under supervision of parents or persons substituting for them, or the

supervision of a specialist state body;

c) Imposition of an obligation to make amends for the damage inflicted;

d) Restriction of leisure and imposition of other requirements on the behavior of

a minor;

e) Placement in a special educational institution;

f) Imposition of obligations to offer an apology to the victim.

2. Several compulsory measures of an educational character may be imposed upon a

minor simultaneously.

Footnote. Article 82 as amended by the Law of the Republic of Kazakhstan dated

23.11.2010 No. 354-IV (shall be enforced upon expiry of ten calendar days after its

first official publication).

Article 83. The Content and terms of Compulsory Measures of Educational

Character Footnote. Title of Article 83 is in the wording of the Law of the Republic of

Kazakhstan dated 23.11.2010 No. 354-IV (shall be enforced upon expiry of ten calendar

days after its first official publication).

1. A warning shall consist of an explanation to a minor of the damage inflicted by

his offence, and the consequences of repeated commission of crimes stipulated by this

Code.

2. Transfer under supervision shall consist of the imposition upon parents or

persons substituting for them, or upon a specialized state body, of an obligation to

have an educational influence on a minor and supervision of his behavior.

3. An obligation to make up for the inflicted damage shall be imposed subject to

the property status of a given minor and his possession of the relevant work skills.

4. Restriction of leisure and establishment of special requirements upon the

behavior of a minor may include a prohibition on visiting certain places, on the use of

certain forms of leisure, including those associated with operating a mechanical

transportation vehicle, as well as a restriction on staying outside the home after a

certain time of day, and exit to other locations without the permission of the

specialized state body. A minor may also be subject to requirement to return to an

educational institution, to continue or finish education, or to find a job with the help

of the specialized state body. This list is not comprehensive.

5. Placement in a special educational institution for a period between six months

and up to two years may be imposed by a court upon a minor who committed a deliberate

crime of medium gravity or a grave crime. Staying in the said institutions may be

terminated ahead of time due to the reaching by a person of the age of majority, as well

as if, on the basis of a report from the specialized state body providing the

correction, a court comes to the conclusion that a given minor does not need the

application of this measure for his rehabilitation.

6. Extension of the stay in a special educational institution for minors after the

expiration of a period stipulated by the fifth part of this Article shall be permitted

only if it is necessary for a given minor to complete secondary education or

professional training, but not longer than until he reaches the age of majority.

7. The procedure and conditions of staying of minors in special educational

institutions shall be defined by the legislation of the Republic of Kazakhstan.

8. A minor shall give his personal apology to the victim for inflicting harm.

9. The period of compulsory measures of educational character stipulated by

paragraphs b) and d) of the first part of Article 82 of this Code shall be imposed for a

period of six months up to one year for commission of a crime of lesser gravity, from

one year up to two years - for commission of a crime of medium gravity and from two up

to three years - for commission of a grave crime.

10. In the event of the minor’s systematic failure to fulfill compulsory measures

of educational character, the measure, upon the petition of the specialized state body,

shall be cancelled by a court and the material shall be sent to criminal prosecutors

unless the expiration of the limitation period established by the first part of Article

69 of this Code applies.

Footnote. Article 83 as amended by the Law of the Republic of Kazakhstan dated

23.11.2010 No. 354-IV (shall be enforced upon expiry of ten calendar days after its

first official publication).

Article 84. Release on Parole of Minors from Serving Punishment

Release on parole may be granted to persons sentenced to deprivation of liberty,

limitation of liberty or corrective labor for the commission of a crime at a minor age

after having served the following:

a) Not less than one fourth of the term of punishment imposed by a court for a

crime of lesser or medium gravity;

b) Not less than one third of the term of punishment imposed by a court for a

grave crime;

c) Not less than half of the term imposed by a court for an especially grave crime

not connected with the making an attempt on the life of a human;

d) Not less than two thirds of the punishment imposed by the court for an

especially grave crime relating to an attempt on a person’s life.

Footnote. Article 84 as amended by the Laws of the Republic of Kazakhstan dated

09.12.2004 No. 10; dated 09.11.2011 No. 490-IV (shall be enforced upon expiry of ten

calendar days after its first official publication).

Article 85. Limitation Periods

In case of exemption of minors from criminal liability or endurance of punishment,

limitation periods stipulated by Articles 69 and 75 of this Code shall be reduced by

half.

Article 86. Period of Exculpation of a Conviction

For persons having committed a crime before reaching the age of eighteen, the

periods of exculpation of a conviction stipulated by Article 77 of this Code shall be

reduced, and shall be equal respectively to the following:

a) four months after the endurance of more lenients of punishment than deprivation

of liberty;

b) one year after the endurance of deprivation of liberty for a crime of lesser or

medium gravity;

c) three years after the endurance of deprivation of liberty for a grave or

especially grave crime.

Article 87. Application of the Provisions of the This Section to Persons Aged

from Eighteen to Twenty One Years

Footnote. Title of Article 87 is in the wording of the Law of the Republic of

Kazakhstan dated 23.11.2010 No. 354-IV (shall be enforced upon expiry of ten calendar

days after its first official publication).

In exceptional cases, subject to the nature of a committed offence and the

personality of a convict, a court may apply the provisions of this section to persons

having committed a crime at an age from eighteen to twenty one years, except placing

them in a special educational institution.

Footnote. Article 87 as amended by the Law of the Republic of Kazakhstan dated

23.11.2010 No. 354-IV (shall be enforced upon expiry of ten calendar days after its

first official publication).

Section VII. Compulsory Measures of Medical Character

Article 88. The Grounds for Applying Compulsory Measures of Medical Character

1. Compulsory measures of medical character may be imposed by a court on the

following persons:

a) Those who in a state of insanity committed offences stipulated by the articles

of the Special Part of this Code;

b) Those who after the commission of a crime, developed a mental disorder which

made it impossible to sentence them or for them to endure punishment;

c) Those who committed a crime and suffer from mental disorders, but have not been

found to be insane;

d) Those who committed a crime and are recognized as needing treatment for

alcoholism or drug addiction, or addiction to toxic chemicals.

2. For persons indicated in the first part of this Article, compulsory measures of

a medical character shall be imposed only in cases in which mental disorders are

associated with a possibility of causing by those persons other considerable damage, or

to be a danger to themselves or other persons.

3. The procedure for execution of compulsory measures of a medical nature shall be

defined by the Criminal Executor Code and the legislation of the Republic of Kazakhstan

on health protection.

4. In relation to the persons indicated in the first part of this Article and who

do not present a danger in their mental state, a court may transfer necessary materials

to health protection bodies for resolving the issue of treatment of those persons, or

their transfer to psycho-neurological institutions, through the procedure stipulated by

the legislation of the Republic of Kazakhstan on health protection.

Footnote. Article 88 as amended by the Law of the Republic of Kazakhstan dated

09.11.2011 No. 490-IV (shall be enforced upon expiry of ten calendar days after its

first official publication).

Article 89. The Rationale for Applying Compulsory Measures of a Medical

Character

Treatment of persons indicated in the first part of Article 88 of this Code, or

improvement of their mental state, is the rationale behind the application of compulsory

measures of a medical character, as well as the prevention of the commission by them of

further offences stipulated by the articles of the Special Part of the this Code.

Article 90.s of Compulsory Measures of Medical Character

1. A court may establish the followings of compulsory measures of medical

character:

a) Outpatient compulsory observation and treatment by a psychiatrist;

b) Compulsory treatment in a psychiatric inpatient hospital of a general;

c) Compulsory treatment in a psychiatric inpatient hospital of a specialized;

d) Compulsory treatment in a psychiatric inpatient hospital of a specialized with

intensive observation.

2. For persons convicted for crimes committed in a state of sanity, but who need

treatment of alcoholism, drug addiction (addition to toxic chemicals), or treatment of

mental disorders not excluding sanity, a court, along with punishment, may establish

compulsory measures of a medical charactering the form of outpatient compulsory

observation and treatment by a psychiatrist.

Article 91. Outpatient Compulsory Observation and Treatment by a Psychiatrist Outpatient compulsory observation and treatment by a psychiatrist may be imposed

upon the existence of the grounds stipulated by Article 88 of this Code, if a person due

to his mental state, does not need placement in an inpatient psychiatric hospital.

Article 92. Compulsory Treatment in an Inpatient Psychiatric Hospital 1. Compulsory treatment in an inpatient psychiatric hospital may be imposed upon

the existence of the grounds stipulated by Article 88 of this Code, if the nature of a

person's mental disorder requires such conditions of treatment, care, maintenance, and

observation, which may be carried out only in an inpatient psychiatric hospital.

2. Compulsory treatment in an inpatient psychiatric hospital of a general may be

imposed upon a person who, due to his mental state, and the nature of the committed

offence which was dangerous to society, needs inpatient hospital treatment and

observation, but does not need intensive observation.

3. Compulsory treatment in an inpatient psychiatric hospital of a specialized may

be imposed upon a person who, due to his mental state and the nature of the committed

offence which was dangerous to society, needs permanent observation.

4. Compulsory treatment in an inpatient psychiatric hospital of a specialized with

intensive observation may be imposed upon a person who, due to his mental state and the

character of the committed offence which was dangerous to society, presents a special

danger to himself or other persons, and requires permanent and intensive observation.

Article 93. Extension, Change, and Termination of the Application of

Compulsory Measures of Medical Character

1. Extension, change, or termination of the application of compulsory measures of

medical character shall be carried out by a court, pursuant to a proposal from the

administration of a given institution carrying out compulsory treatment, on the basis of

a report of a commission of psychiatrists.

2. A person upon whom a compulsory measure of medical character is imposed shall

be subject to assessment by a commission of psychiatrists not less frequently than once

every six months in order to decide on whether there are grounds to submit a proposal to

a court to terminate or change of such a measure. In the absence of any grounds for the

termination of the application, or the changing of a compulsory measure of medical

character, the administration of a given institution carrying out compulsory treatment

shall submit to a court a report on the extension of compulsory treatment. The first

extension of compulsory treatment may be carried out upon the expiration of six months

from the moment of the beginning of treatment, and a subsequent extension of compulsory

treatment shall be carried out annually.

3. Changing or terminating a compulsory measure of a medical nature shall be

carried out by a court in case there is such a change in the mental state of a given

person, that the need no longer exists to apply the earlier imposed measure, or the need

arises from the application of another compulsory measure of medical character.

4. In case of termination of the application of compulsory treatment in an

inpatient psychiatric hospital, a court may transfer the necessary materials with regard

to a person who was undergoing compulsory treatment to the health protection bodies in

order to decide the issue of his treatment or transfer to a psycho-neurological

institution in accordance with the procedure stipulated by the legislation of the

Republic of Kazakhstan on health protection.

Footnote. Article 93 as amended by the Law of the Republic of Kazakhstan dated

09.11.2011 No. 490-IV (shall be enforced upon expiry of ten calendar days after its

first official publication).

Article 94. Sentencing after the Application of Compulsory Measures of

Medical Character 1. A person who, after the commission of a crime or during the serving of

punishment, fell ill with a mental disorder which deprived him of the capability to be

aware of his actions or to control them, may be sentenced by a court after the end of

his treatment if the limitation periods did not expire, or if there are no grounds for

him to be exempt from criminal liability and punishment.

2. In case a person who fell ill with a mental disorder recovers after the

commission of a crime, when sentencing him or resuming the running of the sentence, the

time during which compulsory treatment in an inpatient psychiatric hospital was applied

to a given person shall be offset from the term of punishment on the basis of one day of

staying in an inpatient psychiatric hospital for one day of deprivation of liberty.

Article 95. Compulsory Measures of Medical Character Combined with the

Endurance of Punishment 1. In cases stipulated by paragraph c) of the first part of Article 88 of the

Code, compulsory measures of medical character shall take place in the place of

imprisonment, and with regard to those sentenced to others of punishment, in the

institutions of the health protection bodies which render outpatient psychiatric

assistance.

1-1. In cases stipulated by paragraph c) of the first part of Article 88 of the

Code, compulsory measures of medical character shall take place in the place of

imprisonment, and in relation to those sentenced to others of punishment, in the

institutions of the health protection bodies.

2. In case of a change in the mental state of a convict which requires inpatient

treatment, the placement of a given convict to an inpatient psychiatric hospital or

other medical institution shall be carried out through the procedure and on the bases

stipulated by the legislation of the Republic of Kazakhstan on health protection.

3. The time spent in said institutions shall be offset from the term of

punishment. In case it is unnecessary to further treat a convict in said institutions,

release from them shall be carried out in accordance with the procedure stipulated by

the legislation of the Republic of Kazakhstan on health protection.

4. Termination of the application of a compulsory measure of medical character

combined with the endurance of punishment shall be carried out by a court, pursuant to a

proposal from the body executing punishment, on the basis of a report from a commission

of psychiatrists.

Footnote. Article 95 as amended by the Laws of the Republic of Kazakhstan dated

05.05.2000 No. 47; dated 09.11.2011 No. 490-IV (shall be enforced upon expiry of ten

calendar days after its first official publication).

SPECIAL PART

Chapter 1. Offences against the person

Article 96. Murder 1. Murder, as the illegal intentional homicide of a person is punishable by

deprivation of liberty for a period from 6 up to15 years.

2. Murder:

?) of 2 or more persons;

b) of a person or his relatives in the course of that person’s employment or the

performance of a professional or a social duty;

c) of a person who known to the convict was in a vulnerable state of mind, equally

inherent with kidnapping;

d) of a woman who known to the convict was pregnant;

e) committed with particular cruelty;

f) committed in a manner, endangering the lives of many people;

g) committed by a group of persons, a group of persons who conspired together or

by an organized group;

h) committed with mercenary motives, equally with assassination either connected

with a robbery with extreme violence, blackmailing offences or banditry;

i) committed with hooligan motives;

m) committed with a purpose to conceal another crime or in order to appease the

commitment, equally connected with rape or sexual harassment;

n) with a motive of a social, national, racial, religious hatred, either evil

will, or with blood vengeance;

o) committed with a purpose to use organs or tissues of an injured person;

p) committed more than once;

q) against a minor,

is punished by the deprivation of liberty for a period from 10 to 20 years with

confiscation of property or without it, or with life imprisonment, with confiscation of

property or without it.

Footnote. Article 96 as amended by the Laws of the Republic of Kazakhstan dated

05.05.2000 No. 47; dated 10.07.2009 No. 175-IV (the order of enforcement see Art.2);

dated 10.12.2009 No. 227-IV (shall be enforced from 01.01.2010); dated 23.11.2010 No.

354-IV (shall be enforced upon expiry of ten calendar days after its first official

publication).

Article 97. The Killing by a mother of her newborn child The Killing by a mother of her newborn child both during the childbirth and during

the subsequent period, committed in the circumstances of a psycho-traumatic situation or

in a state of a mental insanity, not excluding criminal sanity is punished with the

restraint of liberty for a period up to 4 years or with the deprivation of liberty for

the same period of time.

Article 98. Crime of Passion

1. Murder committed in a state of a strong sudden mental disturbance (temporary

insanity), caused by an act of force, mockery, either by a great insult or other

malpractice and immoral actions (omissions) of an injured person, equally lasting

psycho-traumatic situation, as a result of the systematic, illegal and immoral behavior

of an injured person is punished with the restraint of liberty for a period of 3 years

or with the deprivation of liberty for a period of 3 years.

2. Mass-killing of two or more persons, committed in the circumstances specified

in the first part of the present article is punished with the deprivation of liberty for

a period up to 5 years.

Footnote. Article 98 as amended by the Law of the Republic of Kazakhstan dated

18.01.2011 No. 393-IV (shall be enforced upon expiry of ten calendar days after its

first official publication).

Article 99. Homicide as a result of exceeding limits of necessary Self-

Defense Homicide as a result of exceeding limits of necessary self-defense is punished

with the restraint of liberty for a period of 2 years or with the deprivation of liberty

for the same period of time.

Article 100. Homicide committed in excess of the measures needed for the

Detention of a Person who has committed a Crime

Homicide committed as a result of exceeding the measures needed for the detention

of a person who has committed a crime is punished with the restraint of liberty for a

period up to 3 years or with the deprivation of liberty for the same period of time.

Article 101. Causing Death by Negligence

Causing death by negligence:

1. Is punished with the restraint of liberty for a period of 3 years or with the

deprivation of liberty for the same period of time.

2. Causing death by Negligence to 2 or more persons is punished with the restraint

of liberty for a period up to 5 years or with the deprivation of liberty for the same

period of time.

Article 102. The Incitement to Suicide

1. Incitement to Suicide or an attempt to commit suicide by means of intimidation,

abusive treatment or a systematic abasement of human dignity of an injured person is

punished with the restraint of liberty for a period up to 3 years or with the

deprivation of liberty for the same period of time

2. The same deed committed with regard to a person, who was either in material or

other dependence on a guilty party is punished with the restraint of liberty for a

period up to 5 years or with the deprivation of liberty for the same period of time

Article 103. Deliberate Infliction of serious harm to health 1. A deliberate infliction of serious harm to health, dangerous for the life of a

person that results in a loss of vision, speech, sense of hearing, any other organs or

the functional loss of an organ, or causing indelible facial disfiguration, other bodily

injury, dangerous for a life or causing an impairment of health, connected with the

considerable persistent loss of general occupational capacity of no less than one third

or consciously committed by a liable person’s total loss of occupational capacity, or an

interruption of pregnancy, mental insanity, drug-addiction or toxic mania is punished

with the restraint of liberty for a period from 3 up to 7 years or with the deprivation

of liberty for the same period of time

2. If the same offence is committed:

a) in relation to 2 or more persons;

b) in relation to a person or his relatives owing to the implementation of that

person’s employment activity or the performance of professional or a social duty;

c) in relation to a person in a helpless state known to a liable party, equally

applicable to kidnapping or hostage taking;

d) with a particular cruelty;

e) by a group of persons with pre-planning or by an organized group;

f) in terms of a hire;

g) with hooligan motives;

h) with a motive of a social, national, racial, religious hatred, either evil

will, or with blood vengeance;

i) with an intention to use organs or tissues of an injured person;

j) more than once;

k) on a minor,

it is punished with the deprivation of liberty for a period from 4 up to 8 years.

3. The offences stipulated by the first and second parts of the present article,

negligently causing death of an injured person are punished with the deprivation of

liberty for a period from 5 up to 10 years.

Footnote. Article 103 as amended by the Laws of the Republic of Kazakhstan dated

10.12.2009 No. 227-IV (shall be enforced from 01.01.2010); dated 23.11.2010 No. 354-IV

(shall be enforced upon expiry of ten calendar days after its first official

publication); dated 18.01.2011 No. 393-IV (shall be enforced upon expiry of ten calendar

days after its first official publication); dated 09.11.2011 No. 490-IV (shall be

enforced upon expiry of ten calendar days after its first official publication).

Article 104. An Intended infliction of medium gravity harm to health

1 Intentional infliction of medium gravity harm to health specified in article 103

of this Code that is not dangerous to the life of a person without entailing

consequences, but caused a lasting impairment of health or considerable persistent loss

of general occupational capacity of no less than one third, is punished with the

restraint of liberty for a period up to 3 years or with the deprivation of liberty for a

period up to 2 years.

2. If the same offence is committed:

a) against 2 or more persons;

b) against a person or his relatives in the course of that person’s employment

activity or the performance of professional or a social duty;

c) with particular cruelty, against a person who, known to the guilty party, was

in a vulnerable mental state;

d) by an organized group;

e) with hooligan motives;

f) with a motive of a social, national, racial, religious hatred, either evil

will, or with blood vengeance;

g) more than once;

h) against a minor is punishable with the restraint of liberty for a period up to

3 years or with the deprivation of liberty for the same period of time.

Footnote. Article 104 as amended by the Laws of the Republic of Kazakhstan dated

09.12.2004 No. 10; dated 10.12.2009 No. 227-IV (shall be enforced from 01.01.2010);

dated 23.11.2010 No. 354-IV (shall be enforced upon expiry of ten calendar days after

its first official publication); dated 18.01.2011 No. 393-IV (shall be enforced upon

expiry of ten calendar days after its first official publication).

Article 105. An Intended infliction of light gravity harm to health Footnote. Article 105 is excluded by the Law of the Republic of Kazakhstan dated

18.01.2011 No. 393-IV (shall be enforced upon expiry of ten calendar days after its

first official publication).

Article 106. Is excluded by the Law of the Republic of Kazakhstan dated

09.12.2004 No. 10

Article 107. Torture

1. Infliction of physical and mental suffering by means of systematic harassment

or other violent actions, if it didn’t entail consequences stipulated by the articles

103 and 104 of this Code, is punishable by a fine ranging from 50 to 100 monthly

calculation indices or with the restraint of liberty for a period up to 2 years, or with

corrective labor for a period up to 2 years, or with deprivation of liberty for the same

period of time.

2. If the same offence is committed:

a) against a juvenile person or a person who, known to the guilty party, was in a

vulnerable mental state, or who was either in material or other dependence on the liable

party, equal to a person kidnapped or taken hostage;

b) against 2 or more persons;

c) against a woman who known to the guilty party was pregnant;

d) with investigative torture;

e) in terms of a hire;

f) with a motive of a social, national, racial, religious hatred, either evil

will, or with blood vengeance is punishable with restraint of liberty for a period of 5

years or with deprivation of liberty for a period from 3 up to 7 years.

Footnote. Article 107 as amended by the Law of the Republic of Kazakhstan dated

18.01.2011 No. 393-IV (shall be enforced upon expiry of ten calendar days after its

first official publication).

Article 108. The Infliction of harm to health in the heat of passion A deliberate infliction of serious harm to health, committed in a state of strong

sudden mental disturbance (temporary insanity), provoked by violence, mockery, by a

great insult or other malpractice and immoral actions (or omissions) of an injured

person, equally lasting psycho-traumatic situation, emerged as a result of the Illegal

and immoral behavior of an injured person is punishable by a fine ranging from 100 to

200 monthly calculation indices or, or with the corrective labor for a period of up to 2

years, or with the restraint of liberty for a period up to 2 years.

Footnote. Article 108 is in the wording of the Law of the Republic of Kazakhstan

dated 09.12.2004 No. 10; as amended by the Law dated 18.01.2011 No. 393-IV (shall be

enforced upon expiry of ten calendar days after its first official publication).

Article 109. The Infliction of serious harm to health when exceeding the

limits of necessary defense The Infliction of serious harm to health when exceeding the limits of necessary

defense is punished with the deprivation of liberty for a period up to 1 year or with

the deprivation of liberty for the same period of time.

Article 110. The Infliction of serious harm to health when detaining a person

who has committed a crime

The infliction of serious harm to health when detaining a person, who has

committed a crime, is punishable with the restriction of liberty for a period up to 2

years or with the deprivation of liberty for the same period of time.

Article 111.Incautious infliction of harm to health 1. Incautious Infliction of harm to health is punishable by a fine ranging from

100 to 200 monthly calculation indices, or by community service for a period from 180 to

240 hours, or with the restraint of liberty for a period up to 2 years.

2. Incautious infliction of harm to health to 2 or more persons is punishable with

the restraint of liberty for a period up to 4 years or with the deprivation of liberty

for a period up to 2 years.

3.(Is excluded)

4. Incautious infliction of medium gravity harm to health to 2 or more persons is

punishable by a fine ranging from 50 to 200 monthly calculation indices, or by community

service for a period from 100 to 200 hours, or with the restraint of liberty for a

period up to 2 years.

Footnote. Article 111 as amended by the Laws of the Republic of Kazakhstan dated

21.12.2002 No. 363; dated 09.12.2004 No. 10; dated 18.01.2011 No. 393-IV (shall be

enforced upon expiry of ten calendar days after its first official publication); dated

09.11.2011 No. 490-IV (shall be enforced upon expiry of ten calendar days after its

first official publication).

Article 112. Threats

Threats to kill or inflict serious harm to health, or another grave violence

against a person or to damage property by arson, explosion, or by any other dangerous

method giving reasonable grounds to fear that this threat would be carried out, is

punishable by a fine ranging from 100 to 200 monthly calculation indices or with the

restraint of liberty for a period up to 2 years.

Footnote. Article 112 as amended by the Law of the Republic of Kazakhstan dated

18.01.2011 No. 393-IV (shall be enforced upon expiry of ten calendar days after its

first official publication).

Article 113. To force another to remove or the illegal removal of human

organs and tissue

1. To force another to remove or the illegal removal of human organs and tissue

for transplantation or any other use, and equally a commission on the illegal

transactions relating to human organs and tissue are punishable by deprivation of

liberty for a period up to 5 years with the deprivation of the right to hold specific

posts or to practice a specific profession for a period up to 3 years or without it.

2. The same offences, if committed:

a) against a person who the guilty party knew was in a vulnerable state;

b) against a minor;

c) against 2 or more persons;

d) by a group of persons with pre-planning or an organized group;

e) more than once;

f) with the use of weapons or items used as weapons;

g) in relation to a woman who the guilty party knew was pregnant;

h) by false pretenses or abuse of trust;

i) exploiting his official position;

j) exploiting the material or other dependence of an injured person are punished

with the deprivation of liberty for a period from five to seven years, with the

deprivation of right to hold specific posts or to practice a specific activity for a

period up to three years or without it.

3. The offences specified in the first or the second parts of the present article

which as a result of negligence caused death of an injured person or other grave

consequences are punished with the deprivation of liberty for a period from seven to ten

years with the deprivation of the right to hold specific posts or to practice a specific

activity for a period up to three years or without it.

Footnote. Article 113 is in the wording of the Law of the Republic of Kazakhstan

dated March 2, 2006 No. 131.

Article 114. Poor performance of professional duties by medical and

pharmaceutical workers

1. Poor performance of professional duties by medical and pharmaceutical workers

as a consequence of negligent and unconscientiously attitude to it, if that action

resulted in infliction of medium gravity harm to a person’s health is punished by a fine

ranging from one hundred to two hundred monthly calculation indices or with the

deprivation of right to hold specific posts or to practice a specific activity for a

period up to two years, or with the restraint of liberty for a period up to one year.

2. The same offence, that resulted in the infliction of serious harm to health is

punished by a fine ranging from two hundred to five hundred monthly calculation indices

or with the restraint of liberty for a period up to two years with the deprivation of

the right to hold specific posts or to practice a specific activity for a period up to

three years.

3. The offences specified by the first or the second parts of the present article,

committed by an office holder are punished by a fine ranging from three hundred to one

thousand monthly calculation indices or with the restraint of liberty for a period up to

three years with the deprivation of the right to hold specific posts or to practice a

specific activity for a period up to three years.

4. The offences specified by the first or the second parts of the present article

that resulted in death of a person are punished with the restraint of liberty for a

period up to two years with the deprivation of liberty for the same period of time with

the deprivation of the right to hold specific posts or to practice a specific activity

for a period up to three years.

5. The Offences specified by the fourth part of the present article, committed by

an office holder are punished with the restraint of liberty for a period up to three

years or with the deprivation of liberty for the same period of time with a fine ranging

from fifty to two hundred monthly calculation indices with the deprivation of the right

to hold specific posts or to practice a specific activity for a period up to three

years.

Footnote. Article 114 is in the wording of the Law of the Republic of Kazakhstan

dated 07.07.2006 No. 171 (the order of enforcement see Art. 2); as amended by the Laws

of the Republic of Kazakhstan dated 18.01.2011 No. 393-IV (shall be enforced upon expiry

of ten calendar days after its first official publication); dated 09.11.2011 No. 490-IV

(shall be enforced upon expiry of ten calendar days after its first official

publication).

Article 114-1. Breach of order of clinical experimentation and application of

methods and preventive means, diagnostics, treatment and medical rehabilitation

Footnote. Title of Article 114-1 as amended by the Law of the Republic of

Kazakhstan dated 16.07.2009 No. 186-IV.

1. Breach of order of clinical experimentation and application of methods and

preventive means, diagnostics, treatment and medical rehabilitation by a medical worker

is punished by a fine ranging from three hundred to one thousand monthly calculation

indices or with the restraint of liberty for a period up to two years, or with the

deprivation of liberty for the same period of time with the deprivation of right to hold

specific posts or to practice a specific activity for a period up to three years.

2. The same offence, committed by an office holder is punished with a restraint of

liberty for a period up to three years or with the deprivation of liberty for the same

period with a fine ranging from fifty to two hundred monthly calculation indices with

the deprivation of the right to hold specific posts or to practice a specific activity

for a period up to three years.

Footnote. The Chapter is supplemented by Article 114-1 by the Law of the Republic

of Kazakhstan dated 07.07.2006 No. 171 (the order of enforcement see Art. 2); as amended

by the Laws of the Republic of Kazakhstan dated 16.07.2009 No. 186-IV; dated 18.01.2011

No. 393-IV (shall be enforced upon expiry of ten calendar days after its first official

publication).

Article 115. Infection with venereal diseases

Infection of another person with a venereal disease that resulted in grave

consequences or infection of two or more persons or an obviously juvenile by a person

that knew he had the disease are punished by a fine ranging from five hundred to one

thousand monthly calculation indices or with the deprivation of liberty for a term of up

to two years.

Footnote. Article 115 is in the wording of the Law of the Republic of Kazakhstan

dated 09.12.2004 No. 10; as amended by the Law of the Republic of Kazakhstan dated

18.01.2011 No. 393-IV (shall be enforced upon expiry of ten calendar days after its

first official publication).

Article 116. Infection with Human Immunodeficiency Virus (HIV/AIDS)

1. Putting another person in danger of infection with HIV/AIDS by a person who

knew that he himself had such disease is punishable by a fine ranging from one hundred

to two hundred monthly calculation indices or with deprivation of liberty for a period

of up to three years.

2. Infection of another person with HIV/AIDS by a person that knew that he had

such disease is punishable with deprivation of liberty for a period up to five years.

3. The offence, specified by the second part of the present Article, committed

with regard to two or more persons, or with regard to an obviously minor is punishable

by deprivation of liberty for a term of four to eight years.

4. Infection of another person with HIV/AIDS as a consequence of improper

discharge of his professional duties by a medical worker or by a worker of domestic

services organization or other public services shall be punishable by deprivation of

liberty for a period of up to five years with deprivation of the right to hold specific

offices or engage in specific activities for a period of up to three years.

Footnote. Article 116 as amended by the Laws of the Republic of Kazakhstan dated

18.01.2011 No. 393-IV (shall be enforced upon expiry of ten calendar days after its

first official publication); dated 09.11.2011 No. 490-IV (shall be enforced upon expiry

of ten calendar days after its first official publication).

Article 117. Illegal Performance of an Abortion

1. Performance of abortions by a person who lacks higher medical education of an

appropriate specialization shall be punishable by a fine in the amount of up to five

hundred monthly calculation indices or by corrective labor for a term of up to two

years, or with the deprivation of liberty for the same period.

2. Illegal performance of an abortion by a person, that has a higher medical

education in the appropriate field is punishable by a fine in the amount up to five

hundred monthly calculation indices or by corrective labor for a period of up to two

years, or with the deprivation of liberty for the same period with the deprivation of

the right to hold specified offices or to engage in specified activities for a period of

up to three years.

3. Performance of an abortion by a person lacking higher medical education in the

appropriate field or illegal performance of an abortion by a person, that has higher

medical education in the appropriate field, committed repeatedly is punishable by

deprivation of liberty for a term of up to three years or with the deprivation of

liberty for the same period with a possible deprivation of the right to hold specified

offices or to engage in specified activities for the same term.

4. Illegal performance of an abortion that resulted in death or serious injuries

is punishable with the deprivation of liberty for a term of up to seven years with a

possible deprivation of the right to hold specific offices or to engage in specific

activities for a term of up to three years.

Footnote. Article 117 as amended by the Laws of the Republic of Kazakhstan dated

05.05.2000 No. 47; dated 10.12.2009 No. 227-IV (shall be enforced from 01.01.2010);

dated 18.01.2011 No. 393-IV (shall be enforced upon expiry of ten calendar days after

its first official publication); dated 09.11.2011 No. 490-IV (shall be enforced upon

expiry of ten calendar days after its first official publication).

Article118. Failure to Render Aid to a Sick Person 1. Failure to render aid to a sick person without valid reasons, by a person who

is duty-bound to render it in keeping with the law or with special rules, if this has

entailed by negligence the infliction of injury of average gravity to the health of the

sick person, shall be punishable by a fine in the amount of fifty to one hundred monthly

calculation indices or with corrective labor for a term of up to one year, or with a

deprivation of liberty for a term up to three years with a possible deprivation of the

right to hold specific offices or to engage in specific activities.

2. The same act, if it has involved, through negligence, the death of the sick

person or the infliction of grave injury to his health, shall be punishable by the

restraint of liberty for a period of up to five years or with deprivation of liberty for

the same period with deprivation of the right deprivation of the right to hold specific

offices or to engage in specific activities for a term of up to three years.

Footnote. Article118 as amended by the Laws of the Republic of Kazakhstan dated

18.01.2011 No. 393-IV (shall be enforced upon expiry of ten calendar days after its

first official publication); dated 09.11.2011 No. 490-IV (shall be enforced upon expiry

of ten calendar days after its first official publication).

Article 119. Abandoning to Danger

1. Deliberate abandoning without aid of person who is in a state of danger to

human life or health, and who is deprived of the possibility of taking measures towards

self-preservation because of his young age, old age, sickness, or in consequence of his

helplessness, in cases where the convicted person had the possibility of rendering aid

to this person and was obliged to take care of him, or who has put him in the state of

danger to life and health, shall be punishable by a fine in the amount of fifty to one

hundred monthly calculation indices or with compulsory community service for a term of

one hundred to one hundred and eighty hours, or corrective labor for a term of up to one

year, or with the restraint of liberty for a period of up to one year.

2. The same offence that negligence resulted in death of a person, abandoned

without assistance, or other grave consequences shall be punishable by a fine ranging

from five hundred to one thousand monthly calculation indices or with the restraint of

freedom for a period up to three years, or with the deprivation of liberty for the same

period.

Footnote. Article 119 as amended by the Law of the Republic of Kazakhstan dated

18.01.2011 No. 393-IV (shall be enforced upon expiry of ten calendar days after its

first official publication).

Article 120. Rape

1. Rape, that is an act of sexual intercourse by means of violence, threats or

taking advantage of the state of helplessness of a female victim, shall be punished by

deprivation of liberty for a term of three to five years.

a) committed by a group of persons, a group of persons under a preliminary

conspiracy, or an organized group;

b) connected with the threat of murder or the infliction of grave injury, or

committed with especial cruelty towards the victim or to other persons;

c) entailing the infection of the victim with a venereal decease;

d) committed repeatedly

shall be punished with deprivation of liberty for a term of five to ten years.

3. Rape:

a) entailing, by negligence, the death of the victim;

b) entailing, by negligence, the infliction of grave injury to the victim, the

infection of the victim with HIV, or other grave consequences;

c) of a victim who is obviously juvenile;

d) committed in the circumstances of public disaster or during of mass disorders;

e) committed with regard to a minor by a parent, teacher or another person, who is

responsible for his upbringing by law, shall be punishable by deprivation of liberty for

a term of eight to 15 years, and in cases, specified by item d), from eight to fifteen

years with deprivation of the right to hold specific offices or to engage in specific

activities for a term of ten to twenty years.

4. The Acts, specified by the first, second or third parts of the present article,

if they have been committed with regard to an injured person who obviously has not

attained 14 years of age are punished with deprivation of liberty for a term of fifteen

to twenty years with a possible deprivation of the right to hold specific offices or to

engage in specific activities for a term of ten to twenty years.

Footnote. Article 120 is in the wording of the Law of the Republic of Kazakhstan

dated 23.11.2010 No. 354-IV (shall be enforced upon expiry of ten calendar days after

its first official publication).

Article 121. Violent Sexual Actions

1. Pederasty, lesbianism, or any other sexual actions with the use of violence or

with the threat of its use against the victim or against other persons, or taking

advantage of the helpless condition of the victim, shall be punishable by deprivation of

liberty for a term of three to five years.

2. The same acts

?) committed by a group of persons, a group of persons under a preliminary

conspiracy, or an organized group;

b) connected with the threat of murder or the infliction of grave injury, or

committed with especial cruelty towards the victim or to other persons;

c) entailing the infection of the victim with a venereal decease;

d) committed repeatedly

shall be punished with deprivation of liberty for a term of five to ten years.

3. The acts specified by the first or second parts of the present article

a) entailing, by negligence, the death of the victim;

b) entailing, by negligence, the infliction of grave injury to the victim, the

infection of the victim with HIV, or other grave consequences;

c) of a victim who is obviously juvenile;

d) committed with regard to a minor by a parent, teacher or another person, who is

responsible for his upbringing by law,

shall be punishable by deprivation of liberty for a term of eight to 15 years, and

in cases, specified by item d), from eight to fifteen years with a possible deprivation

of the right to hold specific offices or to engage in specific activities for a term of

ten to twenty years.

4. The Acts, specified by the first, second or third parts of the present article,

if they have been committed with regard to an injured person who obviously has not

attained 14 years of age are punished with deprivation of liberty for a term of fifteen

to twenty years with a possible deprivation of the right to hold specific offices or to

engage in specific activities for a term of ten to twenty years.

Footnote. Article 121 is in the wording of the Law of the Republic of Kazakhstan

dated 23.11.2010 No. 354-IV (shall be enforced upon expiry of ten calendar days after

its first official publication).

Article 122. Sexual Relations or Other Sexual Actions with a Person Who Has

Not Attained 16 Years of Age

1. Sexual relations, pederasty, or lesbianism, committed with a person who

obviously has not attained 16 years of age, shall be punishable by restraint of liberty

for a term of up to three years or by deprivation of liberty for a term of up to five

years.

2. The same acts committed with a person who has not attained 16 years of age by a

parent, teacher or another person, who is responsible for his upbringing by law shall be

punishable by deprivation of liberty for a term of five to seven years with deprivation

of the right to hold specific offices or to engage in specific activities for a term of

ten to twenty years.

3. The acts, specified by the first or second parts of the present article,

committed repeatedly are punishable with deprivation of liberty for a term of seven to

ten years with a possible deprivation of the right to hold specific offices or to engage

in specific activities for a term of ten to twenty years.

Footnote. Article122 is in the wording of the Law of the Republic of Kazakhstan

dated 23.11.2010 No. 354-IV (shall be enforced upon expiry of ten calendar days after

its first official publication); as amended by the Law of the Republic of Kazakhstan

dated 18.01.2011 No. 393-IV (shall be enforced upon expiry of ten calendar days after

its first official publication).

Article 123. Coercion to sexual intercourse, pederasty, lesbianism or other

sexual actions

Coercion to sexual intercourse, pederasty, lesbianism or other sexual actions by

means of blackmail, threat of destruction, damage, or taking of property, or with the

advantage of material or any other dependence of the victim, shall be punishable by a

fine in the amount of two hundred to five hundred monthly calculation indices or with

corrective labor for a term of up to two years, or with the restraint of liberty for a

term of up to two years, or with the deprivation of liberty for the same term.

Footnote. Article 123 as amended by the Laws of the Republic of Kazakhstan dated

05.05.2000 No. 47; dated 18.01.2011 No. 393-IV (shall be enforced upon expiry of ten

calendar days after its first official publication).

Article 124. Corruption of minors

1. Commission of sexual abuse without use of force of a person who obviously has

not attained 14 years of age,

shall be punishable by restraint of liberty for a term of up to four years or by

deprivation of liberty for a term of three to five years.

2. The same acts committed with a person who has not attained 14 years of age by

a parent, teacher or another person, who is responsible for his upbringing by law

shall be punishable by deprivation of liberty for a term of five to seven years

with deprivation of the right to hold specific offices or to engage in specific

activities for a term of ten to twenty years.

3. The acts, specified by the first or second parts of the present article,

committed repeatedly

are punishable with deprivation of liberty for a term of seven to nine years with

a possible deprivation of the right to hold specific offices or to engage in specific

activities for a term of ten to twenty years.

Footnote. Article 124 is in the wording of the Law of the Republic of Kazakhstan

dated 23.11.2010 No. 354-IV (shall be enforced upon expiry of ten calendar days after

its first official publication).

Article 125. Kidnapping

1. Kidnapping shall be punishable by deprivation of liberty for a term of four to

seven years.

2. The same act committed:

a) by a group of persons under a preliminary conspiracy;

b) repeatedly;

c) with the use of violence with danger for human life and health, or a threat to

apply such violence;

d) with the use of weapons or objects used as weapons;

e) against an obvious minor;

f) against a woman who is in a state of pregnancy, which is evident to the

convicted person;

g) against two or more persons;

h) out of mercenary motives,

shall be punishable by deprivation of liberty for a term of seven to twelve years

with or without confiscation of property.

3. The actions stipulated by the first and second parts of this Article, if they:

a) have been committed by an organized group;

b) have been committed with the purpose of exploitation of the kidnapped person;

c) have entailed by negligence the death of the victim or any other grave

consequences

are punishable with deprivation of liberty for a term of ten to fifteen years with

or without confiscation of property.

Notes.

1. A person who has set free the kidnapped person voluntarily shall be released

from criminal responsibility, unless his actions contain a different corpus delicti.

2. Under exploitation of a person mentioned in this article and in articles 126,

128, 133 of this Code is understood the use of hard labor, coercion into prostitution or

other activities with a purpose of appropriation of his profits as well as exercising

authority of a proprietor with regard to a person, who cannot refuse to work or perform

services due to reasons beyond his control.

Footnote. Article 125 as amended by the Law of the Republic of Kazakhstan dated

March 2, 2006 No. 131.

Article 126. Illegal Deprivation of Liberty

1. Illegal deprivation of a person's liberty, which is not related to his

abduction, shall be punishable by restraint of liberty for a term of up to three years,

or by deprivation of liberty for the same period.

2. The same act committed:

a) by a group of persons under a preliminary conspiracy;

b) repeatedly;

c) with the use of violence with danger for human life and health;

d) with the use of weapons or objects used as weapons;

e) against an obvious minor;

f) against a woman who is in a state of pregnancy, which is evident to the

convicted person;

g) against two or more persons;

h) out of mercenary motives,

i) taking advantage of material or another dependence of the victim

shall be punishable by deprivation of liberty for a term of up to five years with

or without confiscation of property.

3. The actions stipulated by the first and second parts of this Article, if they:

a) have been committed by an organized group;

b) have been committed with the purpose of exploitation of the person deprived of

liberty;

c) have entailed by negligence the death of the victim or any other grave

consequences

are punishable with deprivation of liberty for a term of five to ten years with or

without confiscation of property.

Footnote. Article 126 as amended by the Laws of the Republic of Kazakhstan dated

02.03.2006 No. 131; dated 18.01.2011 No. 393-IV (shall be enforced upon expiry of ten

calendar days after its first official publication).

Article 127. Illegal Placement in a Mental Hospital

1. Illegal placement of a person in a mental hospital or illegal retention there

shall be punishable by restraint of liberty for a term of up to three years or with

deprivation of liberty for the same term.

2. The same act,

a) if it has been committed with mercenary motives;

b) if it has been committed by a person using his official position;

c) if it has entailed by negligence the death of the victim, or any other serious

consequences

is punishable with deprivation of liberty for a term of three to seven years with

or without deprivation of the right to hold specific offices or to engage in specific

activities for a term of up to three years.

Footnote. Article 127 as amended by the Law of the Republic of Kazakhstan dated

18.01.2011 No. 393-IV (shall be enforced upon expiry of ten calendar days after its

first official publication).

Article 128. Human Trafficking

1. Human trafficking is purchase and sale, recruitment, conveyance, transfer,

concealment or reception or other actions in respect of persons for the purpose of

exploitation.

It is punishable with deprivation of liberty for a term of up to five years with

or without confiscation.

2. The same act committed:

a) by a group of persons under a preliminary conspiracy;

b) repeatedly;

c) with the use of violence with danger for human life and health or the threat of

its use;

d) with the use of weapons or objects used as weapons;

e) against a woman who is in a state of pregnancy, which is evident to the

convicted person

f) against two or more persons;

g) for the purposes of unlawful removal of a person’s tissues or organs for

transplantation or other purposes;

h) by means of fraud or breach of trust;

i) by a person using his official position;

j) by taking advantage of a material or another dependence of a person on the

offender

is punishable with deprivation of liberty for a period of five to seven years with

or without confiscation of property.

3. The acts, specified by the first or second parts of the present article,

committed with the purpose of export of persons outside the Republic of Kazakhstan or

import of persons into the Republic of Kazakhstan or transit from one foreign state to

another through the territory of the Republic of Kazakhstan as well as export of persons

outside the Republic of Kazakhstan or import of persons into the Republic of Kazakhstan

or transit from one foreign state to another through the territory of the Republic of

Kazakhstan for the purpose of committing such acts

are punishable by deprivation of liberty for a period of seven to ten years with

or without confiscation of property.

4. The acts specified by the first, second, or the third parts of the present

article, if they:

a) have been committed by an organized group;

b) have entailed by negligence the death of the victim, or any other serious

consequences

are punishable with deprivation of liberty for a term of seven to fifteen years

with confiscation of property.

Footnote. Article 128 is in the wording of the Law of the Republic of Kazakhstan

dated March 2, 2006 No. 131.

Article 129. Slander

1. Slander, that is spreading of deliberately falsified information that

denigrates the honour and dignity of another person or undermines his reputation, shall

be punishable by a fine in the amount of one hundred to two hundred monthly calculation

indices, or by community service for a term of 120 to 180 hours, or by corrective labor

for a term of up to one year, or by corrective labor for a term of up to one year.

2. Slander contained in a public speech or in a publicly demonstrated production

or mass-media, shall be punishable by a fine in the amount of 200 to 500 monthly

calculation indices, or community service for a period of one 180 to 240 hours, or by

corrective labor for a term of one to two years, or by restriction of liberty for a term

of up to two years.

3. Slander accusing a person of committing a corruption, grave or especially grave

crime shall be punishable by restraint of liberty for a term of up to three years, or by

deprivation of liberty for the same period.

Footnote. Article 129 as amended by the Laws of the Republic of Kazakhstan dated

25.09.2003 No. 484; dated 18.01.2011 No. 393-IV (shall be enforced upon expiry of ten

calendar days after its first official publication); dated 09.11.2011 No. 490-IV (shall

be enforced upon expiry of ten calendar days after its first official publication).

Article 130. Insult

1. Insult, that is the denigration of the honour and dignity of another person,

expressed in indecent form,

shall be punishable by a fine in the amount of up to one hundred monthly

calculation indices, or by community service for a term of up to one hundred and twenty

hours, or with corrective labor for a term of up to six months.

2. Insult contained in a public speech, in a publicly demonstrated production, or

in mass media,

shall be punishable by a fine in the amount of one hundred to four hundred monthly

calculation indices or by community service for a term of up to one hundred and eighty

hours, or by corrective labor for a term of up to one year, or with the restraint of

freedom for the same period.

Footnote. Article 130 as amended by the Law of the Republic of Kazakhstan dated

09.11.2011 No. 490-IV (shall be enforced upon expiry of ten calendar days after its

first official publication).

Chapter 2. Crimes Against the Family and Minors

Article 131. Inducing of a Minor to engage in Criminal Activities

1. Inducing of a Minor to engage in a criminal activity by a person, who has

attained 18 years of age, shall be punishable by deprivation of liberty for a term of up

to five years.

2. The same act committed by a parent, teacher, or any other person charged by law

with bringing up a minor, shall be punishable by deprivation of liberty for a term of up

to six years, with or without deprivation of the right to hold specified offices or to

engage in specified activities for a term of up to three years.

3. Acts provided for by the first or second part of this Article, and committed

with the use of violence or with the threat of its use, shall be punishable by

deprivation of liberty for a term of two to seven years.

4. Acts stipulated by the first, second or third parts of this Article, and

connected with the involvement of a minor in a criminal group or in the commission of

grave or especially grave crimes, shall be punishable by deprivation of liberty for a

term of five to eight years.

5. Acts, specified by the first, second, third or the fourth parts of the present

article, connected with inducing of a minor to engage in criminal activities of an

organized group, criminal community (criminal organization) are punished by deprivation

of liberty for a term of eight to fifteen years with confiscation of property.

Footnote. Article 131 as amended by the Law of the Republic of Kazakhstan dated

29.11.2011 No. 502-IV (shall be enforced upon expiry of ten calendar days after its

first official publication).

Article 132. Inducing of a Minor to Engage in the Commission of Antisocial

Actions 1. Inducing of a minor to engage in the systematic use of alcoholic drinks or

stupefying substances, in prostitution, vagrancy, or alms gathering shall be punishable

by community service for a period of one hundred and eighty to two hundred and forty

hours, or by corrective labor for a term of one to two years, or by deprivation of

liberty for a term of up to three years.

2. The same act committed by a parent, teacher, or any other person who is charged

by law with the duty of bringing up a minor, shall be punishable by restraint of liberty

for a term of up to three years or by deprivation of liberty for a term of up to five

years with or without deprivation of the right to hold specified offices or to engage in

specified activities for a period up to three years or without it.

3. Acts provided for by the first or second part of this Article and committed

repeatedly, or with the use of violence or with the threat of its use, shall be

punishable by deprivation of liberty for a term of up to six years.

Footnote. Article132 as amended by the Laws of the Republic of Kazakhstan dated

27.06.2008 No. 50-IV (the order of enforcement see Art. 2); dated 23.11.2010 No. 354-IV

(shall be enforced upon expiry of ten calendar days after its first official

publication); dated 18.01.2011 No. 393-IV (shall be enforced upon expiry of ten calendar

days after its first official publication).

Article 132-1. Inducing a Minor to Engage in Prostitution

1. Inducing of a minor to engage in prostitution shall be punishable by

deprivation of liberty for a term of three to five years.

2. Inducing of a minor to engage in prostitution with the use of violence or with

the threat of its use, taking advantage of his dependence, by means of blackmailing,

destruction or damage to property or by means of fraud shall be punishable by

deprivation of liberty for a term of five to seven years.

3. If the same offence is committed:

a) by organized group;

b) by a person, previously convicted of involvement in prostitution or

organization thereof or of keeping disorderly houses or pandering;

c) by a parent, teacher, or by another person, who by the law has responsibilities

to care for the minor

it is punished with deprivation of liberty for a period from seven to ten years.

Footnote. The Code is supplemented by the Article 132-1 in accordance with the Law

of the Republic of Kazakhstan dated 23.11.2010 No. 354-IV (shall be enforced upon expiry

of ten calendar days after its first official publication).

Article 133. Trafficking of minors

1. Purchase and sale or settlement of other transactions with regard to a juvenile

person, and equally his exploitation or enlistment, transportation, delivery,

concealment, as well as commission of other offences with a view of exploitation are

punished with the deprivation of liberty for a period from five to seven years with

confiscation of property or without it.

2. If the same offences are committed:

a) by a group of persons with a previous concert;

b) more than once;

c) with violent use, dangerous for life or health, or with the threat to use it;

d) with weapon employment or items used in the capacity of weapon;

e) with regard to two or more persons;

f) with the view of removal of organs or tissues of an injured person for

transplantation or another use;

g) by false presences or abuse of trust;

h) by a person using his corporate opportunities;

i) with the view of involvement of a juvenile person into the commission of crimes

or other antisocial activities;

j) with use of material or another dependence of an injured person;

they shall be punished with the deprivation of liberty for a period from seven to

ten years with confiscation of property or without it.

3. The offences specified in the first or second parts of the present article,

committed with the view of exportation outwards the Republic of Kazakhstan, importation

into the Republic of Kazakhstan or transportation of a juvenile person through the

territory of the Republic of Kazakhstan from one foreign state to another, and equally

exportation outwards the Republic of Kazakhstan, importation into the Republic of

Kazakhstan or transportation of a juvenile person through the territory of the Republic

of Kazakhstan from one foreign state to another with the view of commission such

offences are punished with the deprivation of liberty for a period from ten to twelve

years with confiscation of property or without it.

4. The offences specified in the first, second or the third parts of the present

article, if they are:

a) committed by an organized group;

b) negligently resulted in death of an injured person or other grave consequences

are punished with the deprivation of liberty for a period from twelve to fifteen years

with confiscation of property.

Footnote. Article 133 is in the wording of the Law of the Republic of Kazakhstan

dated March 2, 2006 No. 131.

Article 134. Substitution of child

1. Intentional substitution of the child is punished by a fine ranging from two

hundred to five hundred monthly calculation indices, or with the corrective labor for a

period up to two years, or with the deprivation of liberty for the same period.

2. The same offence, committed with mercenary or other low motives is punished

with the deprivation of liberty for a period from three to seven years.

Footnote. Article 134 as amended by the Laws of the Republic of Kazakhstan dated

05.05.2000 No. 47; dated 09.11.2011 No. 490-IV (shall be enforced upon expiry of ten

calendar days after its first official publication).

Article 135. Violation of privacy of adoption Violation of privacy of adoption contrary to the will of adoptive parent,committed

by a person, obliged to keep an evidence of adoption as an official or professional

secrecy, or by another person with mercenary or other low motives is punished by a fine

ranging from one hundred to two hundred monthly calculation indices, or with the

corrective labor for a period up to two years with the deprivation of the right to hold

specific posts or to practice a specific activity for a period up to three years or

without it.

Footnote. Article 135 as amended by the Laws of the Republic of Kazakhstan dated

18.01.2011 No. 393-IV (shall be enforced upon expiry of ten calendar days after its

first official publication); dated 09.11.2011 No. 490-IV (shall be enforced upon expiry

of ten calendar days after its first official publication).

Article 136. Malicious evasion of payment of finances for alimentation of

children or incapable of work parents 1. Malicious evasion for more than three months by a parent of payment of finances

under the court decision for alimentation of children of minority age, and equally

incapable of work children, who have reached the age of eighteen years is punished by a

fine ranging from two hundred to five hundred monthly calculation indices, or the

involvement in the community service for a period from one hundred and twenty to one

hundred and eighty hours, or with the corrective labor for a period up to two years, or

with the restraint of liberty for a period up to two years.

2. Malicious evasion for more than three months of an employable person of

majority age of payment of finances under the court decision for alimentation of his

incapable of work parent is punished by a fine ranging from two hundred to five hundred

monthly calculation indices, or the involvement in the community service for a period

from one hundred and twenty to one hundred and eighty hours, or with the corrective

labor for a period up to two years, or with the restraint of liberty for a period up to

two years.

Footnote. Article 136 as amended by the Laws of the Republic of Kazakhstan dated

05.05.2000 No. 47; dated 18.01.2011 No. 393-IV (shall be enforced upon expiry of ten

calendar days after its first official publication); dated 09.11.2011 No. 490-IV (shall

be enforced upon expiry of ten calendar days after its first official publication).

Article 137. Breach of duties of the upbringing of a juvenile person

Breach or improper execution of duties of the upbringing of a juvenile person by a

parent or another person, who has these responsibilities, and equally by teacher or

another worker of educational, fostering, medical or another institution is obliged to

take charge of a juvenile person, if this offence is connected with cruel treatment

towards a juvenile person is punished by a fine ranging from fifty to one hundred

monthly calculation indices or the involvement in the community service for a period

from one hundred to two hundred hours, or with the corrective labor for a period up to

two years, or with the restraint of liberty for a period up to two years with the

deprivation of the right to hold specific posts or to practice specific activity for a

period up to three years or without it.

Footnote. Article 137 as amended by the Laws of the Republic of Kazakhstan dated

21.12.2002 No. 363; dated 09.11.2011 No. 490-IV (shall be enforced upon expiry of ten

calendar days after its first official publication).

Article 138. An Improper execution of duties of providing safety of life and

health of children 1. Improper execution of duties of providing safety of life and health of juvenile

person by a person, who has such responsibilities by work, or by a person, performing

these duties under a special commission or willingly assumed such responsibilities, if

it is negligently resulted in infliction of serious or medium gravity harm to health of

a juvenile person which is punished by a fine in the amount up to five thousand monthly

calculation indices, or with the corrective labor for a period up to two years, or with

the deprivation of liberty for the same period with the deprivation of the right to hold

specific posts or to practice a specific activity for a period up to three years or

without it.

2. The same offence that negligently resulted in death of a juvenile person is

punished with the deprivation of liberty for a period up to five years with the

deprivation of the right to hold specific posts or to practice a specific activity for a

period up to three years or without it.

Footnote. Article 138 as amended by the Law of the Republic of Kazakhstan dated

09.11.2011 No. 490-IV (shall be enforced upon expiry of ten calendar days after its

first official publication).

Article 139. Abuse of trustee or care-giver rights The use of trusteeship or custody with the view of mercenary or other low motives

in prejudice of the one under ward ship (person under care) or intentional abandonment

of ward (person under care) without supervision or necessary assistance, that resulted

in significant impairment of rights or legitimate interests of ward (person under care)

is punished by a fine ranging from fifty to one hundred monthly calculation indices, or

with the corrective labor for a period up to two years, or with the restraint of liberty

for a period up to two years, or with the deprivation of liberty for the same period.

Footnote. Article 139 as amended by the Law of the Republic of Kazakhstan dated

09.11.2011 No. 490-IV (shall be enforced upon expiry of ten calendar days after its

first official publication).

Article 140. Malicious evasion of alimentation of incapable of work marital

partner Malicious evasion for more than three months by an employable person of payment of

finances under the court decision for alimentation of incapable of work and who is in

need of financial assistance of marital partner, committed by a person, who was enforced

during one year with the administrative sanction for the commission of such offence is

punished by a fine ranging from two hundred to five hundred monthly calculation indices,

or with the involvement into the community service for a period from one hundred and

twenty to one hundred and eighty hours, or with the corrective labor for a period up to

two years, or with the restraint of liberty for a period up to two years.

Footnote. Article 140 as amended by the Laws of the Republic of Kazakhstan dated

05.05.2000 No. 47; dated 18.01.2011 No. 393-IV (shall be enforced upon expiry of ten

calendar days after its first official publication); dated 09.11.2011 No. 490-IV (shall

be enforced upon expiry of ten calendar days after its first official publication).

Chapter 3. CRIMES AGAINST CONSTITUTIONAL AND OTHER RIGHTS AND LIBERTY OF A

PERSON AND CITIZEN

Article 141.Violation of equality of citizens’ rights

1. Direct or indirect restriction of rights and liberty of a person (citizen) on

grounds of origin, social, official capacity or property status, gender, race,

nationality, language, attitude towards religion, convictions, place of residence,

belonging to public association or any other circumstances is punished by a fine ranging

from two hundred to one thousand monthly calculation indices or with the restraint of

liberty for a period up to one year.

2. The same offence, committed by a person with the use of appropriation of his

corporate opportunities or by the chief of public association is punished by a fine

ranging from five hundred to two thousand monthly calculation indices or with the

restraint of liberty for a period up to two years with the deprivation of the right to

hold specific posts or to practice a specific activity for a period up to three years or

without it.

Footnote. Article 141 as amended by the Law of the Republic of Kazakhstan dated

18.01.2011 No. 393-IV (shall be enforced upon expiry of ten calendar days after its

first official publication).

Article 141-1. Investigative tortures 1. Intentional infliction of physical and(or) mental suffering, committed by a

crime investigator, by a person, conducting investigation or by another office holder or

with their incitement or with tacit agreement of another person or purposely with their

knowledge to extract information from tortured person or third party, either confession

or to punish him for the offence, which he committed or in committing of which he is

suspected, and also to intimidate or to enforce him or the third party, or by any

reason, based on discrimination of any kind is punished by a fine ranging from two

hundred to five hundred monthly calculation indices or with the deprivation of right to

hold specific posts for a period up to three years, or with the restraint of liberty for

a period up to five years, or with the deprivation of liberty for the same period.

2. If the same offence is committed:

a) by a group of persons or a group of persons with pre-planning;

b) more than once;

c) with the infliction of medium gravity harm to health;

d) with regard to a pregnant woman, consciously for a liable person, or a juvenile

person,

it shall be punished with the deprivation of liberty for a period up to seven

years with the deprivation of the right to hold specific posts or to practice a specific

activity for a period up to three years.

3. The same offence that resulted in infliction of serious harm to health or

negligently in death of an injured person is punished with the deprivation of liberty

for a period from five to ten years with the deprivation of the right to hold specific

posts or to practice a specific activity for a period up to three years.

Note

Physical and mental sufferings are not considered to be an investigative torture,

caused as a result of legal actions by office holders.

Footnote. The Code is supplemented by Article 141-1 in accordance with the Law of

the Republic of Kazakhstan dated 18.01.2011 No. 393-IV (shall be enforced upon expiry of

ten calendar days after its first official publication); dated 09.11.2011 No. 490-IV

(shall be enforced upon expiry of ten calendar days after its first official

publication).

Article 142.Violation of integrity of private life 1. The illegal accumulation of information of a person’s private life, composing

his private or family secrecy, without his consent is punished by a fine ranging from

four hundred to seven hundred monthly calculation indices, or with the involvement in

the community service for a period from one hundred and twenty to one hundred and eighty

hours, or with the corrective labor for a period up to one year.

2. The same offence, committed by a person with the appropriation of his corporate

opportunities, and equally dissemination of information, specified in the first part of

the present article, in public appearance, in publically expository writing, or in mass

media is punished by a fine ranging from seven hundred to one thousand monthly

calculation indices, or with the deprivation of right to hold specific posts or to

practice a specific profession for a period from two to five years, or with the

deprivation of liberty for a period up to five years with confiscation of the illegally

used special technical devices.

Footnote. Article 142 as amended by the Laws of the Republic of Kazakhstan dated

07.12.2009 No. 221-IV (the order of enforcement see Art. 2); dated 18.01.2011 No. 393-IV

(shall be enforced upon expiry of ten calendar days after its first official

publication); dated 09.11.2011 No. 490-IV (shall be enforced upon expiry of ten calendar

days after its first official publication).

Article 143. The Illegal violation of secrecy of correspondence, phone

conversations, mail, telegraphic or other messages

1. The illegal violation of secrecy of correspondence, phone conversations, mail,

telegraphic or other communications of physical persons is punished by a fine ranging

from one hundred to two hundred monthly calculation indices, or with the involvement in

the community service for a period from one hundred and twenty to one hundred and eighty

hours, or with the corrective labor for a period up to one year.

2. The same offence, committed by a person with appropriation of his corporate

opportunities or special technical devices, intended for surreptitious obtaining of

information is punished by a fine ranging from one thousand to three thousand monthly

calculation indices, or with the deprivation of the right to hold specific posts or to

practice a specific activity for a period from two to five years, or with the corrective

labor for a period up to two years, or with the deprivation of liberty for a period up

to five years with confiscation of the illegally used special technical devices.

3. The illegal production, manufacture, sale or purchase with the view of sale of

special technical devices, intended for surreptitious obtaining of information are

punished by a fine ranging from five hundred to two thousand monthly calculation

indices, or with the restraint of liberty for a period up to three years, or with the

deprivation of liberty for a period up to three years with the deprivation of the right

to hold specific post or to practice a specific activity for a period up to three years.

Footnote. Article 143 as amended by the Laws of the Republic of Kazakhstan dated

07.12.2009 No. 221-IV (the order of enforcement see Art. 2); dated 18.01.2011 No. 393-IV

(shall be enforced upon expiry of ten calendar days after its first official

publication); dated 09.11.2011 No. 490-IV (shall be enforced upon expiry of ten calendar

days after its first official publication).

Article 144. Divulgence of medical secret

1. Divergence by a medical worker without professional or official necessity of

information about the disease or the results of medical certification of a patient, that

manifested in disclosure of information of presence of person’s HIV/AIDS is punished by

a fine ranging from one hundred to three hundred monthly calculation indices or with the

deprivation of the right to hold specific posts or to practice a specific activity for a

period from two to five years, or with the corrective labor for a period up to two

years.

2. The same offence that resulted in grave consequences is punished with the

deprivation of liberty for a period up to three years with the deprivation of the right

to hold specific posts or to practice a specific activity for a period up to three years

or without it.

Footnote. Article 144 is in the wording of the Law of the Republic of Kazakhstan

dated 18.01.2011 No. 393-IV (shall be enforced upon expiry of ten calendar days after

its first official publication).

Article 145. Violation of inviolability of housing

1. The illegal invasion of privacy without the will of domicile there person is

punished by a fine ranging from two hundred to five hundred monthly calculation indices,

or with the involvement in the community service for a period from one hundred and

twenty to one hundred and eighty hours, or with the corrective labor for a period up to

one year.

2. The same offence, committed with the use of force or with the threat to use it,

or by a group of persons, or at night time, or accompanied by the illegal search and

equally to the illegal eviction from dwelling are punished by a fine ranging from five

hundred to eight hundred monthly calculation indices or with the deprivation of liberty

for a period up to two years.

3. The offences specified in the first or second parts of the present article,

committed by a person with the appropriation of his corporate opportunities are punished

by a fine ranging from eight hundred to one thousand monthly calculation indices, or

with the deprivation of the right to hold specific posts or to practice a specific

activity for a period from two to five years, or with the deprivation of liberty for a

period up to three years.

Footnote. Article 145 as amended by the Law of the Republic of Kazakhstan dated

18.01.2011 No. 393-IV (shall be enforced upon expiry of ten calendar days after its

first official publication); dated 09.11.2011 No. 490-IV (shall be enforced upon expiry

of ten calendar days after its first official publication).

Article 146. Obstruction of the implementation of electoral rights or the

work of election commissions

1. Obstruction of the free implementation of a citizen of his electoral rights or

the right to participate in peace ballot, and also the illegal interference in the work

of election commissions or commissions of conducting the peace ballot and impeding to

the voting, implementation of duties, connected with the registration of a candidate,

political lists, vote tabulation and the establishment of the voting results of the

election or the peace ballot are punished by a fine ranging from fifty to one hundred

monthly calculation indices, or with the involvement in the community service for a

period from one hundred and twenty to one hundred and eighty hours, or with the

corrective labor for a period up to one year.

2. If the same offences are:

a) connected with bribery, false pretense, the use of force or with a threat to

use it;

b) committed by a person with the use of his official capacity or official

position;

c) committed by a group of persons with the previous concert or organized group;

d) committed by means of infraction of functioning of electronic election system;

they shall be punished by a fine ranging from two hundred to five hundred monthly

calculation indices, or with the corrective labor for a period from one year to two

years, or with the restraint of liberty for a period up to five years, or with the

deprivation of liberty for the same period.

Footnote. Article 146 as amended by the Laws of the Republic of Kazakhstan dated

09.07.2004 No. 583; dated 18.01.2011 No. 393-IV (shall be enforced upon expiry of ten

calendar days after its first official publication); dated 09.11.2011 No. 490-IV (shall

be enforced upon expiry of ten calendar days after its first official publication).

Article 147. Falsification of election documents, peace ballot documents or

incorrect vote tabulation

1. Falsification of election documents or the documents of peace ballot, entering

of blank records in the ballots or subscription lists, knowingly incorrect vote

tabulation, or knowingly incorrect establishment of voting results or results of peace,

or violation of secrecy of voting, if these offences committed by election agent of a

Presidential candidate of the Republic of Kazakhstan, or election agent of a deputy

candidate, and equally a member of election commissions, or commission of conducting the

peace ballot are punished by a fine ranging from two hundred to five hundred monthly

calculation indices, or with the corrective labor for a period up to two years, or with

the deprivation of liberty for a period up to four years with the deprivation of the

right to hold specific posts or to practice a specific activity for a period up to three

years or without it.

2. The same offences, committed by means of infraction of functioning of

electronic election system are punished by the deprivation of liberty for a period up to

seven years.

Footnote. Article 147 as amended by the Laws of the Republic of Kazakhstan dated

09.07.2004 No. 583; dated 09.11.2011 No. 490-IV (shall be enforced upon expiry of ten

calendar days after its first official publication).

Article 148. Labor violation of the Republic of Kazakhstan

1. The illegal termination of a labor contract with an employee, failure to comply

with a court decision about the reinstatement in work, and equally another labor

violation of the Republic of Kazakhstan, that resulted in infliction of considerable

harm to the rights and legitimate interests of citizens are punished by a fine ranging

from one hundred to two hundred monthly calculation indices or with the deprivation of

right to hold specific posts or to practice a specific activity for a period up to five

years.

2. Unjustified refusal in conclusion of employment agreement with a woman or

unjustified termination of employment agreement with her on the grounds of her pregnancy

or unjustified refusal in conclusion of the employment agreement or ? unjustified

termination of employment agreement with a woman, having children under three years of

age, on these grounds, and equally unjustified refusal in conclusion of employment

agreement or unjustified termination of the employment agreement with invalid on grounds

of disability or a juvenile person on grounds of his minority are punished by a fine

ranging from two hundred to five hundred monthly calculation indices or with the

deprivation of the right to hold specific posts for a period up to five years, or with

the corrective labor for a period up to two years.

3. Repeated delay by a person, performing administrative functions, of salary

payment in full and at the stated time owing to the use of funds for other purposes is

punished by a fine ranging from three hundred to seven hundred monthly calculation

indices or with the deprivation of the right to hold specific posts or to practice a

specific activity for a period up to five years.

Footnote. Article 148 as amended by the Laws of the Republic of Kazakhstan dated

05.05.2000 No. 47; dated 15.05.2007 No. 253; dated 09.11.2011 No. 490-IV (shall be

enforced upon expiry of ten calendar days after its first official publication).

Article 149. Obstruction of the implementation of a right for the liberty of

conscience and religion Footnote. Article 149 is excluded by the Law of the Republic of Kazakhstan dated

18.01.2011 No. 393-IV (shall be enforced upon expiry of ten calendar days after its

first official publication).

Article 150. Obstruction of the non-governmental organizations activity Footnote. Article 150 is excluded by the Law of the Republic of Kazakhstan dated

18.01.2011 No. 393-IV (shall be enforced upon expiry of ten calendar days after its

first official publication).

Article 150-1. Obstruction of legal activities of employee representatives Obstruction of the legal activities of employee representatives by an office

holder with the appropriation of corporate opportunities, and equally interference in

their legal activities, committed by an office holder with the appropriation of his

corporate opportunities, that resulted in considerable infringement of their rights and

legitimate interests, committed by a person, who was enforced during one year with the

administrative sanction for the commission of such an offence are punished by a fine

ranging from one hundred to five hundred monthly calculation indices or with the

corrective labor for a period up to two years or with the deprivation of the right to

hold specific posts or to practice a specific activity for a period up to three years.

Footnote. The Code is supplemented by Article 150-1 in accordance with the Law of

the Republic of Kazakhstan dated May 15, 2007 No. 253; as amended by the Laws of the

Republic of Kazakhstan dated 18.01.2011 No. 393-IV (shall be enforced upon expiry of ten

calendar days after its first official publication); dated 09.11.2011 No. 490-IV (shall

be enforced upon expiry of ten calendar days after its first official publication).

Article 151. Obstruction of holding of meeting, rally, demonstration, March,

vigil or participation in it

The illegal obstruction of holding of a meeting, rally, demonstration, march,

vigil or participation in it, or enforcement to participate in it, if these offences

committed by an office holder with the appropriation of his corporate opportunities or

with the use of force or with the threat to use it punish by a fine ranging from five

hundred to seven hundred monthly calculation indices, or with the corrective labor for a

period up to two years, or with the deprivation of liberty for a period up to three

years with the deprivation of right to hold specific posts or to practice a specific

activity for a period up to three years or without it.

Footnote. Article 151 as amended by the Law of the Republic of Kazakhstan dated

09.11.2011 No. 490-IV (shall be enforced upon expiry of ten calendar days after its

first official publication).

Article 152. Violation of labor protection rules

1. Violation of safety rules, industrial hygiene or other labor protection rules,

committed by a person, who had organization responsibilities or these rules enforcement,

that negligently resulted in infliction of serious harm to health is punished by a fine

ranging from two hundred to five hundred monthly calculation indices or with the

corrective labor for a period up to two years, or with the restraint of liberty for the

same period with the deprivation of the right to hold specific posts or to practice a

specific activity for a period up to three years.

2. The same offence, if negligently resulted in death of a person, is punished

with the restraint of liberty for a period up to five years or with the deprivation of

liberty for the same period with the deprivation of the right to hold specific posts or

to practice a specific activity for a period up to three years or without it.

Footnote. Article 152 as amended by the Law of the Republic of Kazakhstan dated

18.01.2011 No. 393-IV (shall be enforced upon expiry of ten calendar days after its

first official publication).

Article 153. Enforcement to participate in a strike or to the refusal from

participation in a strike

Enforcement to participate in a strike or to the refusal from participation in a

legal strike, committed by an person with the appropriation of his corporate

opportunities or by means of violence or the threat to use force is punished by a fine

ranging from five hundred to seven hundred monthly calculation indices, or with the

corrective labor for a period up to two years, or with the deprivation of liberty for a

period up to three years with the deprivation of right to hold specific posts or to

practice a specific activity for a period up to three years or without it.

Footnote. Article 153 as amended by the Law of the Republic of Kazakhstan dated

09.11.2011 No. 490-IV (shall be enforced upon expiry of ten calendar days after its

first official publication).

Article 154. Is excluded by the Law of the Republic of Kazakhstan dated 09.12.2004 No. 10

Article 155. Obstruction of legal professional activity of a journalist

1. Obstruction of legal professional activity of a journalist by means of

enforcement to the dissemination or refusal from dissemination of information is

punished by a fine ranging from fifty to one hundred monthly calculation indices, or

with the involvement in the community service for a period up to one hundred and eighty

hours, or with the corrective labor for a period up to one year.

2. The same offence, committed by a person with the appropriation of his corporate

opportunities, and equally with violent use or the threat to use it is punished by the

corrective labor for a period up to two years or with the deprivation of liberty for a

period up to three years with the deprivation of the right to hold specific posts or to

practice a specific activity for a period up to three years or without it.

Footnote.Article155 as amended by the Law of the Republic of Kazakhstan dated

09.11.2011 No. 490-IV (shall be enforced upon expiry of ten calendar days after its

first official publication).

Chapter 4. CRIMES AGAINST THE WORLD AND HUMAN SECURITY

Article 156. Planning, preparation, unleashing or prosecution of aggressive

war

1. Planning, preparation, unleashing or prosecution of aggressive war is punished

with the deprivation of liberty for a period from seven to twelve years.

2. Prosecution of aggressive war is punished with the deprivation of liberty for a

period from ten to twenty years or with the death penalty or life imprisonment.

Article 157. Propaganda and Public calls for the unleashing of aggressive war 1. Propaganda and Public call for the unleashing of aggressive war are punished by

a fine in the amount up to three thousand monthly calculation indices or with the

deprivation of liberty for a period up to three years.

2. The same offences, committed with the use of mass media or by an office holder,

holding a responsible public office punish by a fine in the amount up to five thousand

monthly calculation indices or with the deprivation of liberty for a period from two to

five years with the deprivation of the right to hold specific posts or to practice a

specific activity for a period up to three years.

Footnote. Article 157 as amended by the Law of the Republic of Kazakhstan dated

09.11.2011 No. 490-IV (shall be enforced upon expiry of ten calendar days after its

first official publication).

Article 158. Manufacture and distribution of mass destruction weapon Manufacture, obtainment or sale of chemical, biological, as well as of another

kind of mass destruction weapon, prohibited by the international treaty of the Republic

of Kazakhstan are punished with the deprivation of liberty for a period from five to ten

years.

Article 159. The use of prohibited means and methods of war prosecution 1. The cruel treatment of war prisoners or civilian population, deportation of

civilian population, pillage of national property in the occupied territory, the use of

means and methods in the armed conflict, prohibited by the international treaty of the

Republic of Kazakhstan are punished with the deprivation of liberty for a period from

six to twelve years.

2. The use of mass destruction weapon, prohibited by the international treaty of

the Republic of Kazakhstan is punished with the deprivation of liberty for a period from

ten to twenty years or with the death penalty or life imprisonment.

Footnote. Article 159 as amended by the Law of the Republic of Kazakhstan dated

09.11.2011 No. 490-IV (shall be enforced upon expiry of ten calendar days after its

first official publication).

Article 160. Genocide 1. Genocide, i.e. intentional offences, aimed to the complete or partial

annihilation of national, ethnic, racial or religious group by means of murder of the

members of this group, infliction of serious harm to their health, violent impeding to

the childbearing, coercive delivery of children, violent migration or the creation of

other living conditions, intended to the physical annihilation of members of this group

is punished with the deprivation of liberty for a period from ten to twenty years or

with life imprisonment.

2. The same offences, committed in war time are punished with the deprivation of

liberty for a period from fifteen to twenty years or with the death penalty or life

imprisonment.

Footnote. Article 160 as amended by the Law of the Republic of Kazakhstan dated

10.07.2009 No. 175-IV (the order of enforcement see Art. 2).

Article 161. Ecocide

Mass destruction of plant or the animal world, poisoning of the atmosphere, land

or water resources, and also the commission of other offences, caused or able to cause

ecological disaster are punished with the deprivation of liberty for a period from 10 to

15 years.

Article 162. Mercenary activities 1. Enlistment, education, financing or other material security of a mercenary, and

equally his use in the armed conflict or military operations are punished with the

deprivation of liberty for a period from four to eight years.

2. The same offences committed by a person with an appropriation of his corporate

opportunities or with a regard to a juvenile person are punished with the deprivation of

liberty for a period from seven to fifteen years with confiscation of property or

without it.

3. The participation of mercenaries in the armed conflict or military operations

is punished with the deprivation of liberty for a period from three to seven years.

4. The offence specified in the third part of the present article that resulted in

the death of people or other grave consequences is punished with the deprivation of

liberty for a period from ten to twenty years with confiscation of property or the death

penalty with confiscation of property or life imprisonment with confiscation of

property.

Note. A person is admitted to be a mercenary, acting with the view of obtaining of

material consideration or other self-profit and who is not a citizen of a part,

participating in the armed conflict, which doesn’t live permanently on its territory and

is not sent by another state for the performance of official duties.

Article 163. Attack against persons and organizations, enjoying international

protection

1. An attack against a representative of a foreign state or international civil

servant, enjoying international protection, or domiciled with him members of his family,

and equally against social or accommodation facilities or transport facilities of

persons, enjoying international protection, and equally an abduction or violent

deprivation of liberty of these persons, if these offences committed with a view of war

provocation or complication of international relations are punished with the deprivation

of liberty for a period from three to eight years with confiscation of property or

without it.

2. The same offences, committed more than once, or with weapon employment, or with

the previous concert by a group of persons, or connected with infliction of serious harm

to health, or negligence resulted in death of a person are punished with the deprivation

of liberty for a period from ten to fifteen years with confiscation of property or

without it.

Article 164. Agitation of social, national, ancestral, racial or religious

discord

1. Intentional offences, aimed at the agitation of social, national, ancestral,

racial or religious discord or hatred, at the insult of national honor and dignity or

religious feelings of citizens, and equally propaganda of extremism, superiority or

inferiority of citizens on grounds of their attitude towards religion, state, national,

ancestral or ethnicity, if these offences committed publicly or with the use of mass

media, and equally by means of dissemination of literature and other media, promulgating

social, national, ancestral, racial or religious discord or hatred are punished by a

fine in the amount up to one thousand monthly calculation indices or with the corrective

labor for a period up to two years, or with the deprivation of liberty for a period up

to seven years.

2. The same offences, committed by a group of persons or more than once, or

connected with violence or with the threat to use it, and equally by a person with the

appropriation of his corporate opportunities or by a chief of non-governmental

organization are punished by a fine ranging from five hundred to three thousand monthly

calculation indices, or with the restraint of liberty for a period up to four years, or

with the deprivation of liberty for a period from three to seven years with the

deprivation of the right to hold specific posts or to practice a specific activity for a

period up to three years or without it.

3. The offences specified in the first or second parts of the present article that

resulted in grave consequences are punished with the deprivation of liberty for a period

from seven to twelve years with the deprivation of the right to hold specific posts or

to practice a specific activity for a period up to three years or without it.

Footnote. Article 164 as amended by the Laws of the Republic of Kazakhstan dated

05.05.2000 No. 47; dated 19.02.2002 No. 295; dated 18.01.2011 No. 393-IV (shall be

enforced upon expiry of ten calendar days after its first official publication); dated

09.11.2011 No. 490-IV (shall be enforced upon expiry of ten calendar days after its

first official publication); dated 29.11.2011 No. 502-IV (shall be enforced upon expiry

of ten calendar days after its first official publication)

Chapter 5. Crimes against the Constitutional Order and state security

Article 165. Treason against the State

1. Treason is a deliberate offence committed by a citizen of the Republic of

Kazakhstan with the aim of undermining or weakening of external security and sovereignty

of the Republic of Kazakhstan, as expressed in the transition to the enemy in time of

armed conflict, as well as espionage, issuing state secrets or other assistance to a

foreign state, foreign organization or their representatives in hostile activities

against the Republic of Kazakhstan shall be punished by imprisonment for a term of ten

to fifteen years with confiscation of property or without it, and in a combat situation

aggravated by deprivation of liberty for a term of fifteen to twenty years or life

imprisonment with confiscation of property or without it.

2. The same offences committed in time of war shall be punished by imprisonment

for a term of fifteen to twenty years, or death with confiscation of property or life

imprisonment with confiscation of property.

Note. A person who commits a crime under this Article and Articles 166 and 168 of

this Code shall be exempt from criminal liability if he reports of state or otherwise

help to prevent the onset of damage to the interests of the Republic of Kazakhstan

voluntarily and timely, and if his actions do not contain elements of another crime.

Footnote. Article 165 as amended by the Laws of the Republic of Kazakhstan dated

05.05.2000 No. 47, dated 10.07.2009 No. 175-IV (the order of enforcement see Art. 2).

Article 166. Espionage

Transmission, as well as collecting, theft or possession with intent to transfer

to a foreign state, foreign organization or their representative’s information

constituting state secrets, as well as delivering or picking up by a foreign

intelligence service of other information for use to the detriment of external security

and sovereignty of the Republic of Kazakhstan, if these offences are committed by a

foreign national or a stateless person - shall be punished by imprisonment for a term of

ten to fifteen years with confiscation of property or without it.

Footnote. Article 166 is amended by the Law of the Republic of Kazakhstan dated

May 5, 2000 No. 47.

Article 166-1. Attempt on the life of the First President of the Republic of

Kazakhstan - the Leader of the Nation

Attempt on the life of the First President of the Republic of Kazakhstan - the

Leader of the Nation, committed to obstruct his legitimate activity or out of revenge

for such activity shall be punished by imprisonment for a term of fifteen to twenty

years or by death or life imprisonment.

Footnote. The Code is supplemented by Article 166-1 in accordance with the Law

dated 14.06.2010 No. 290-IV (the order of enforcement see Art. 2).

Article 167. Attempt on the life of the President of the Republic of

Kazakhstan Attempt on the life of the President of the Republic of Kazakhstan, committed to

ending its state of activity or in revenge for such activity shall be punished by

imprisonment for a term of fifteen to twenty years or by the death penalty or life

imprisonment.

Footnote. Article 167 is in the wording of the Law of the Republic of Kazakhstan

dated February 19, 2002 No. 295.

Article 168. Hijacking or forcible detainer of power or actualization of

seals within the jurisdiction of authorized agencies and officials of the

Republic of Kazakhstan by the members of the foreign state or foreign

organization authority 1. Actions aimed at hijacking power or retaining power by force in violation of

the Constitution of the Republic of Kazakhstan, as well as aimed at changing the

constitutional order of the Republic of Kazakhstan shall be punished by imprisonment for

a term of ten to fifteen years.

2. Implementation of authority by the representatives of a foreign state or

foreign organization within the competence of the competent authorities and officials of

the Republic of Kazakhstan shall be punished by a penalty of one to five thousand

monthly calculation indices or imprisonment for up to seven years.

Footnote. Article 168 is in the wording of the Law of the Republic of Kazakhstan

dated 09.12.2004 No. 10, as amended by the Law of the Republic of Kazakhstan, dated

09.11.2011 No. 490-IV (shall be enforced upon expiry of ten calendar days after its

first official publication).

Article 169. Armed rebellion The organization of armed rebellion or participation in it in order to overthrow

or to change the constitutional order of the Republic of Kazakhstan or the territorial

integrity of the Republic of Kazakhstan shall be punished by imprisonment for a term of

ten to fifteen years.

Article 170. Calls for the violent overthrow or changing the constitutional

order or forcible violation of the unity of the Republic of Kazakhstan

1. Public calls for the violent hijacking of power, forcible detainer of power,

undermining national security or violent change of the constitutional order, as well as

the forcible violation of the integrity of the Republic of Kazakhstan and the unity of

its territory, and the spread of this content for that purpose shall be punished by a

penalty of three hundred to one thousand monthly calculation indices or imprisonment for

up to five years.

2. The same actions committed with the use of the media or by an organized group,

shall be punished by a penalty of one to five thousand monthly calculation indices or

imprisonment for a term of three to seven years.

Footnote. Article 170 as amended by the Law of the Republic of Kazakhstan dated

19.02.2002 No. 295, dated 10.12.2009 No. 227-IV (shall be enforced from 01.01.2010),

dated 09.11.2011 No. 490-IV (shall be enforced upon expiry of ten calendar days after

its first official publication).

Article 171. Sabotage

Committing to undermine the security and defense of the Republic of Kazakhstan

explosion, arson or other actions aimed at the mass destruction of people, causing

injury, destruction, or damage to businesses, structures, ways and means of

transportation, communications, life support facilities, as well as committing for the

same purposes or mass poisoning epidemics and epizootics shall be punished by

imprisonment for a term of ten to twenty years or by the death penalty or life

imprisonment with confiscation of property or without it.

Article 172. Illegal receipt, disclosure, dissemination of state secrets

Footnote. Title as amended by the Law of the Republic of Kazakhstan dated

09.11.2011 No. 490-IV (shall be enforced upon expiry of ten calendar days after its

first official publication).

1. The gathering of information constituting state secrets, by the abduction of

documents, bribery or intimidation of persons possessing state secrets, or their

relatives, for communications interception, unauthorized entry into a computer system or

network, the use of special technical means or otherwise illegal manner, as well as

distribution of the lawfully obtained information constituting state secrets, with no

signs of high treason or espionage shall be punished by restraint of liberty for a term

up to five years, or imprisonment for the same term deprivation of the right to occupy

certain positions or engage in certain activities or not.

2. Disclosure of information constituting a state secret, the person to whom it

was entrusted or became known to work or service or in connection with the production of

a criminal, civil case to an administrative offence, as well as in preparation for or

conduct search operations in the absence of high treason shall be punished by

restriction of liberty for up to three years, or imprisonment for the same term, with

disqualification to hold certain positions or engage in certain activities for the same

period or not.

3. Disclosure of information constituting an official secret, the person to whom

it was entrusted or became known to work or service or in connection with the production

of a criminal, civil case to an administrative offence, as well as in preparation for or

conduct search operations in the absence of high treason, if this caused large damage or

other grave consequences shall be punished by a penalty of two hundred to five hundred

monthly calculation indices, or restraint of liberty for a term up to three years, or

imprisonment for up to two years with deprivation of the right to occupy certain

positions or engage in certain activities for a term up to two years or without it.

4. Offences stipulated by the first or second paragraph of this Article, if they

caused offence of grave consequences shall be punished by imprisonment for a term of

three to eight years, with deprivation of the right to occupy certain positions or

engage in certain activities for a term up to three years.

Note. Major damage in Articles 172, 173 and 386 of this Code recognizes damage to

the amount of five hundred times the monthly calculation index established by the

legislation of the Republic of Kazakhstan at the time of the crime.

Footnote. Article 172 is in the wording of the Law of the Republic of Kazakhstan

dated 05.05.2000 No. 47, as amended by the Law of the Republic of Kazakhstan dated

18.01.2011 No. 393-IV (shall be enforced upon expiry of ten calendar days after its

first official publication), dated 09.11.2011 No. 490-IV (shall be enforced upon expiry

of ten calendar days after its first official publication).

Article 173. Loss of documents, items containing state secrets

1. Loss of documents containing state secrets, as well as items of information

which constitutes a state secret, the person to whom they were entrusted to service or

work, if the loss is a result of breaches of the rules of treatment of these documents

or items and resulted in major damage or the occurrence of other grave consequences

shall be punished by a penalty up to one thousand monthly calculation indices, or

correctional labor for up to two years, or restraint of liberty for up to four years, or

imprisonment for the same term with the deprivation of the right to occupy certain

positions or engage in certain activities for up to three years.

2. Loss of documents containing official secrets, as well as items, the details of

which are official secrets, the person to whom they were entrusted to service or work,

if the loss is a result of breaches of the rules of treatment of these documents or

items and resulted in major damage or the occurrence of other grave consequences shall

be punished by a penalty up to two hundred monthly calculation indices, or correctional

labor for up to one year, or restraint of liberty for up to one year, or imprisonment

for the same term deprivation of the right to occupy certain positions or engage in

certain activities for a term up to two years or without it.

Footnote. Article 173 is in the wording of the Law of the Republic of Kazakhstan

dated 05.05.2000 No. 47, as amended by the Law of the Republic of Kazakhstan dated

18.01.2011 No. 393-IV (shall be enforced upon expiry of ten calendar days after its

first official publication), dated 09.11.2011 No. 490-IV (shall be enforced upon expiry

of ten calendar days after its first official publication).

Article 174. Evasion of mobilization

1. Evading conscription to mobilize the Armed Forces, other troops and military

formations of the Republic of Kazakhstan shall be punished by imprisonment for a term

not exceeding five years.

2. The same offence, as well as avoidance of further appeals to staff of the Armed

Forces of the Republic of Kazakhstan, committed in wartime shall be punished by

imprisonment for a term of five to ten years.

Chapter 6. Crime against property

Article 175. Theft 1. Theft, that is the secret theft of another's property shall be punished by a

penalty of two hundred to seven hundred monthly calculation indices, or community

service for a period of one hundred and eighty to two hundred forty hours, or by

corrective labor for up to two years, or restraint of liberty for a term up to three

years, or by deprivation of liberty for the same period.

2. Theft is committed:

a) by a group of persons by prior agreement;

b) repeatedly;

c) with an illegal entry into a residential, office or industrial building, store

or vehicle interior;

d) of oil and gas pipelines that are punishable by restraint of liberty for a term

up to five years, or imprisonment for the same term, with confiscation of property or

without it.

3. Theft committed:

a) is excluded by the Law of the Republic of Kazakhstan dated 09.11.2011 No. 490-

IV (shall be enforced upon expiry of ten calendar days after its first official

publication);

b) on a large scale;

c) is excluded by the Law of the Republic of Kazakhstan dated 10.12.2009 No. 227-

IV (shall be enforced from 01.01.2010).

It shall be punished by imprisonment for a term of three to seven years with

confiscation of property.

4. Theft committed:

a) by an organized group;

b) on a large scale - shall be punished by imprisonment for a term of five to ten

years with confiscation of property.

Note.

1. By stealing articles of this Code means taking an ax to grind illegal

uncompensated seizure and (or) treatment of other people's property in favor of the

perpetrator or others, causing damage to the owner or other owner of the property.

2. Large scale or major damage to the articles in this chapter, with the exception

of Articles 184, 184-1 of this Code, shall be the value of the property or the amount of

damage in five hundred times the monthly calculation index, established by the

legislation of the Republic of Kazakhstan at the time of the crime.

2-1. particularly large amount or damage to articles of this chapter shall be the

value of the property or the amount of damage in two thousand times the monthly

calculation index, established by the legislation of the Republic of Kazakhstan at the

time of the crime.

3. Is excluded by the Law of the Republic of Kazakhstan dated 10.12.2009 No. 227-

IV (shall be enforced from 01.01.2010).

4. Is excluded by the Law of the Republic of Kazakhstan dated 10.12.2009 No. 227-

IV (shall be enforced from 01.01.2010).

5. Petty theft of other property belonging to the ownership of the organization or

under its jurisdiction committed by theft, fraud, misappropriation or embezzlement, does

not involve criminal liability. A person guilty of committing it, shall be

administratively liable in accordance with the Law. Petty theft is recognized if the

value of the stolen property does not exceed ten times the monthly calculation index

established by the legislation of the Republic of Kazakhstan at the time of the offence.

Footnote. Article 175 as amended by the Laws of the Republic of Kazakhstan dated

05.05.2000 No. 47, dated 21.12.2002 No. 363, dated 09.12.2004 No. 10, dated 22.11.2005

No. 90 (the order of enforcement see Art. 2), dated 10.12. 2009 No. 227-IV (shall be

enforced from 01.01.2010), dated 06.10.2010 No. 343-IV (shall be enforced upon expiry of

ten calendar days after its first official publication), dated 18.01.2011 No. 393-IV

(shall be enforced upon expiry of ten calendar days after its first official

publication), dated 09.11.2011 No. 490-IV (shall be enforced upon expiry of ten calendar

days after its first official publication).

Article 176. Conversion or Embezzlement of entrusted other people's property

1. Conversion or Embezzlement, that is theft of another's property entrusted to

the offender shall be punished by a penalty of two hundred to five hundred monthly

calculation indices, or community service for a period of one hundred and twenty to one

hundred eighty hours, or by corrective labor for up to two years, or restraint of

liberty for a term up to three years, or by deprivation of liberty for the same period.

2. If the same offences are committed:

a) by a group of persons by prior agreement;

b) repeatedly;

c) by using the service position,

they shall be punished by a penalty of five hundred to one thousand monthly

calculation indices, or restriction of liberty for up to four years, or by imprisonment

for a term of two to five years with confiscation of property or without the deprivation

of the right to occupy certain positions or engage in certain activities for a term to

three years.

3. Offences stipulated by the first or second paragraph of this Article, if

committed:

a) is excluded by the Law of the Republic of Kazakhstan dated 09.11.2011 No. 490-

IV (shall be enforced upon expiry of ten calendar days after its first official

publication);

b) on a large scale;

c) is excluded by the Law of the Republic of Kazakhstan dated 10.12.2009 No. 227-

IV (shall be enforced from 01.01.2010);

d) A person authorized to perform state functions, or equivalent person, if they

involve the use of his official position shall be punished by imprisonment for a term of

five to ten years with confiscation of property and deprivation of the right to occupy

certain positions or engage in certain activities for a term up to three years, and in

the cases provided for in paragraph g) up to seven years.

4. Offences stipulated by the first, second or third paragraph of this Article, if

committed:

a) by an organized group;

b) on a large scale - shall be punished by imprisonment for a term of seven to

twelve years with confiscation of property and deprivation of the right to occupy

certain positions or engage in certain activities for a term up to five years.

Footnote. Article 176 as amended by the Law of the Republic of Kazakhstan dated

21.12.2002 No. 363, dated 25.09.2003 No. 484, dated 10.12.2009 No. 227-IV (shall be

enforced from 01.01.2010), dated 18.01.2011 No. 393-IV (shall be enforced upon expiry of

ten calendar days after its first official publication), dated 09.11.2011 No. 490-IV

(shall be enforced upon expiry of ten calendar days after its first official

publication).

Article 177. Fraud

1. Fraud, that is stealing of someone else's property, or acquisition of the right

to someone else's property by way of fraud or abuse of trust shall be punished by a fine

in an amount from two hundred up to seven hundred monthly calculation indices, or in an

amount of wages or other income of a given convict for a period from two to seven

months, or by engagement in community service for a period of one hundred eighty up to

two hundred forty hours, or by corrective labor for a period up to two years, or by the

detention under arrest for a period up to six months, or by restriction of liberty for a

period up to three years, or by imprisonment for the same period.

2. Fraud is committed as follows:

a) by a group of persons upon a preliminary collusion;

b) repeatedly;

c) with the use of an official position shall be punished by a fine in an amount

from seven hundred up to one thousand monthly calculation indices, or in an amount of

wages or other income of a given convict for a period of five months up to one year, or

by restriction of liberty for a period up to four years, or by imprisonment for a period

for five years with an appropriation of property, or without it.

3. Fraud is committed as follows:

a) is excluded by the Law of the Republic of Kazakhstan dated 09.11.2011 No. 490-

IV (shall be enforced upon expiry of ten calendar days after its first official

publication);

b) on a large scale;

c) is excluded by the Law of the Republic of Kazakhstan dated 10.12.2009 No. 227-

IV (shall be enforced from 01.01.2010);

d) by a person authorized to perform state functions, or equivalent person, if it

involves the use of his (her) official position, -

shall be punished by imprisonment for a term of three to seven years with

confiscation of property.

4. Acts, stipulated in the first, second or third paragraph of this Article, if

committed:

a) by an organized group;

b) in large amount -

shall be punished by imprisonment for a term of five to ten years with

confiscation of property.

Footnote. Article 177 as amended by the Law of the Republic of Kazakhstan dated

21.12.2002 No. 363, dated 09.12.2004 No. 10, dated 07.12.2009 No. 222-IV (the order of

enforcement see Art. 2), dated 10.12.2009 No. 227-IV (shall be enforced from

01.01.2010), dated 18.01.2011 No. 393-IV (shall be enforced upon expiry of ten calendar

days after its first official publication), dated 09.11.2011 No. 490-IV (shall be

enforced upon expiry of ten calendar days after its first official publication).

Article 178. Robbery 1. Robbery that is open stealing of someone else's property shall be punished by

restriction of liberty for a period up to three years, or by the detention under arrest

for a period up to six months, or by imprisonment for a period up to four years.

2. Robbery is committed as follows:

a) with violence which is not dangerous for the life or health of a victim, or

with a threat to apply such violence;

b) repeatedly;

c) by a group of persons by prior agreement;

d) with illegal penetration into residential, service, or production premises or

storage facilities shall be punished by imprisonment for a period from three to seven

years with appropriation of property, or without it.

3. Robbery is committed as follows:

a) is excluded by the Law of the Republic of Kazakhstan dated 09.11.2011 No. 490-

IV (shall be enforced upon expiry of ten calendar days after its first official

publication);

b) on a large scale

c) is excluded by the Law of the Republic of Kazakhstan dated 10.12.2009 No. 227-

IV (shall be enforced from 01.01.2010).

shall be punished by imprisonment for a term of five to ten years with

confiscation of property.

4. Acts, stipulated in the first, second or third paragraph of this Article, if

committed:

a) by an organized group;

b) in large amount -

shall be punished by imprisonment for a term of seven to twelve years with

confiscation of property.

Footnote. Article 178 as amended by the Law of the Republic of Kazakhstan dated

10.12.2009 No. 227-IV (shall be enforced from 01.01.2010), dated 18.01.2011 No. 393-IV

(shall be enforced upon expiry of ten calendar days after its first official

publication), dated 09.11.2011 No. 490-IV (shall be enforced upon expiry of ten calendar

days after its first official publication).

Article 179. Brigandage 1. Brigandage, that is assault for the purpose of stealing of someone else's

property combined with violence dangerous for the life or health of a person who was

exposed to an assault, or with a threat to directly apply such violence shall be

punished by imprisonment for a period from three to seven years with an appropriation of

property, or without it.

2. Brigandage is committed as follows:

a) by a group of persons upon a preliminary collusion;

b) repeatedly;

c) with illegal penetration into residential, service, or production premises or a

warehouse;

d) with the use of weapons or objects used as weapons;

e) with causing grave harm to health shall be punished with deprivation of liberty

for a period from five to twelve years with confiscation of property.

3. Brigandage is committed:

a) is excluded by the Law of the Republic of Kazakhstan dated 09.11.2011 No. 490-

IV (shall be enforced upon expiry of ten calendar days after its first official

publication);

b) with the causation of severe damage to health that entailed death of the victim

due to negligence;

c) for the purpose of stealing of property in a large scale;

d) is excluded by the Law of the Republic of Kazakhstan dated 10.12.2009 No. 227-

IV (shall be enforced from 01.01.2010).

shall be punished by imprisonment for a term of seven to twelve years with

confiscation of property.

4. Acts, stipulated in the first, second or third paragraph of this Article, if

committed:

a) by an organized group;

b) in large amount -

shall be punished by imprisonment for a term of ten to fifteen years with

confiscation of property.

Footnote. Article 179 as amended by the Law of the Republic of Kazakhstan dated

05.05.2000 No. 47, dated 10.12.2009 No. 227-IV (shall be enforced from 01.01.2010),

dated 09.11.2011 No. 490-IV (shall be enforced upon expiry of ten calendar days after

its first official publication).

Article 180. Stealing of Objects Having a Special Value

1. Stealing of objects or documents which have a special historical, scientific,

artistic, or cultural value, regardless of the method of stealing shall be punished by

imprisonment for a period from six to ten years with confiscation of property, or

without it.

2. If the same offence:

a) is committed by a group of persons upon a preliminary collusion or by an

organized group;

b) is committed repeatedly;

c) entailed demolition, damage, or destruction of objects or documents indicated

in the first part of this Article,

it shall be punished by imprisonment for a period from eight to fifteen years with

confiscation of property.

Article 181. Extortion

1. Extortion, that is a demand to transfer someone else's property or the right to

property, or a demand to commit other offences concerning property under the threat of

violence or destruction or damage to someone else's property, as well as under the

threat of distribution of information denigrating a given victim or his relatives shall

be punished by restriction of liberty for a period up to three years, or by detention

under arrest for a period up to six months, or by imprisonment for a period up to four

years with a fine in an amount up to one hundred monthly calculation indices or in an

amount of wages or other income of a given convict for a period up to three months, or

without it.

2. Extortion committed:

a) with violence;

b) by a group of persons upon a preliminary collusion;

c) repeatedly and shall be punished by imprisonment for a period from three to

seven years with confiscation of property, or without it.

3. Extortion committed:

a) is excluded by the Law of the Republic of Kazakhstan dated 09.11.2011 No. 490-

IV (shall be enforced upon the expiry of ten calendar days after its first official

publication);

b) with the causation of severe damage to the health of a victim;

c) for the purpose of receiving property in a large scale;

d) is excluded by the Law of the Republic of Kazakhstan dated 10.12.2009 No. 227-

IV (shall be enforced from 01.01.2010)

shall be punished by imprisonment for a period from five to ten years with

confiscation of property.

4. Offences stipulated by the first, second or third paragraph of this Article, if

they were committed:

a) by an organized group;

b) on an especially large scale shall be punished by imprisonment for a term of

seven to fifteen years with confiscation of property.

Footnote. Article 181 as amended by the Laws of the Republic of Kazakhstan dated

10.12.2009 No. 227-IV (shall be enforced from 01.01.2010), dated 18.01.2011 No. 393-IV

(shall be enforced upon expiry of ten calendar days after its first official

publication), dated 09.11.2011 No. 490-IV (shall be enforced upon expiry of ten calendar

days after its first official publication).

Article 182. Causation of Property Damage by Way of Fraud or Abuse of Trust

1. The cause of property damage to a proprietor or other owner of property by way

of fraud or abuse of trust, in the absence of elements of stealing, is committed:

a) by a group of persons by prior agreement;

b) repeatedly;

c) using the service position, - shall be punished by a fine from four to eight

monthly calculation indices or restriction of freedom for up to three years, or

imprisonment for the same term with a fine of up to one hundred monthly calculation

indices or without it.

2. If the same offence is committed:

a) by an organized group;

b) and caused a considerable damage,

shall be punished by imprisonment for a period to five years with confiscation of

property, or without it.

Footnote. Article 182 is in the wording of the Law of the Republic of Kazakhstan

dated 18.01.2011 No. 393-IV (shall be enforced upon expiry of ten calendar days after

its first official publication).

Article 183. Purchase or Sale of Property Obtained in a Criminal Way

1. Purchase or sale of property without a prior agreement, which is obtained in a

criminal way, that fact being known to the convict shall be punished by a fine in an

amount from fifty to one hundred monthly calculation indices, or in an amount of wages

or other income of a given convict for a period up to one month, or by engaging in

community service for a period from one hundred eighty up to two hundred forty hours, or

by correctional labor for a period up to two years, or by detention under arrest for a

period up to six months with confiscation of property or without the same.

2. The same offence committed as follows:

a) with regard to an automobile or other property in a large amount;

b) by a group of persons upon a preliminary collusion;

c) repeatedly

d) is excluded by the Law of the Republic of Kazakhstan dated 25.01.2012 No. 548-

IV (shall be enforced upon the expiry of ten calendar days after its first official

publication).

shall be punished by restraint of liberty for a term up to three years, or

imprisonment for a term of four years with a fine of up to one hundred monthly

calculation indices or without it, and with confiscation of property or without it.

3. Offences stipulated by the first or second part of this Article committed by an

organized group or by a person with the use of his official position shall be punished

by imprisonment for a period of five years with confiscation of property, or without it.

Footnote. Article 183 as amended by the Law of the Republic of Kazakhstan dated

21.12.2002 No. 363, dated 09.12.2004 No. 10, dated 10.12.2009 No. 227-IV (shall be

enforced from 01.01.2010), dated 06.10.2010 No. 343-IV (shall be enforced upon the

expiry of ten calendar days after its first official publication), dated 18.01.2011 No.

393-IV (shall be enforced upon expiry of ten calendar days after its first official

publication), dated 09.11.2011 No. 490-IV (shall be enforced upon the expiry of ten

calendar days after its first official publication), dated 25.01.2012 No. 548-IV (shall

be enforced upon expiry of ten calendar days after its first official publication).

Article 183-1. Transportation, purchase, sale, storage of oil and oil

products, and refining undocumented confirming the validity of their origin 1. Transportation, purchase, sale, storage of oil and oil products, and oil

refining without proof of the validity of their origin, on a large scale shall be

punished by imprisonment for a term of two to three years with confiscation of property

which is the instrument or the means of committing the crime.

2. The same offences are committed:

a) repeatedly;

b) by an organized group

shall be punished by imprisonment for a term of five to eight years with

confiscation of property or without it condemned, and the property, which is an

instrument or means of committing the crime.

Footnote. The Code is supplemented by Article 183-1 in accordance with the Law

dated 06.10.2010 No. 343-IV (shall be enforced upon expiry of ten calendar days after

its first official publication).

Article 184. Violation of Intellectual Property Rights

1. Illegal use of objects of copyright or related rights, as well as the illegal

use of an invention, useful model, or industrial sample, or the divulgation, without the

consent of a given author or declarant, of the essence of a scientific discovery,

invention, useful model, or industrial sample, prior to official publication of

information concerning them, as well as the illegal appropriation of authorship, or

coercion to co-authorship, if these offences are committed for the purpose of obtaining

profit, or if they inflicted considerable damage shall be punished by a fine in an

amount from one hundred up to five hundred monthly calculation indices, or in an amount

of wages or other income of a given convict for a period from one to five months, or by

engaging in community service for a period from one hundred eighty up to two hundred

forty hours, or by restriction of liberty for a period up to two years.

2. Offences stipulated by the first part of this Article committed repeatedly, or

by a group of persons upon a preliminary collusion, or by an organized group shall be

punished by a fine in an amount from five hundred up to eight hundred monthly

calculation indices, or in an amount of wages or other income of a given convict for a

period from five to nine months, or by the detention under arrest for a period from four

to six months, or by imprisonment for a period up to five years with confiscation of

property, or without it.

3. Illegal use of copyright and (or) related rights by organizing, creating online

resources for further access to the exchange, storage, handling, and copies of works

(or) objects related rights in an electronic digital format, causing considerable damage

shall be punished by a fine of six hundred to eight hundred monthly calculation indices

or community service for a period of two hundred upon two hundred forty hours, or

restraint of liberty for up to one year.

4. Offences stipulated by the second and third paragraphs of this Article are

committed:

a) repeatedly;

b) a group of persons by prior conspiracy or by an organized group;

c) on a large scale, or causing major damage;

d) by a person using his official position, - shall be punishable by imprisonment

for a term of two to five years with confiscation of property or without it.

Footnote. Article 184 is in the wording of the Law of the Republic of Kazakhstan

dated 12.01.2012 No. 537 (shall be upon expiry of ten calendar days after its first

official publication).

Article 184-1. Violation of rights to inventions, utility models, industrial

designs, selection achievement or topology of IC

1. Disclosure without the consent of the author or the application of the

invention, utility model, industrial design, selection achievement or integrated circuit

topography before the official publication of information about them, as well as

attribution of authorship or co-authorship enforcement, if these offences have caused

significant damage to the author or other copyright holder or substantial damage their

rights or legitimate interests are punishable by a fine of one hundred to five hundred

monthly calculation indices or community service for a term of up to one hundred hours,

or restraint of liberty for a term up to two years.

2. Illegal use of an invention, utility model, industrial design, selection

achievement or integrated circuit topography, committed a significant amount -punishable

by a fine of five hundred to seven hundred monthly calculation indices or community

service for a period of one hundred and eighty to two hundred forty hours, or restraint

of liberty for up to one year.

3. If actions envisaged in part two of this article are committed:

a) repeatedly;

b) a group of persons by prior conspiracy or by an organized group;

c) on a large scale, or causing major damage;

d) by a person using his official position, -

shall be punished by imprisonment for a term of two to five years with

confiscation of property or without it.

Note.

1. Offences punishable under Articles 184, 184-1 of this The Law shall be deemed

to cause substantial damage or committed a significant amount if the amount of damage or

the value of the rights to the intellectual property or the cost of copies of copyright

and (or) related rights or products containing inventions, utility models, industrial

designs, selection achievements or integrated circuits, a hundred times the monthly

calculation index, established by the legislation of the Republic of Kazakhstan at the

time of the crime.

2. Offences punishable under Articles 184, 184-1 of this The Law, recognized cause

major damage or committed on a large scale if the amount of the damage or the value of

the rights to the intellectual property or the cost of copies of copyright and (or)

related rights or products containing inventions, utility models, industrial designs,

selection achievements or integrated circuits, five hundred times the monthly

calculation index established by the legislation of the Republic of Kazakhstan at the

time of the crime.

Footnote. The Chapter is supplemented by Article 184-1 in accordance with the Law

of the Republic of Kazakhstan dated 22.11.2005 No. 90 (the order of enforcement see Art.

2 of the Law), as amended by the Laws of the Republic of Kazakhstan dated 10.07.2009 No.

179-IV (the order of enforcement see Art. 2), dated 18.01.2011 No. 393-IV (shall be

enforced upon expiry of ten calendar days after its first official publication), dated

09.11.2011 No. 490-IV (shall be enforced upon expiry of ten calendar days after its

first official publication).

Article 185. Illegal Taking Possession of an Automobile or Other Transport

Vehicle without the Purpose of Stealing

1. Illegal seizure of an automobile or other transport vehicle without the purpose

of stealing (hijacking) shall be punished by restriction of liberty for the period of up

to five years or by deprivation of liberty for the same period.

2. If the same offence is committed as follows:

a) by a group or persons upon a preliminary collusion;

b) repeatedly;

c) with violence which was not dangerous to life or health or with a threat to

apply such violence,

it shall be punished by imprisonment for a period up to five years or imprisonment

for the same period.

3. Offences stipulated by the first or second part of this Article which are

committed by an organized group, or which caused considerable damage shall be punished

by imprisonment for a period from five to ten years.

4. Offences stipulated by the first, second or third part of this Article

committed with violence dangerous to life or health, or with a threat to apply such

violence shall be punished by imprisonment for a period from six to twelve years.

Footnote. Article 185 as amended by the Law of the Republic of Kazakhstan dated

21.12.2002 No. 363, dated 09.12.2004 No. 10, dated 18.01.2011 No. 393-IV (shall be

enforced upon expiry of ten calendar days after its first official publication), dated

09.11.2011 No. 490-IV (shall be enforced upon expiry of ten calendar days after its

first official publication).

Article 186. A Violation of Property Rights of Land

1. An illegal penetration into an alien land plot resulted in the inflicting of

considerable damage to rights and the Law protected interests of citizens or

organizations or the Law protected interests of the society or the state committed to

the application of violence or with a threat of its application by a group of persons or

accompanied by the Lawful search, as well as the Lawful seizure of an alien land plot

shall be punished by a penalty in an amount from two hundred to five hundred monthly

calculation indices or by deprivation of liberty for the period of up to two years, or

by imprisonment for the same period.

2. Actions stipulated by part one of this Article committed by a person with the

use of his official position shall be punished by a penalty in an amount from five

hundred to eight hundred monthly calculation indices or in the amount of wages or by

deprivation of the right to take certain positions or to be engaged in certain activity

for a period from two to five years, or by deprivation of liberty for the period of up

to three years, or by imprisonment for the same period.

Footnote. Article 186 is in the wording of the Law of the Republic of Kazakhstan

dated 09.12.2004 No. 10, as amended by the Law of the Republic of Kazakhstan dated

18.01.2011 No. 393-IV (shall be enforced upon expiry of ten calendar days after its

first official publication).

Article 187. Deliberate Destruction or Causation of Damage to Someone Else's

Property

1. Deliberate destruction or causation of damage to someone else's property, which

inflicted a considerable harm shall be punished by a fine in an amount from fifty to one

hundred monthly calculation indices, or community service for a term from eighty to one

hundred eighty hours, or by corrective labor for up to one year, or by restriction of

freedom for up to two years, or imprisonment for the same term.

2. The same offences are committed as follows:

a) by way of arson, explosion, or other method dangerous for the public;

b) which entailed by negligence the causation of severe or medium gravity damage

to health;

c) committed in relation to the execution by a victim of his service or public

duty, or with regard to his close relatives under the same motives;

d) under the motives of social, national, racial, or religious enmity shall be

punished by correctional labor for a period up to two years, or be a restriction of

liberty up to four years, or by imprisonment for the same period.

3. Offences stipulated by the first or second part of this Article which entailed

the following:

a) the death of a person by negligence;

b) destruction or damage to monuments of history, culture, nature complexes, or

objects protected by the state, as well as objects or documents having a special

historical, scientific, artistic, or cultural value shall be punished by imprisonment

for a period from three to seven years.

Note. Considerable damage shall be understood to mean an amount of damage which

exceeds by one hundred times a monthly calculation index.

Footnote. Article 187 as amended by the Laws of the Republic of Kazakhstan dated

09.12.2004 No. 10, dated 18.01.2011 No. 393-IV (shall be enforced upon expiry of ten

calendar days after its first official publication).

Article 188. Negligent Destruction or Causation of Damage to Someone Else's

Property

1. Destruction or the damaging of someone else's property committed by careless

handling of fire or other sources of increased danger or negligently caused grave

consequences, -

shall be punished by a fine from two hundred to five hundred monthly calculation

indices, or correctional labor for a term from one to two years, or restraint of liberty

for a term up to three years.

Footnote. Article 188 is in the wording of the Law of the Republic of Kazakhstan

dated 18.01.2011 No. 393-IV (shall be enforced upon expiry of ten calendar days after

its first official publication).

Chapter 7. Crimes in the Sphere of Economic Activity

Article 189. Creating Impediments to Legal Entrepreneurial Activity

Footnote. Article 189 is excluded by the Law of the Republic of Kazakhstan dated

09.11.2011 No. 490-IV (shall be enforced upon expiry of ten calendar days after its

official publication).

Article 190. Illegal Entrepreneurship

1. The exercise of illegal entrepreneurial activity without registering or without

a special permit (license), in cases in which such a permit (license) is obligatory, or

in violation of terms of licensing, as well as engage in the prohibiteds of

entrepreneurial activity, if these offences caused a considerable damage to a citizen,

organization, or the state, or if these offences are combined with the receipt of profit

in a large amount, or the production, storage or marketing of excisable goods in

material quantities, -

shall be punished by a fine of five hundred to one thousand monthly calculation

indices, or community service for a period of one hundred eighty to two hundred forty

hours, or by imprisonment for up to two years with a fine of up to fifty monthly

calculation indices or without it.

2. The same offences are:

a) committed by an organized group;

b) accompanied by extraction of profit in an especially large amount;

c) committed repeatedly, -

shall be punished by a fine from one thousand to one thousand fifteen hundred

monthly calculation indices or imprisonment for up to five years with confiscation of

property or without it.

Note.

1. In Articles 190 and 191 of the this Code, profit in a large amount shall be

understood to mean income an amount of which exceeds five hundred monthly calculation

indices, and profit in an especially large amount shall be understood to mean income an

amount of which exceeds two thousand monthly calculation indices.

2. Quantities of which the value exceeds one hundred of monthly calculation

indices shall be recognized as material for the purposes of Article 190 of this Code.

3. In Articles 190, 191, 192-1, 215, 216, 217, 219 and 220 of the this Code, heavy

damage shall be understood to mean damage, caused to the citizen amounting to ten

thousand times exceeding the monthly calculation index, established in accordance with

legislation of the Republic of Kazakhstan for the moment of committing the crime.

4. In Articles 190, 191, 192-1, 215, 216, 217, 219 and 220 of the this Code, heavy

damage shall be understood to mean damage, caused to the citizen amounting to ten

hundred times exceeding the monthly calculation index, established in accordance with

legislation of the Republic of Kazakhstan for the moment of committing the crime.

Footnote. Article 190 as amended by the Laws of the Republic of Kazakhstan dated

16.07.1999 No. 430; dated 21.12.2002 No. 363; dated 12. 07.2009 No. 222-I (the order of

enforcement see Art. 2); dated 12.10.2009 No. 227-IV (shall be enforced from

01.01.2010); dated 18.01.2011 No. 393-IV (shall be enforced upon expiry of ten calendar

days after its first official publication), dated 09.11.2011 ? 490-IV (shall be enforced

upon expiry of ten calendar days after its first official publication).

Article 191. Illegal Banking Activity 1. The exercise of banking activity (banking transactions) without registering or

without a special permit (license), in cases in which such a permit (license) is

obligatory, or in violation of terms of licensing, if this offence inflicted a

considerable damage upon a citizen, organization, or the state, or if this offence is

associated with the extraction of income in a large amount shall be punished by a fine

in an amount from five hundred up to eight hundred monthly calculation indices, or in an

amount of wages or other income of a given convict for a period from five to eight

months, or by imprisonment for a period up to three years with a fine in an amount up to

fifty monthly calculation indices, or in an amount of wages or other income of a given

convict for a period up to one month, or without it.

2. The same offence is:

a) committed by an organized group;

b) associated with the extraction of profit in an especially large amount;

c) committed repeatedly, - shall be punished by imprisonment for a period up to

six months with confiscation of property, or without it.

Footnote. Article 191 as amended by the Law of the Republic of Kazakhstan dated

10.12.2009 No. 227-IV (shall be enforced from 01.01.2010), dated 09.11.2011 No. 490-IV

(shall be enforced upon expiry of ten calendar days after its first official

publication).

Article 192. Fraudulent Entrepreneurship

1. Fraudulent entrepreneurship, that is the creation of a commercial organization

without the intent to exercise entrepreneurial or banking activity, which has a purpose

of receiving loans, exemption from taxes, extraction of other material profit, or

concealing prohibited activity, if such entrepreneurship caused a considerable damage to

a citizen, organization, or the state, -

shall be punished by a fine from six hundred and fifty to two thousand monthly

calculation indices or restriction of freedom for a term from two to five years, or

imprisonment for the same term with a fine of two hundred monthly calculation indices or

without it.

2. The same offences are committed:

a) repeatedly;

b) by the group of persons by previous concert;

c) by person, authorized to carry out state functions, or by the person equated

with him/her, if they are involved with the use of him/her his/her official position, -

shall be punished by a fine from two thousand to five thousand monthly calculation

indices or imprisonment for a term from three to seven years with confiscation of

property.

3. Offences, specified by the part 1 and 2 of the present Article are committed:

a) by an organized group;

b) by the criminal community (criminal organization), - shall be punished by a

fine in an amount up to three thousand monthly calculation indices or by imprisonment

for a period from six to ten years with confiscation of property.

Note.

1. In the present Article and in Article 192-1 of the this Code, the deals

pursuing illegal purposes, shall be understood to mean the deals, aimed to at illegal

credit, evasion of the payment of taxes, suppression of banned activity, illegal income

and (or) deriving another property profit, as well as assistance in committing of the

pointed actions.

2. In the present Article, heavy damage shall be understood to mean the damage,

caused to the citizen in the amount exceeding monthly calculation indices to one

thousand times, or the damage, cause of the organization or the state in the amount

exceeding twenty thousand monthly calculation indices.

Footnote. Article 192 is in the wording of the Law of the Republic of Kazakhstan

dated 08.12.2009 No. 225-IV (the order of enforcement see Art. 2); as amended by the

Laws of the Republic of Kazakhstan dated 18.01.2011 No. 393-IV (shall be enforced upon

expiry of ten calendar days after its first official publication); dated 09.11.2011 No.

490-IV (shall be enforced upon expiry of ten calendar days after its first official

publication).

Article 192-1. Effecting a deal by the private enterprise agent with no

intent to realize entrepreneurial activity

Effecting a deal (deals) (particularly by use of bill) by the private enterprise

agent with no factual execution of work, provision of services, shipment, pursuing

illegal purposes and causing heavy damage to the citizen, organization or the state, -

shall be punished by by a fine from five hundred to two thousand monthly calculation

indices or correctional labor for up to two years, or restraint of liberty for a term up

to two years.

Footnote. The Code is supplemented by the Article 192-1 in accordance with the Law

of the Republic of Kazakhstan dated 08.12.2009 No. 225-IV (the order of enforcement see

Art. 2); as amended by the Laws of the Republic of Kazakhstan dated 18.01.2011 No. 393-

IV (shall be enforced upon expiry of ten calendar days after its first official

publication); dated 09.11.2011 No. 490-IV (shall be enforced upon expiry of ten calendar

days after its first official publication).

Article 193. Legalization of Monetary Funds or Other Property Obtained

Illegally

1. The commission of financial operations and other transactions with monetary

funds or other property obtained illegally, a given guilty party being aware of that

fact, as well as the use of indicated funds or other property in the exercise of

entrepreneurial or other economic activity, -

shall be punished by a fine from five hundred to one thousand monthly calculation

indices or restriction of freedom for up to three years, or imprisonment for the same

term with a fine of up to one hundred monthly calculation indices or without it.

2. The same offences are committed:

a) by a group of persons upon a preliminary collusion;

b) repeatedly;

c) by a person with the use of his/her official position, - shall be punished by a

fine from seven hundred to one thousand monthly calculation indices or imprisonment for

up to five years with confiscation of property or without it.

3. Offences, specified in the first or in the second part of this Article

committed as follows;

a) by a person authorized to perform state functions, or by a person equated to

such person, where those functions are associated with the exercise of his/her office

duties;

b) by an organized group;

c) by a criminal community (a criminal organization) or in large amounts, - shall

be punished by a fine from one thousand to two thousand monthly calculation indices or

imprisonment for a term of three to seven years with deprivation of the right to occupy

certain positions or engage in certain activities for up to three years with

confiscation of property, and in the cases provided for in paragraph a) - up to seven

years with confiscation of property.

Note.

1. In this Article a large amount shall be understood to mean the commission of a

transaction or the use of monetary funds or other property for an amount which exceeds

ten thousand monthly calculation indices.

2. A person who voluntarily reported on legalization of funds or property acquired

in an illegal manner, which is in preparation or has taken place, shall be released from

criminal liability unless his actions contain a set of the criminal elements as provided

for by the second and third part of this Article, or another crime.

Footnote. Article 193 as amended by the Law of the Republic of Kazakhstan dated

16.03.2001 No. 163; dated 25.09.2003 No. 484; dated 09.10.2004 No. 10; dated 07.12.2009

No. 222-IV (the order of enforcement see Art. 2); dated 18.01.2011 No. 393-IV (shall be

enforced upon expiry of ten calendar days after its first official publication); dated

09.11.2011 No. 490-IV (shall be enforced upon expiry of ten calendar days after its

first official publication).

Article 194. Illegal Receipt and Non-Designated Use of a Loan

1. The receipt by an individual entrepreneur or the head of an organization of a

loan, appropriations, or privilege terms of crediting, by way of providing, to a given

bank or other creditor, false information on the economic status, financial situation,

or pledged property of a given individual entrepreneur or organization, or false

information concerning other circumstances which have considerable importance for the

receipt of a loan, appropriations, or privileged terms of crediting, as well as a

failure to notify a given bank or another creditor about information concerning the

emergence of circumstances which may entail the termination of crediting, granting

appropriations, abolition of privileges, or restriction of the amount of a granted loan

or appropriations, if these actions caused a considerable damage, - shall be punished by

a fine from two hundred to five hundred monthly calculation indices, or correctional

labor for up to two years, or imprisonment for the same term.

2. The use of a state targeted loan, or a loan issued against the guarantees of

the state, not according to direct designation, if this offence caused a considerable

damage to a citizen, organization, or the state, - shall be punished by a fine from two

hundred to five hundred monthly calculation indices, or correctional labor for up to two

years, or restraint of liberty for a term up to two years, or imprisonment for the same

term.

Footnote. Article 194 as amended by the Laws of the Republic of Kazakhstan dated

18.01.2011 No. 393- IV (shall be enforced upon expiry of ten calendar days after its

first official publication); dated 09.11.2011 No. 490-IV (shall be enforced upon expiry

of ten calendar days after its first official publication); dated 16.02.2012 No. 557-IV

(shall be enforced upon expiry of ten calendar days after its first official

publication).

Article 194-1. Improper Use of Money, obtained from floating of bonds

Taking the decisions, entailing violation of the bonds determined by prospectus of

present issue share of the condition and the procedure for using the money, obtained

from distributing the bonds, by the issue bodies (issue officials), which are not the

financial organizations, if that offence caused heavy damage for the bondholders, -

shall be punished by a fine from ten thousand to twenty thousand monthly calculation

indices, or correctional labor for up to two years, or imprisonment for the same term.

Note.

Heavy damage in this Article shall be understood to mean the damage in an amount

exceeding ten thousand times monthly calculation indices, established by the legislation

of the Republic of Kazakhstan for the moment of commission of a crime.

Footnote. Chapter 7 is supplemented by Article 194-1 in accordance with the Law of

the Republic of Kazakhstan dated 28.12.2011 No. 524-IV (shall be enforced upon expiry of

ten calendar days after its first official publication).

Article 195. Malicious Evasion from Repayment of Accounts Payable

Footnote. Article 195 is excluded by the Law of the Republic of Kazakhstan dated

18.01.2011 No. 393-IV (shall be enforced upon expiry of ten calendar days after its

first official publication).

Article 196. Monopolistic Actions and Restriction of Competitiveness

1. Establishment and (or) maintaining by the market subjects the exclusively high

(low) or agreed prices, limitations on the resale of purchased from the market entity

with a dominant or monopolistic position, the goods (works, services) on a territorial

basis, range of buyers, the terms of purchase, the amount or prices, market sharing by

territory, assortment of goods (works, services), the volume of their sale or purchase

by groups of sellers or buyers, as well as other actions aimed at restricting

competition if they have caused major harm to a citizen, organization, or state or

involve removing of income on a large scale by the subject of the market, - shall be

punished by a fine in an amount up to one thousand monthly calculation indices, or by

correctional labor for a period up to two years, or restriction of liberty for a period

up to two years.

2. The same offences committed repeatedly, or by a group of persons upon a

preliminary collusion, or by an organized group, or by a person with the use of his

official position, - shall be punished by a fine from one thousand to two thousand

monthly calculation indices or imprisonment for up to three years with deprivation of

the right to occupy certain positions or engage in certain activities for a term up to

three years with or without confiscation of property or without it.

3. Offences, stipulated by the first or second part of this Article which are

committed with violence or a threat to apply it, as well as with destruction or the

damaging of someone else's property, or a threat to destroy or damage it, and in the

absence of elements of extortion, - shall be punished by a fine from two to five

thousand monthly calculation indices or imprisonment for a term of three to seven years

with confiscation of property or without it.

Note.

Income on a large scale in this Article shall be understood to mean the income,

which amount exceeds two hundred thousand monthly calculation indices.

Footnote. Article 196 is in the wording of the Law of the Republic of Kazakhstan

dated 25.12.2008 No. 113 (shall be enforced from 01.01.2009); as amended by the Laws of

the Republic of Kazakhstan dated 18.01.2011 No. 393- IV (shall be enforced upon expiry

of ten calendar days after its first official publication); dated 09.11.2011 No. 490-IV

(shall be enforced upon expiry of ten calendar days after its first official

publication).

Article 197. Malicious Violation of the Established Procedure for Conducting

Public Tenders and Auctions

Footnote. Article 197 is excluded by the Law of the Republic of Kazakhstan dated

18.01.2011 No. 393-IV (shall be enforced upon expiry of ten calendar days after its

first official publication).

Article 198. Deliberately Fraudulent Advertising The use by an advertiser in his advertisements of deliberately false information

regarding goods, work, or services, as well as their producers, performers, or sellers,

which is committed for venal purposes and caused considerable damage, by a person, who

is subject to administrative punishment for committing the same offence within a year -

shall be punished by a fine from two hundred to five hundred monthly calculation

indices, or community service for a period of one hundred and eighty to two hundred

forty hours, or by corrective labor for up to two years, or restraint of liberty for a

term up to two years.

Footnote. Article 198 as amended by the Laws of the Republic of Kazakhstan dated

21.12.2002 No. 363; dated 18.01.2011 No. 393- IV (shall be enforced upon expiry of ten

calendar days after its first official publication); dated 09.11.2011 No. 490-IV (shall

be enforced upon expiry of ten calendar days after its first official publication).

Article 199. Illegal Use of a Trade Mark

1. Illegal use of someone else's trademark, service mark, firm's name, name of the

place of goods' origin, or illegal use of marks similar to them for similar goods or

services, if this offence is committed repeatedly or caused considerable damage, - shall

be punished by a fine from two hundred to five hundred monthly calculation indices, or

community service for a period of one hundred eighty to two hundred forty hours, or by

corrective labor for up to two years.

2. Illegal use of warning instructions with regard to a trade mark, or the name of

the place of goods' origin, which is not registered in the Republic of Kazakhstan, if

this offence is committed repeatedly or caused considerable damage, - shall be punished

by a fine from one hundred to two hundred monthly calculation indices, or community

service for a period of one hundred twenty to one hundred eighty hours, or by corrective

labor for up to one year.

Footnote. Article 199 as amended by the Laws of the Republic of Kazakhstan dated

18.01.2011 No. 393- IV (shall be enforced upon expiry of ten calendar days after its

first official publication); dated 09.11.2011 No. 490-IV (shall be enforced upon expiry

of ten calendar days after its first official publication).

Article 200. Illegal Receipt and Divulgation of Information Constituting a

Commercial or Banking Secret

1. Gathering information which constitutes a commercial or banking secret by way

of theft of documents, subornation or threats to persons who possess the commercial or

banking secret, or their relatives, as well as by way of interception of the means of

communication, illegal penetration into a computer system or network, the use of special

technical means, or by any other illegal method for the purposes of divulgation or

illegal use of such information, - shall be punished by a fine from one hundred to two

hundred monthly calculation indices, or correctional labor for up to two years, or

restraint of liberty for up to one year, or imprisonment for the same term.

2. Illegal Divulgation or the use of information which constitutes a commercial or

banking secret, without the owner's consent, by a person to whom it was trusted due to

his office or position of employment, which is committed for venal purposes or other

personal benefits, and which caused considerable damage, - shall be punished by a fine

from two hundred to five hundred monthly calculation indices, or correctional labor for

a term from one to two years, or restraint of liberty for a term up to three years, or

imprisonment for the same term with a fine of up to one hundred monthly calculation

indices or without it.

Footnote. Article 200 as amended by the Law of the Republic of Kazakhstan dated

18.01.2011 No. 393- IV (shall be enforced upon expiry of ten calendar days after its

first official publication); dated 09.11.2011 No. 490-IV (shall be enforced upon expiry

of ten calendar days after its first official publication).

Article 201. Subornation of Participants and Organizers of Professional Sport

Competitions and Commercial Show Contests

Footnote. Article 201 is excluded by the Law of the Republic of Kazakhstan dated

18.01.2011 No. 393-IV (shall be enforced upon expiry of ten calendar days after its

first official publication).

Article 202. Violation of the Procedure for Issue of Securities

Approval of a securities prospectus which contains deliberately false information,

as well as approval of a deliberately inaccurate report on the issue of securitie, -

shall be punished by a fine from two hundred to five hundred monthly calculation

indices, or correctional labor for a term from one to two years, or restraint of liberty

for a term up to three years, or imprisonment for the same term with a fine of up to one

hundred monthly calculation indices or without it.

Footnote. Article 202 as amended by the Laws of the Republic of Kazakhstan dated

08.07.2005 No. 72 (the order of enforcement see Art. 2); dated 18.01.2011 No. 393- IV

(shall be enforced upon expiry of ten calendar days after its first official

publication); dated 09.11.2011 No. 490-IV (shall be enforced upon expiry of ten calendar

days after its first official publication).

Article 202-1. Failure to Provide Information or Misrepresentation by the

Official of Security Issue

Failing to provide information or making false representations by entities issuing

securities to state bodies and security holders aiming to profit, causing great damage

to the security holders, - shall be punished by a fine from three hundred to five

hundred monthly calculation indices or deprivation of the right to occupy certain

positions or engage in certain activities for a term up to five years, or correctional

labor for up to two years, or restraint of liberty for up to one year with deprivation

of the right to hold certain positions or engage in certain activities for a term up to

three years or without it.

Footnote. The Code is supplemented by Article 202-1 in accordance with the Law of

the Republic of Kazakhstan dated 08.07.2005 No. 72 (the order of enforcement see Art.

2); as amended by the Law of the Republic of Kazakhstan dated 18.01.2011 No. 393- IV

(shall be enforced upon expiry of ten calendar days after its first official

publication); dated 09.11.2011 No. 490-IV (shall be enforced upon expiry of ten calendar

days after its first official publication).

Article 203. Giving False Information on the Register of Securities Holders 1. Giving deliberately false information on the register of securities holders

which entailed the transfer of the rights to those securities to another person, - shall

be punished by a fine from three hundred to five hundred monthly calculation indices, or

correctional labor for up to one year, or by deprivation of the right to occupy certain

positions or engage in certain activities for a term up to three years.

2. The same offence, which caused considerable damage, - shall be punished by a

fine from five hundred to one thousand monthly calculation indices, or correctional

labor for a term from one to two years, or deprivation of the right to occupy certain

positions or engage in certain activities for a term up to five years, or restraint of

liberty for a term up to two years or imprisonment for the same term with deprivation of

the right to occupy certain positions or engage in certain activities for a term up to

three years.

Footnote. Article 203 as amended by the Law of the Republic of Kazakhstan dated

18.01.2011 No. 393- IV (shall be enforced upon expiry of ten calendar days after its

first official publication); dated 09.11.2011 No. 490-IV (shall be enforced upon expiry

of ten calendar days after its first official publication).

Article 204. Providing Deliberately False Information on Securities

Transactions Presentation by the professional participants of the securities market to the

state bodies and security holders of false information on the number ands of securities

held in the personal accounts of holders of securities and transactions in securities in

order to reap the benefits of property, caused large damage, - shall be punished by a

fine from three hundred to five hundred monthly calculation indices, or correctional

labor for up to two years, or deprivation of the right to occupy certain positions or

engage in certain activities for a term up to five years, or restraint of liberty for up

to one year, with disqualification to hold specified positions or engage in certain

activities for a term up to three years or without it.

Footnote. Article 204 as amended by the Law of the Republic of Kazakhstan dated

08.07.2005 No. 72 (the order of enforcement see Art. 2); dated 18.01.2011 No. 393- IV

(shall be enforced upon expiry of ten calendar days after its first official

publication); dated 09.11.2011 No. 490-IV (shall be enforced upon expiry of ten calendar

days after its first official publication).

Article 205. Violation of the Rules for Conducting Securities Transactions

1. Violation of the rules for conducting securities transactions which caused

considerable damage, - shall be punished by a fine from five hundred to one thousand

monthly calculation indices, or deprivation of the right to occupy certain positions or

engage in certain activities for a term up to five years, or restraint of liberty for up

to one year with deprivation of the right to occupy certain positions or engage in

certain activities for up to three years or without it.

2. The same offence, committed repeatedly or by a group of persons upon a

preliminary collusion, or by an organized group, - shall be punished by a fine from one

and two thousand monthly calculation indices, or deprivation of the right to occupy

certain positions or engage in certain activities for a term up to five years, or

restraint of liberty for a term up to three years, or imprisonment for the same term

with the deprivation of the right to hold certain positions or engage in certain

activities for a term up to three years with confiscation of property or without it.

Footnote. Article 205 as amended by the Law of the Republic of Kazakhstan dated

18.01.2011 No. 393- IV (shall be enforced upon expiry of ten calendar days after its

first official publication); dated 09.11.2011 No. 490-IV (shall be enforced upon expiry

of ten calendar days after its first official publication).

Article 205-1. Loss of Documents and Information Composing the System of the

Register Security Holders Loss of documents and information composing the system of the register of security

holders by the person to whom they were entrusted by virtue of their official position

as a result of violation of the storage and use regulations of the pointed documents, -

shall be punished by a fine from two hundred monthly calculation indices, or

correctional labor for up to one year, or by restriction of liberty for up to one year,

or imprisonment for the same term with deprivation of the right to occupy certain

positions or engage in certain activities for a term up to two years or without such

deprivation.

Footnote. Chapter 7 is supplemented by Article 205-1 in accordance with the Law of

the Republic of Kazakhstan dated 12.28.2011 No. 524-IV (shall be enforced upon expiry of

ten calendar days after its first official publication).

Article 206. Manufacture or Distribution of Counterfeit Money or Securities 1. Manufacture or storage for the purpose of distribution, as well as distribution

of counterfeit banknotes and coins of the National Bank of the Republic of Kazakhstan,

state securities, or other securities in the currency of the Republic of Kazakhstan, as

well as counterfeit foreign currency or securities in foreign currency, - shall be

punished by imprisonment for a period up to five years with or without confiscation of

property.

2. If the same offences are committed:

a) by a group of person with pre-planning;

b) repeatedly;

c) on a large scale,

shall be punished by imprisonment for a period from five to ten years with

confiscation of property.

3. Offences, stipulated by the first or second part of this Article which are

committed by an organized group, - shall be punished by imprisonment for a period from

eight to fifteen years with confiscation of property.

Footnote. Article 206 as amended by the Law of the Republic of Kazakhstan dated

January 8, 2007 No. 210.

Article 207. Manufacture or Distribution of Counterfeit Payment Cards or

Other Payment and Settlement Documents

1. Manufacture for the purpose of distribution, or distribution of counterfeit

payment cards, as well as other payment or settlement documents which are not

securities, - shall be punished by imprisonment for up to three years with a fine in the

amount of five hundred to seven hundred monthly calculation indices.

2. If the same offence is committed repeatedly or by an organized group, it shall

be punished by imprisonment for a period from four to seven years with confiscation of

property.

Footnote. Article 207 as amended by the Law of the Republic of Kazakhstan dated

09.11.2011 No. 490-IV (shall be enforced upon expiry of ten calendar days after its

first official publication).

Article 208. Violation of the Procedure and Rules for Marking of Excisable

Goods with Excise Duty Stamps, Counterfeit and Use of Excise Duty Stamps

1. Violation of the procedure and rules for marking excisable goods with excise

duty stamps and (or) the accounting and control stamps, if it caused material harm, -

shall be punished by a fine from five hundred to seven hundred monthly calculation

indices, or correctional labor for a term of one to two years, or deprivation of the

right to occupy certain positions or engage in certain activities for a term up to five

years, or restraint of liberty for a term up to two years, or deprivation freedom for

the same period of deprivation of the right to occupy certain positions or engage in

certain activities for a term up to three years or without it.

2. Manufacture or purchase for the purposes of marketing, and similar uses or

marketing of deliberately counterfeit excise duty stamps and (or) the accounting and

control stamps, - shall be punished by imprisonment for up to three years with a fine in

the amount from five hundred to one thousand monthly calculation indices with the

deprivation of the right to hold certain positions or engage in certain activities for a

term up to three years or without it.

Note.

1. If the damage caused was worth an amount in excess of one hundred monthly

calculation indices this shall be considered as material for the purposes of this

Article.

2. A person, who voluntarily compensated the damage caused, shall be excused from

criminal liability under part one of the present Article, if his/ her actions did not

include elements of other crimes.

Footnote. Article 208 is in the wording of the Law of the Republic of Kazakhstan

dated 16.07.1999 No. 430; as amended by the Law of the Republic of Kazakhstan dated

18.01.2011 No. 393- IV (shall be enforced upon expiry of ten calendar days after its

first official publication); dated 09.11.2011 No. 490-IV (shall be enforced upon expiry

of ten calendar days after its first official publication).

Article 209. Economic Contraband

1. The transfer across the customs border of the Republic of Kazakhstan of goods

or other objects in large quantities, except for those indicated in Article 250 of this

Code, which is committed without customs’ supervision or with concealment from customs,

or with fraudulent use of documents or other forms of custom identification, as well as

the transfer of prohibited, or restricted for transfer across the customs border, goods,

items, or valuables, with regard to which special rules are imposed for transfer in

large quantities and without declaration or with false declaration to the customs, -

shall be punished by a fine from five hundred to one thousand monthly calculation

indices with confiscation of property or without it, or correctional labor for a term

from one to two years, or restraint of liberty for a term up to three years, or

imprisonment for the same term with a fine of up to hundred monthly calculation indices

or without it.

2. If the same offence is committed:

a) repeatedly;

b) by a person using his official position;

c) with violence against a person carrying out customs supervision;

d) on an especially large scale;

e) by a group of person with pre-planning,

shall be punished by imprisonment for a period of up to five years with

confiscation of property.

3. If the offences, specified in the first or second part of this Article are

committed as follows:

a) by a person authorized to carry out state duties, or by a person equated to

such, where those functions are associated with the exercise of his official duties;

b) by an organized group,

shall be punished by deprivation of liberty for a period from three to eight years

or with deprivation of the right to hold certain positions or engage in certain

activities for a period up to three years with confiscation of property, and in the

cases specified in paragraph a), up to seven years with confiscation of property.

Note. Offences, stipulated by this Chapter shall be considered as having been

committed on a large scale, if the value of transferred goods exceeds one thousand

monthly calculation indices.

Footnote. Article 209 as amended by the Laws of the Republic of Kazakhstan dated

25.09.2003 No. 404; dated 09.12.2004 No. 10; dated 07.12.2009 No. 222-IV (the order of

enforcement see Art. 2); dated 30.06. 2010 No. 297-IV (shall be enforced from

01.07.2010); dated 18.01.2011 No. 393- IV (shall be enforced upon expiry of ten calendar

days after its first official publication); dated 09.11.2011 No. 490-IV (shall be

enforced upon expiry of ten calendar days after its first official publication).

Article 210. Trafficking of Valuable Metal, Precious Stones and Pearls

Is excluded by the Law of the Republic of Kazakhstan dated 09.07.1998 No. 277.

Article 211. Violation of Rules of Delivery to the Government of Valuable

Metal and Precious Stones

Is excluded by the Law of the Republic of Kazakhstan dated July 9, 1998 No. 277.

Article 212. Violation of Production and Using Rules of State Touch Marks Is excluded by the Law of the Republic of Kazakhstan dated July 9, 1998 No. 277.

Article 213. Non-Return of Funds in Domestic and Foreign Currency from Abroad

A failure by the head of an organization to return from abroad funds in a foreign

currency in large amounts, which must in accordance with legislation of the Republic of

Kazakhstan be transferred to accounts in a given authorized bank of the Republic of

Kazakhstan, - shall be punished by a fine in the amount from ten and up to twenty

thousand monthly calculation indices, or by imprisonment for a period up to three years.

Note. The offence, stipulated by this Article shall be recognized as having been

committed on a large scale, if an amount of unreturned funds in a foreign currency

exceeds five thousand monthly calculation indices.

Footnote. Article 213 as amended by the Law of the Republic of Kazakhstan dated

04.07.2009 No. 167-IV (the order of enforcement see Art. 2); dated 09.11.2011 No. 490-IV

(shall be enforced upon expiry of ten calendar days after its first official

publication).

Article 214. Evasion of Customs Payments and Levies 1. Evasion of payment of customs duties, taxes, customs levies, levies for the

issue of a license, or other customs payments in large quantities, - shall be punished

by a fine from five hundred to seven hundred monthly calculation indices, or

correctional labor for up to one year, or by restriction of freedom for up to two years.

2. If the same offence is committed:

a) repeatedly;

b) by an official using his position;

c) by an organized group or a criminal association (criminal organization),

shall be punished by a fine from seven hundred to one thousand monthly calculation

indices, or correctional labor for a term from one to two years, or restraint of liberty

for a term up to three years, or restraint of liberty for a term up to three years, or

imprisonment for the same period.

Note.

1. Evasion of customs payments shall be considered as having been committed on a

large scale if the total value of unpaid customs payments exceeds one thousand monthly

calculation indices.

2. A person, who voluntarily repaid the total sum of unpaid taxes, assessed

penalties, the sum of fines established by the legislation of the Republic of Kazakhstan

shall be excused from criminal liability under part one of the present Article, if

his/her actions don’t include elements of other crimes.

Footnote. Article 214 as amended by the Laws of the Republic of Kazakhstan dated

30.06. 2010 No. 297-IV (shall be enforced from 01.07.2010); dated 18.01.2011 No. 393- IV

(shall be enforced upon expiry of ten calendar days after its first official

publication); dated 09.11.2011 No. 490-IV (shall be enforced upon expiry of ten calendar

days after its first official publication).

Article 215. Illegal Actions in Bankruptcy

1. Concealing property or material obligations, as well as information concerning

the property, its value, location, or other information concerning the property,

transferring property into someone else's ownership, disposing of or destroying

property, as well as concealment, destruction, or falsification of accounting or other

reporting documents which record economic activities, - shall be punished by a fine in

the amount from one thousand to one thousand fifteen hundred monthly calculation

indices, or correctional labor for a term from one to two years, or restraint of liberty

for a term up to two years with a fine from seven hundred to one thousand monthly

calculation indices.

2. Wrongful satisfaction of the property claims of individual creditors by manager

or owner of a debtor organization or by individual entrepreneur, who is aware of his/her

actual insolvency (bankruptcy), as well as by a person who had the authority to manage

the property and affairs of an insolvent debtor in bankruptcy proceedings or

rehabilitation proceedings, obviously to the detriment of other creditors if this act

caused large damage, -

shall be punished by a fine from seven hundred to one thousand monthly calculation

indices, or correctional labor for up to one year, or by restriction of freedom for up

to two years, or imprisonment for a term up to three years with a fine in the amount

from three hundred to five hundred monthly calculation indices or without it.

Footnote. Article 215 as amended by the Laws of the Republic of Kazakhstan dated

05.07.2008 No. 60-IV (the order of enforcement see Art. 2); dated 18.01.2011 No. 393- IV

(shall be enforced upon expiry of ten calendar days after its first official

publication); dated 09.11.2011 No. 490-IV (shall be enforced upon expiry of ten calendar

days after its first official publication).

Article 216. Deliberate Bankruptcy Deliberate bankruptcy is the deliberate facilitation of or induction of

insolvency, which is committed by either the head or owner of a commercial organization

or by an individual entrepreneur for personal gain or the benefit of other persons,

which caused considerable damage or other serious consequences, - shall be punished by a

fine from seven hundred to one thousand monthly calculation indices, or restriction of

freedom for up to one year, or by imprisonment for up to three years with a fine in the

amount from three hundred to five hundred monthly calculation indices, or without it.

Footnote. Article 216 as amended by the Laws of the Republic of Kazakhstan dated

05.07.2008 No. 60-IV (the order of enforcement see Art. 2), dated 18.01.2011 No. 393-IV

(shall be enforced upon expiry of ten calendar days after its first official

publication), dated 09.11.2011 No. 490-IV (shall be enforced upon expiry of ten calendar

days after its first official publication).

Article 216-1. Making Oneself Unable to Pay

Intentional action (inaction) of a key participant - the individual, the first

head of a key participant - the legal entity of the insurance (reinsurance) company,

pension fund, bank or persons, permanently, temporarily or by special authorization of

the governing body or executive body of the insurance (reinsurance) organizations,

pension fund, bank, organization, investment management of pension assets, which led to

the bankruptcy that resulted in forced liquidation of the insurance (reinsurance)

company, pension fund, bank,-

shall be punished by a fine in an amount between three and six thousand monthly

calculation indices, or by restriction of liberty for a period up to one year, or by

imprisonment for a period between one year and three years with or without a fine in the

amount between two and four hundred monthly calculation indices.

Footnote. Chapter 7 is supplemented by Article 216-1 in accordance with the Law of

the Republic of Kazakhstan dated 23.10.2008 No. 72-IV (the order of enforcement see Art.

2); as amended by the Laws of the Republic of Kazakhstan dated 18.01.2011 No. 393- IV

(shall be enforced upon expiry of ten calendar days after its first official

publication); dated 09.11.2011 No. 490-IV (shall be enforced upon expiry of ten calendar

days after its first official publication); dated 28.12.2011 No. 524-IV (shall be

enforced upon expiry of ten calendar days after its first official publication).

Article 217. False Bankruptcy

An intentionally false declaration by the head or owner of a commercial

organization or by an individual entrepreneur, of insolvency for the purpose of

misleading creditors, in order to receive a deferral of payments due to creditors or in

order to pay in installments, or to receive a relief from debts, as well as for the

purpose of non-payment of debts, if this act caused considerable damage, - shall be

punished by a fine in the amount between eight hundred and one thousand monthly

calculation indices, or by restriction of liberty for a period up to one year, or by

imprisonment for a period up to three years, with or without a fine in an amount from

three hundred up to five hundred monthly calculation indices.

Footnote. Article 217 as amended by the Laws of the Republic of Kazakhstan dated

05.07.2008 No. 60-IV (the order of enforcement see Art. 2); dated 18.01.2011 No. 393- IV

(shall be enforced upon expiry of ten calendar days after its first official

publication); dated 09.11.2011 No. 490-IV (shall be enforced upon expiry of ten calendar

days after its first official publication).

Article 218. Violation of Accounting Rules of the Republic of Kazakhstan

Evasion of the authorized body for accounting entity of documenting the

information required by the legislation, or making by this person in the accounting

records of false information on the economic and financial activities of the

organization, as well as the destruction of accounting documents to the expiration date,

which caused major damage -

shall be punished by a fine of up to three hundred monthly calculation indices or

correctional labor for up to one year with a fine of up to one hundred monthly

calculation indices.

Footnote. Article 218 as amended by the Laws of the Republic of Kazakhstan dated

28.02.2007 No. 235 (the order of enforcement see Art. 2), dated 18.01.2011 No. 393-IV

(shall be enforced upon expiry of ten calendar days after its first official

publication); dated 09.11.2011 No. 490-IV (shall be enforced upon expiry of ten calendar

days after its first official publication).

Article 219. Submission of Deliberately False Information Concerning Banking

Transactions

Submission of deliberately false information concerning operations under bank

accounts of legal entities or physical persons, as well as the issue of guarantees, or

other obligations unsecured by the actual financial status of a given bank by employees

of a given bank, a guilty party being aware of that fact, if these actions entailed or

could have caused considerable damage to a citizen, organization, or the state shall be

punished by a fine in the amount of between seven hundred and two thousand monthly

calculation indices, or by correctional labor for a period between one year and two

years, or by restriction of liberty for a period up to two years with a fine in an

amount between two hundred and five hundred monthly calculation indices, with

deprivation of the right to hold specified offices or to engage in specified activities

for a period up to three years.

Footnote. Article 219 as amended by the Laws of the Republic of Kazakhstan dated

18.01.2011 No. 393- IV (shall be enforced upon expiry of ten calendar days after its

first official publication); dated 09.11.2011 No. 490-IV (shall be enforced upon expiry

of ten calendar days after its first official publication).

Article 220. Illegal Use of Monetary Funds of a Bank 1. The use by employees of a given bank of its own funds and (or) borrowed funds

for the issue of deliberately uncollectible loans, or for commission to deliberately

unprofitable transactions for a given bank, as well as the granting of baseless

guarantees or ungrounded privileged terms to that bank's client or to other entities, if

these actions caused considerable damage to a citizen, organization, or the state, -

shall be punished by a fine in the amount from five hundred to one thousand monthly

calculation indices, or correctional labor for up to two years, or restraint of liberty

for a term up to three years, or imprisonment for the same term with a fine of up to

three hundred monthly calculation indices or without it, and with deprivation of the

right to occupy certain positions or engage in certain activities for a term up to three

years.

2. Deliberately incorrect or deliberately untimely transfers by a bank employee of

monetary funds, including currency funds to clients' bank accounts, if such an action

caused considerable damage to a citizen, organization, or the state, - shall be punished

by a fine in an amount between one thousand and up to two thousand monthly calculation

indices, or by restriction of liberty for a period up to one year, with a fine in an

amount from one hundred up to two hundred monthly calculation indices, or without it,

and with deprivation of the right to hold specified offices or to engage in specified

activities for a period up to three years.

Footnote. Article 220 as amended by the Laws of the Republic of Kazakhstan dated

23.10.2008 No. 72-IV (the order of enforcement see Art. 2); dated 18.01.2011 No. 393- IV

(shall be enforced upon expiry of ten calendar days after its first official

publication); dated 09.11.2011 No. 490-IV (shall be enforced upon expiry of ten calendar

days after its first official publication).

Article 221. Evasion by a Citizen of Tax and (or) Other Mandatory

Contributions to the Budget

Footnote. Title of Article as amended by the Law of the Republic of Kazakhstan

dated 07.12.2009 No. 222-IV (the order of enforcement see Art. 2).

1. Evasion of tax or other mandatory contributions to the state budget by a

citizen due to failure to submit a declaration of income in the cases where the

submission of the declaration is mandatory or by way of inclusion into the declaration

or other documents connected with the assessment or payment of taxes or other mandatory

contributions to the state budget of deliberately false information on income or

expenditures or on the property which is subject to taxation, if that offence entailed

non-payment of tax or of mandatory payments on a large scale, - shall be punished with a

fine in amount of between two hundred and one thousand monthly calculation indices or

engagement into community service for a period from one hundred and eighty up to two

hundred and forty hours, or correctional labor for a period up to two years, or with

deprivation of liberty for a period up to two years, with or without a fine in amount up

to two hundred monthly calculation indices.

2. If the same offence is committed repeatedly, it shall be punished by a fine in

an amount from five hundred up to three thousand monthly calculation indices, or by

correctional labor for a period up to two years, or by imprisonment for a period up to

three years, with a fine in an amount up to three hundred monthly calculation indices or

without such.

Note.

Non-payment of taxes or other mandatory contributions to the state budget by a

citizen shall be recognized as having been committed on a large scale, if the amount of

unpaid tax or mandatory contributions exceeds five hundred monthly calculation indices.

Footnote. Article 221 as amended by the Laws of the Republic of Kazakhstan dated

05.05.2000 No. 47; dated 16.03.2001 No. 163; dated 07.12.2009 No. 222-IV (the order of

enforcement see Art. 2); dated 18.01.2011 No. 393- IV (shall be enforced upon expiry of

ten calendar days after its first official publication); dated 09.11.2011 No. 490-IV

(shall be enforced upon expiry of ten calendar days after its first official

publication).

Article 222. Evasion of Taxes and (or) Other Mandatory Contributions to the

Budget by an Organization

1. Evasion of tax and (or) other mandatory contributions to the state budget by

organizations, by way of non-submission of a declaration of their aggregate annual

income in cases where the submission of the declaration is mandatory, or by way of

inclusion into the declaration or the documents connected with the assessment and

payment of taxes or other obligatory payments to the state budget of deliberately

distorted information on income or costs, or by way of concealment of other taxable

items or other obligatory payments, or actual location of the organization, if this

offence entailed non-payment of tax or obligatory payments on a large scale, - shall be

punished by a fine in an amount from seven hundred up to one thousand monthly

calculation indices, with deprivation of the right to hold specified offices or to

engage in specified activities for a period up to three years or by imprisonment for a

period between one year and three years, with deprivation of the right to hold specified

offices or to engage in specified activities for a period up to three years, with a fine

in an amount between five hundred and one thousand monthly calculation indices.

2. If the same offence is committed repeatedly, it shall be punished by a fine in

the amount between three and five thousand monthly calculation indices with the

deprivation of the right to occupy certain positions or engage in certain activities for

a term up to three years with confiscation of property or without it, or with

imprisonment for a term from three to five years with deprivation of the right to hold

certain positions or engage in certain activities for a term up to three years with a

fine in the amount from one thousand to two thousand monthly calculation indices, with

confiscation of property.

3. Acts stipulated in the first and (or) the second part of this article, and

committed by a group of persons by prior conspiracy or by an organized group or on a

large scale, -

shall be punished by imprisonment for a period from five to seven years with

deprivation of the right to occupy certain positions or engage in certain activities for

a period up to three years with a fine between three and five thousand monthly

calculation indices or with confiscation of property.

Note.

Non-payment by an organization of taxes or other mandatory contributions to the

state budget shall be considered to have been committed on a large scale, if the amount

of unpaid tax or mandatory contributions exceeds five thousand monthly calculation

indices.

Footnote. Article 222 is in the wording of the Law of the Republic of Kazakhstan

dated 07.12.2009 No. 222-IV (the order of enforcement see Art. 2); as amended by the

Laws of the Republic of Kazakhstan dated 18.01.2011 No. 393- IV (shall be enforced upon

expiry of ten calendar days after its first official publication); dated 09.11.2011 No.

490-IV (shall be enforced upon expiry of ten calendar days after its first official

publication).

Article 222-1. Offences in Relation to the Property, Limited in Disposal on

Account of Back Taxes of Taxpayer

Embezzlement, alienation, concealment, or illegal transfer of property on which

the tax authorities imposed a restriction with regards to its disposal, as well as

refusal to hand over such property in the cases stipulated by the legislation of the

Republic of Kazakhstan, having been committed by a person whose property is limited, as

well as the commission by an employee of a loan organization of banking transactions

with monetary funds (deposits) in relation to which all credit operations had been

suspended by the tax authorities, shall be punished by a fine in an amount of two

hundred monthly calculation indices, or by engaging in community service for a period

between one hundred eighty and two hundred forty hours, or by imprisonment for a period

up to two years.

Footnote. Article 222-1 as amended by the Laws of the Republic of Kazakhstan dated

10.12.2008 No. 101-IV (shall be enforced from 01.01.2009); dated 18.01.2011 No. 393- IV

(shall be enforced upon expiry of ten calendar days after its first official

publication).

Article 223. Deception of Consumers Footnote. Article 223 is excluded by the Law of the Republic of Kazakhstan dated

18.01.2011 No. 393-IV (shall be enforced upon expiry of ten calendar days after its

first official publication).

Article 224. Receipt of Illegal Remuneration

1. Illegal receipt by an employee of a state body or a state-owned organization

who is not a person authorized to carry out state functions or a person equated to such

person, as well as by an employee of a non-state organization who does not exercise

managerial functions, of material remuneration, privileges, or services of a material

nature, for the performance of work or the rendering of a service which are within the

range of his duties, if this offence is accompanied by extortion, - shall be punished by

deprivation of the right to occupy certain positions or engage in certain activities for

a period up to three years or a fine of up to one hundred monthly calculation indices,

or community service for a period of up to one hundred and twenty hours, or correctional

labor for up to one year, or by restriction of liberty for the same period.

2. If the same offence is committed repeatedly or associated with the receipt of

remuneration on a large scale, it shall be punished by deprivation of the right to

occupy certain positions or engage in certain activities for a period up to five years,

or correctional labor for a period of one to two years, or restraint of liberty for a

period up to two years or imprisonment for the same term, with deprivation of the right

to hold certain positions or engage in certain activities for a term up to three years.

Note. Receipt of illegal remuneration shall be considered as having been committed

on a large scale, if the amount received by a given person or the value of services

rendered to him exceeds three hundred monthly calculation indices.

Footnote. Article 224 as amended by the Laws of the Republic of Kazakhstan dated

25.09.2003 No. 484; dated 18.01.2011 No. 393- IV (shall be enforced upon expiry of ten

calendar days after its first official publication); 09.11.2011 No. 490-IV (shall be

enforced upon expiry of ten calendar days after its first official publication).

Article 225. Registration of Illegal Transactions Relating to the Use of

Nature Footnote. Article 225 is excluded by the Law of the Republic of Kazakhstan dated

18.01.2011 No. 393-IV (shall be enforced upon expiry of ten calendar days after its

first official publication).

Article 226. Duress to Complete or to Refuse to Complete a Transaction 1. Duress to complete a transaction or to refuse to complete it under threat of

violence, destruction or damage to someone else's property, as well as distribution of

information which may cause considerable damage to the rights and interests of a given

victim or his relatives, in the absence of elements of distortion, - shall be punished

by restriction of liberty for a period of up to three years, or by imprisonment for a

period of up to two years with a fine in an amount of up to one hundred monthly

calculation indices, or without it.

2. If the same offence is committed:

a) repeatedly;

b) with the use of violence;

c) by an organized group,

it shall be punished by a fine in an amount between one thousand and three

thousand monthly calculation indices or by imprisonment for a period of between two and

six years with or without confiscation of property.

Footnote. Article 226 as amended by the Laws of the Republic of Kazakhstan dated

18.01.2011 No. 393- IV (shall be enforced upon expiry of ten calendar days after its

first official publication); 09.11.2011 No. 490-IV (shall be enforced upon expiry of ten

calendar days after its first official publication).

Article 226-1. Corporate Raiding 1. Illegal acquisition of title to a share in a legal entity, or the assets and

securities of the legal entity or instituting control over a legal entity as a result of

a deliberate distortion of voting results, or impede for free realization of right when

the decision of the higher authority is taken by way of incorporating in the minutes of

the meeting of the session, to deliberately extract from them inaccurate information

concerning the vote, quorum or the voting results or deliberately making result of the

voting or the record of the vote uncertain, blocking or limiting the direct access of a

shareholder, a participant, a member of a regulatory body or member of the executive

body to voting, failing to report information concerning the meeting or session or

reporting inaccurate details of the meeting, session, voting on behalf of a shareholder,

participant or member of the regulatory body acting upon a deliberately forged letter of

attorney, by way of violation, limitation or prejudice of option right of securities and

equally deliberate obstructing when realizing of option right of securities or other

illegal methods, leading to substantial breaches of rights and legal interests of

private and legal state entity’s, - shall be punished by a fine in an amount of five

hundred up to one thousand monthly calculation indices or by restriction of liberty for

a period up to four years or by imprisonment for a period up to five years with

confiscation of property with deprivation of the right to hold specified offices or to

engage in specified activities for a period up to two years.

2. If offences specified in part one of this Article are committed:

a) by a group of person with pre-planning;

b) repeatedly;

c) using one’s professional position,

it shall be punished by a fine in an amount between one thousand and two thousand

monthly calculation indices or by imprisonment for a period between three years and

seven years, with confiscation of property.

3. If the same offence is committed:

a) by an organized group;

b) by a person, authorized to carry out state functions, or by persons subordinate

to him/her, if they are linked with the use of his/her service position, - shall be

punished by imprisonment for a period between seven and ten years, with confiscation of

property, with deprivation of the right to hold specified offices or to engage in

specified activities for a period up to three years.

Footnote. The Code is supplemented by Article 226-1 in accordance with the Law of

the Republic of Kazakhstan dated 11.01.2011 No. 385-IV (shall be enforced upon expiry of

ten calendar days after its first official publication).

Article 227. Illegal Access to Computer Information, and the Creation, Use,

and Distribution of Harmful Programs for Computers 1. Illegal access to computer information which is protected by Law, namely

information on a storage medium, in a computer, computer system, or computer network,

and equally violation of the rules for the operation of a computer, computer system or

their network of persons who have access to the computer, computer system or their

network, if this action entailed destruction, blocking, modification, or the copying of

information, or disruption of the work of a given computer, computer system, or computer

network, - shall be punished by a fine in an amount of between two hundred and five

hundred monthly calculation indices, or by engagement in community service for a period

between one hundred twenty and one hundred eighty hours, or by correctional labor for a

period up to one year, or imprisonment for the same period.

2. The same offence committed by a group of persons with pre-planning, or by an

organized group, or by a person with the use of his professional position, - shall be

punished by a fine in an amount between five hundred and eight hundred monthly

calculation indices, or by correctional labor for a period between one to two years, or

by imprisonment for a period up to three years.

3. The creation of programs for computers, or the introduction of amendments to

existing programs, which deliberately lead to unauthorized destruction, blocking,

modification, or the copying of information, or disruption of the work of a given

computer, computer system, or computer network, as well as the use or distribution of

such programs or storage media carrying such programs, - shall be punished by a fine in

the amount of between five hundred and one thousand monthly calculation indices, or by

correctional labor for a period of up to two years, or by imprisonment for the same

period.

4. Actions stipulated in the third part of this Article which entail serious

consequences caused through negligence, - shall be punished by a fine in an amount of

one thousand and up to two thousand monthly calculation indices, or by imprisonment for

a period up to five years.

Footnote. Article 227 as amended by the Laws of the Republic of Kazakhstan dated

21.12.2002 No. 363; dated 09.11.2011 No. 490-IV (shall be enforced upon expiry of ten

calendar days after its first official publication).

Article 227-1. Illegal Change of Cellular User Identity Code, User

Identification Equipment, as well as Creation, Exploitation, Dissemination of

Programs for Changing of User Identity Code

1. Illegal changing of identity code of user terminal of cellular communication

without a sanction of the producer or its legal owner, creating the counterpart of the

cellular user identification card, - shall be punished by a fine in an amount from two

hundred up to five hundred monthly calculation indices, or by engaging in community

service for a period from one hundred twenty up to one hundred eighty hours, or by

correctional labor for a period up to one year.

2. Illegal creation, exploitation, dissemination of programs, enabling to change

user identification code of the cellular user identification code, to create the

counterpart of cellular user identification card, - shall be punished by a fine in an

amount of five hundred up to eight hundred monthly calculation indices, or by

correctional labor for a period from one to two years, or by imprisonment for a period

up to two years.

3. If the same offences were committed:

a) by a group of person with pre-planning;

b) repeatedly;

c) is excluded by the Law of the Republic of Kazakhstan dated 12.10.2009 No. 227-

IV (shall be enforced from 01.01.2010).

it shall be punished by a fine in an amount from one thousand up to two thousand

monthly calculation indices or by imprisonment for a period from three years with

confiscation of property or without it.

Footnote. The Code is supplemented by Article 227-1 in accordance with the Law of

the Republic of Kazakhstan dated 08.01.2007 No. 210; as amended by the Laws of the

Republic of Kazakhstan dated 10.12.2009 No. 227-IV (shall be enforced from 01.01.2010):

dated 18.01.2011 No. 393- IV (shall be enforced upon expiry of ten calendar days after

its first official publication); dated 09.11.2011 No. 490-IV (shall be enforced upon

expiry of ten calendar days after its first official publication).

Chapter 8. Crimes against the Interests of Service in Commercial and Other

Organizations

Article 228. Abuse of Authority

The use by a person, who exercises managerial functions in a commercial or other

organization, of his (her) authority against the legitimate interests of that

organization and for the purposes of deriving profit and advantages for himself or other

persons or organizations, or harm another person or organization, if this caused

considerable damage to the rights and legitimate interests of society or the state, it

shall be punished by a fine of five hundred to eight hundred monthly calculation

indices, or community service for a period of one hundred eighty to two hundred forty

hours, or by corrective labor for a period from one to two years, or restrain of liberty

for up to four years, or with deprivation of liberty for the same term.

Note. A person who permanently, temporarily or on the basis of a special

authorization exercises organizational, managerial or administrative and economic

functions of an organization, which is not a state body, a local self-government or an

organization in which the share of the state is not less than fifty per cent, shall be

recognized as a person, exercising managerial functions of a commercial or other

organization by the Articles of this Code.

Footnote. Article 228 as amended by the Laws of the Republic of Kazakhstan dated

25.09.2003 No. 484, dated 07.12.2009 No. 222-IV (the order of enforcement see Article

2), dated 18.01.2011 No. 393-IV (shall be enforced upon expiry of ten calendar days

after its first official publication), dated 09.11.2011 No. 490-IV (shall be enforced

upon expiry of ten calendar days after its first official publication), dated 01.02.2012

No. 551-IV (shall be enforced upon expiry of ten calendar days after its first official

publication).

Article 229. Abuse of Power by Private Notaries, Officers of the Court and

Auditors, who are working in the auditor organizations

Footnote. The Title as amended by the Law of the Republic of Kazakhstan dated

02.04.2010 No. 262-IV (shall be enforced from 21.10.2010).

1. The use by a private notary, officer of the court, or auditor, who works in the

audit organization, or a head of this organization of their authority against their

activities and takes, in order to reap the benefits and advantages for themselves or

other persons or organizations, or harm to other persons or organizations, if this

action caused considerable damage to the rights and legitimate interests of citizens or

organizations, or legally protected interests of society or the state, - shall be

punished by a fine in an amount from five hundred to eight hundred monthly calculation

indices, or community service for a period of one hundred eighty to two hundred forty

hours, or by corrective labor for a period from one to two years, or restrain of liberty

for a term up to two years, or imprisonment for the same period with deprivation of the

right to occupy certain positions or engage in certains of activity for a period up to

three years.

2. The same offence committed against a minor or an incapacitated person, or

committed repeatedly, - shall be punished by a fine in an amount from seven hundred to

one thousand monthly calculation indices, or restriction of liberty up to four years, or

by imprisonment for the same period with deprivation of the right to occupy certain

positions or engage in certains of activity for a term up to three years.

Footnote. Article 229 as amended by the Laws of the Republic of Kazakhstan dated

05.05.2006 No. 139 (the order of enforcement see Article 2 of the Law of the Republic of

Kazakhstan No. 139), dated 02.04.2010 No. 262-IV (shall be enforced from 21.10.2010),

dated 18.01.2011 No. 393-IV (shall be enforced upon expiry of ten calendar days after

its first official publication), dated 09.11.2011 No. 490-IV (shall be enforced upon

expiry of ten calendar days after its first official publication).

Article 230. Excess of power by employees of Private Security Services

1. Exceeding the lawful authority by the head or an employee of a private security

service, which is granted to them in accordance with a license, contrary to the

objectives of their activity, if this offence is committed with violence or a threat of

violence, - shall be punished by restriction of liberty for a period up to three years,

or by imprisonment for a period up to five years with deprivation of the right

to occupy certain positions or engage in certains of activity for a period up to

three years, or without it.

2. The same offence committed with the use of weapons or special means, or which

caused serious consequences, - shall be punished by imprisonment for a period from three

to eight years, with deprivation of the right to occupy certain positions or engage in

certains of activity for a period up to three years.

Footnote. Article 230 as amended by the Law of the Republic of Kazakhstan dated

18.01.2011 No. 393-IV (shall be enforced upon expiry of ten calendar days after its

first official publication).

Article 231. Commercial bribery

1. Illegal transfer to a person, who exercises managerial functions in a

commercial or other organization, money, securities, or other property, as well as

illegal provision of the property-related services for the use of his (her) official

position, as well as for general patronage or connivance in the interests of the person,

committing bribery, - shall be punished by a fine in the amount from five hundred to

eight hundred monthly calculation indices, or restriction of liberty for a period up to

two years, or imprisonment up to three years.

2. The same offences committed repeatedly or by a group of persons by prior

conspiracy, or by an organized group, - shall be punished by a fine from eight hundred

to one thousand monthly calculation indices, or restriction of liberty for a period of

up to three years, imprisonment for a period up to five years.

3. Illegal acquisition by the person who exercises managerial functions in a

commercial or other organization, money, securities, or other property, as well as the

use of property-related services for the use of his (her) official position, as well as

for general patronage or connivance in the interests of the person carrying out bribery,

- shall be punished by a fine of one thousand to two thousand monthly calculation

indices, or deprivation of the right to occupy certain positions or engage in certains

of activity for a period up to two years, or restrain of liberty for a period up to

three years, or imprisonment for a period up to five years.

4. If the actions stipulated by the third part of this Article are committed:

a) by a group of persons by prior conspiracy or by an organized group;

b) repeatedly;

c) involving extortion;

d) on a large scale,

shall be punished by a fine in the amount of two thousand to three thousand

monthly calculation indices, or deprivation of the right to occupy certain positions or

engage in certains of activity for a period up to five years, or imprisonment for a

period up to six years with confiscation of property or without it, and with the

deprivation of the right to occupy certain positions or engage in certains of activity

for a period up to three years.

5. Offences, stipulated by the third and fourth parts of this Article, if

committed on an especially large scale, - shall be punished by a fine in the amount from

three thousand to five thousand monthly calculation indices, or with the deprivation of

the right to occupy certain positions or engage in certain activities for a term up to

five years, or imprisonment for a term of four to eight years with confiscation of

property or without deprivation of the right to hold certain positions or engage in

certain activities for a term up to five years.

Note.

1. The person who committed the offences stipulated by the first or second part of

this Article shall be exempt from criminal liability if there was duress (it took place)

in relation to him, or if that person voluntarily informed the bribery authority with

the power to initiate criminal proceedings.

2. A transfer or receipt of property, rendering of services in relation to

property or the use of such services as a gift or in exchange for remuneration, provided

there is no prior collusion for prior committed offences, if the value of the property

or services does not exceed two monthly calculation indices, shall not be recognized as

a crime by virtue of insignificance and it shall be prosecuted through the disciplinary

or administrative procedure.

3. The amount of illegally obtained money, securities and other property is

considered to be large by this Article the amount of money, the value of securities or

other assets or property benefits is in excess of five hundred monthly calculation

indices.

4. Under the particularly large amount of illegally obtained money, securities,

other property are recognized by this Article the amount of money, the value of

securities or other assets or property benefits, that exceed two thousand monthly

calculation index.

Footnote. Article 231 as amended by the Laws of the Republic of Kazakhstan dated

05.05.2000 No. 47, dated 07.12.2009 No. 222-IV (the order of enforcement see Article 2),

dated 18.01.2011 No. 393-IV (shall be enforced upon expiry of ten calendar days after

its first official publication), dated 09.11.2011 No. 490-IV (shall be enforced upon

expiry of ten calendar days after its first official publication).

Article 232. Dishonest Attitude towards Obligations

Non-performance or improper performance by the person, who is performing

managerial functions in a commercial organization, and fraudulent or neglect performance

of their duties, are punishable by a fine of seven hundred to one thousand monthly

calculation indices, or restraint of liberty for a term of up to five years, or

imprisonment for the same term with the deprivation of the right to occupy certain

positions or engage in certain activities for a term up to three years or without it if

this caused death or other grave consequences.

Footnote. Article 232 as amended by the Law of the Republic of Kazakhstan dated

18.01.2011 No. 393-IV (shall be enforced upon expiry of ten calendar days after its

first official publication).

Chapter 9. Crimes against Public Safety and Public Order

Article 233. Terrorism

1. To cause an explosion, arson, or commit any other acts which endanger people’s

lives, cause considerable material damage, or other consequences dangerous for the

public, as well as a threat of commission of such offences, shall be punished by

deprivation of liberty for a period from four to ten years if these actions are

committed with the intention to disrupt public safety, intimidate the population, or to

exercise duress on state bodies of the Republic of Kazakhstan, foreign states or

international organization to adopt certain decisions.

2. If the same offences are committed:

a) repeatedly;

b) by the use of weapons or objects used as weapons, explosives or explosive

devices that may pose a real threat to the life and health of citizens, - shall be

punished by deprivation of liberty for a period from seven to twelve years.

3. If the offences stipulated by the first or second part of this Article are:

a) accompanied with the use of, or a threat to use weapons of mass destruction,

radioactive materials and the commission of, or a threat to commit mass poisoning,

spread of epidemics or epizootics and equally other actions which may entail mass

destruction of people;

b) caused through negligence the death of a person or had other serious

consequences, - shall be punished by deprivation of liberty for a period from ten to

fifteen years.

4. An attempt upon the life of an individual committed for the purposes of

violating public security, intimidation of the population or duress on state authorities

of the Republic of Kazakhstan, foreign state or international organization to adopt

certain decisions, and also an attempt upon the life of a state or public activist,

committed for the same purposes, as well as for the purposes of terminating his state or

other political activity or out of revenge for such activity, - shall be published by

deprivation of liberty for a period from fifteen to twenty years or by death penalty, or

life imprisonment.

Note.

1. A person who participated in the organization of a terrorism offence shall be

exempt from criminal liability, if he, by giving a timely warning to state bodies, or by

another method, contributed to the prevention of such an offence of terrorism, unless

the actions of that person contained corpus delicti of another crime.

2. Terrorist crimes are crimes which are confessed under Articles 162, 163, 166-1,

167, L 171, 233, 233-1, 233-2, 233-3, 234, 238, 239 of this Code.

Footnote. Article 233 is in the wording of the Law of the Republic of Kazakhstan

dated 19.02.2002 No.295; as amended by the Laws of the Republic of Kazakhstan, dated

08.07.2005 No. 67 (the order of enforcement see Art. 2), dated 10.07.2009 No. 175-4 (the

order of enforcement see Art. 2), dated 14.06.2010 No. 290-4 (the order of enforcement

see Art. 2), dated 29.12.2010 No. 372-4 (shall be enforced upon expiry of ten calendar

days after its first official publication), dated 29.11.2011 No. 502-4 (shall be

enforced upon expiry of ten calendar days after its first official publication).

Article 233-1. Promotion of Terrorism or Public Appeals for to Commit a

Terrorism Offences 1. Promotion of terrorism or public appeals to commit a terrorism offence, and

equal distribution of materials of mentioned contents, - shall be punished by

deprivation of liberty for a period from three up to seven years.

2. If the same offences were committed by a person with the use of his

professional position or by a head of a public association or with the use of mass

media, it shall be punished by deprivation of liberty for a period from five to ten

years.

Footnote. Supplemented by Article 233-1 in accordance with the Law of the Republic

of Kazakhstan dated 19.02.2002 No.295; as amended by the Law of the Republic of

Kazakhstan dated 29.11.2011 No.502-4 (shall be enforced upon expiry of ten calendar days

after its first official publication).

Article 233-2. Formation, Leadership of a Terrorist Group and Participation

in Its Activity 1. Formation of a group for the commission of crimes which pursue terrorist

objectives (a terrorist group) and its leadership, - shall be punished by deprivation of

liberty for a period from eight to fifteen years, with or without confiscation of

property.

2. Participation in the activities of a terrorist group or in acts of terrorism

committed by the group, - shall be punished by deprivation of liberty for a period from

six to twelve years, with or without confiscation of property.

3. Offences, specified in the first or second parts of this Article committed by a

person using his professional position or by the head of a public association, - shall

be punished by deprivation of liberty for a period from ten to fifteen years, with or

without confiscation of property.

Footnote. Supplemented by Article 233-2 in accordance with the Law of the Republic

of Kazakhstan dated 19.02.2002 No.295.

Article 233-3. Financing terrorist or extremist activities and other

assistance to terrorism or extremism

1. Deliberate provision or collection of money and (or) other property rights to

the property or property benefits, as well as gift, exchange, donation, sponsorship and

charity, offering information and other kinds of services, or the provision of financial

services to individual, group of individuals or terrorist or extremist organizations for

terrorist or extremist activities, - shall be punished by imprisonment for up to five

years.

2. The same offences committed repeatedly shall be punished by imprisonment for a

term of three to eight years with confiscation of property.

Note.

A person funding the terrorist or extremist activities and providing other

assistance to terrorism or extremism under threat of violence and who voluntarily

reported it, and actively contributed to the disclosure or suppression of crime shall be

exempt from criminal liability if his actions have no elements of a crime.

Footnote. Article 233 - 3 is in the wording of the Law of the Republic of

Kazakhstan dated 29.11.2011 No. 502 - 4 (shall be enforced upon expiry of ten calendar

days after its first official publication).

Article 233-4. Recruitment or training of persons or supply of weapons to a

terrorist or extremist 1. Recruitment or training of persons or supply of weapons to a terrorist or

extremist, - shall be punished by imprisonment for a period from six to twelve years

with confiscation of property.

2. If the same offence was committed by a person using his or her position or

against a minor it shall be punished by imprisonment for a term of eight to fifteen

years with confiscation of property.

Footnote. The Code is supplemented by the Article 233-4 in accordance with the Law

of the Republic of Kazakhstan dated 29.11.2011 No. 502-4 (shall be enforced upon expiry

of ten calendar days after its first official publication).

Article 234. Taking of Hostages

1. Taking or detaining a person as a hostage, committed for the purposes of

coercing the state, an organization or a citizen, to commit certain actions, or not to

commit a certain action, as a condition of that hostage's release, - shall be punished

by imprisonment for a period from three to eight years.

2. If the same offence was committed:

a) by a group of persons with pre-planning;

b) repeatedly;

c) with the use of violence endangering life or health;

d) with the use of weapons or objects used as weapons;

e) against an underage person, a guilty party being aware of his age;

f) against a pregnant woman, a guilty party being aware of that fact;

g) against a person in a helpless state, a guilty party being aware of that fact;

h) against two or more persons;

i) for venal purposes or for hire,

- shall be punished by imprisonment for a period from seven to twelve years.

3. Offences, stipulated by the first or second part of this Article, if they are

committed by an organized group, or caused through negligence the death of a person or

had other serious consequences, - shall be punished by imprisonment for a period from

ten to fifteen years.

Note.

A person, who voluntarily or by demand of the state administrative authorities,

released a hostage, shall be exempted from criminal liability, unless his actions

contain elements of another crime.

Article 235. The Creation and Guidance of an Organized Criminal Group or

Criminal Association (Criminal Organization), and Participation in a Criminal

Association

1. The creation of an organized criminal group, as well as the leadership, it

shall be punished by imprisonment for a period from twelve up to fifteen years.

2. Participation in a criminal association (criminal organization) to commit one

or more crimes shall be punished by imprisonment for a period from five up to ten years.

3. Offences stipulated by the first, second or third part of this Article, which

are committed by a person with the use of his official position, - shall be punished by

imprisonment for a period from eight up to thirteen years with confiscation of property.

Note. Articles 235, 235-1, 235-2, 235-3, 237 of this Code, the person who has

ceased to participate in an organized group, a criminal association (criminal

organization), transnational groups, transnational criminal community (transnational

criminal organizations) or stable armed group (band) and has actively contributed to the

disclosure and suppression of crimes being committed by an organized group, a criminal

association (criminal organization), transnational groups, transnational criminal

organization (transnational criminal organization) or a stable armed group (band) is

exempt from criminal liability, if his actions are no elements of a crime.

Footnote. Article 235 is in the wording of the Law of the Republic of Kazakhstan

dated 29.11.2011 No. 502-IV (shall be enforced upon expiry of ten calendar days after

its first official publication).

Article 235-1. Creation and direction of a criminal community (criminal

organization), as well as participation in it 1. Creation or management of a criminal association (criminal organization), as

well as the creation of union leaders or other members of organized groups or

coordination of criminal offences independently organized groups operating in the

commission of one or more offences, - shall be punished by imprisonment for a term of

twelve to fifteen years with confiscation of property.

2. Participation of the leaders of organized criminal groups in the community

(criminal organization), - shall be punished by imprisonment for a term of eight to

twelve years with confiscation of property.

3. Participation in the meeting the leaders, other members of organized groups to

coordinate criminal activities including the use of means of communication - shall be

punished by imprisonment for a term of twelve to twenty years with confiscation of

property.

4. Offences stipulated by the first or second paragraph of this Article, committed

by a person using his official position, - shall be punished by imprisonment for a term

of twelve to twenty years with confiscation of property.

5. Offences stipulated by the first, second or third paragraph of this article,

committed by a person holding a leading position among the leaders of organized groups

shall be punished by imprisonment for a term of fifteen to twenty years or life

imprisonment with confiscation of property.

Note.

1. Under the coordination of criminal activity should understand their negotiation

between organized groups for a joint commission of crimes (networking among leaders or

other participants in organized groups, development of plans, the conditions for crime

and the criminal division of the spheres of influence, the proceeds of crime.)

2. The person holding the lead is a person endowed with the leaders of organized

groups the authority to coordinate criminal activity.

Footnote. The Code is supplemented by Article 235-1 in accordance with the Law

dated 29.11.2011 No. 502-IV (shall be enforced upon expiry of ten calendar days after

its first official publication).

Article 235-2. Creation and management of transnational organized group to

commit one or more crimes, as well as participation in it 1. Creation of transnational organized group in order to commit one or more

crimes, as well as its governance, - shall be punished by imprisonment for a term of ten

to fifteen years with confiscation of property.

2. Participation in transnational organized group created to commit one or more

crimes, - shall be punished by imprisonment for a term of eight to twelve years with

confiscation of property.

3. Offences, stipulated by the first or second paragraph of this Article are

committed by a person using his official position, - shall be punished by imprisonment

for a term of twelve to twenty years with confiscation of property.

Footnote. The Code is supplemented by Article 235-2 in accordance with the Law of

the Republic of Kazakhstan dated 29.11.2011 No. 502-IV (shall be enforced upon expiry of

ten calendar days after its first official publication).

Article 235-3. Creation and management of transnational criminal association

(Transnational criminal organization), as well as participation in it 1. Creation of a transnational criminal group (transnational criminal

organizations), as well as guide them, - shall be punished by imprisonment for a term of

fifteen to twenty years with confiscation of property.

2. Participation in the transnational criminal community (transnational criminal

organizations), - shall be punished by imprisonment for a term of ten to fifteen years

with confiscation of property.

3. Offences, stipulated by the first or second paragraph of this Article are

committed by a person using his official position, - shall be punished by imprisonment

for a term from seventeen to twenty years with confiscation of property.

Footnote. The Code is supplemented by Article 235-3 in accordance with the Law of

the Republic of Kazakhstan dated 29.11.2011 No. 502-IV (shall be enforced upon expiry of

ten calendar days after its first official publication).

Article 235-4. Financing activities of organized groups, criminal association

(criminal organization) or transnational organized groups, transnational

criminal community (transnational criminal organization) or stable armed group

(band), as well as the collection, storage, distribution of property,

development financing channels

1. Financing activities of organized groups, criminal association (criminal

organization) or transnational organized groups, transnational criminal community

(transnational criminal organizations) or stable armed group (band), - shall be punished

by imprisonment for a term from three to six years with confiscation of property.

2. Collection, storage, distribution of assets, and the development of channels of

financing committed by members of organized groups, criminal association (criminal

organization) or transnational organized groups, transnational criminal groups

(transnational criminal organizations) or stable armed group (band), - shall be punished

with imprisonment from five to ten years with confiscation of property.

3. Actions envisaged in parts one and two of this Article, if committed by a

person using his official position, - shall be punished by imprisonment for a term of

seven to twelve years, with deprivation of the right to occupy certain positions or

engage in certain activities for a term of seven to ten years with confiscation of

property.

Note.

1. Under the funding of organized groups, criminal association (criminal

organization), transnational groups, transnational criminal groups (transnational

criminal organizations) or stable armed group (band) to be the provision of property,

financial services organized group, a criminal association (criminal organization),

transnational organized group, transnational criminal groups (transnational criminal

organizations) or stable armed group (band) for the implementation of criminal activity.

2. The person performing the financing of organized groups, criminal association

(criminal organization), transnational groups, transnational criminal groups

(transnational criminal organizations) or stable armed group (band) under the threat of

violence and voluntarily reported it, exempt from criminal liability if his actions

contain elements of another crime.

Footnote. The Code is supplemented by Article 235-4 in accordance with the Law of

the Republic of Kazakhstan dated 29.11.2011 No. 502-IV (shall be enforced upon expiry of

ten calendar days after its first official publication).

Article 236. The Organization of an Illegal Paramilitary Formation

1. The creation of an illegal paramilitary formation (union, brigade, squad, or

other group), as well as the guidance of such a formation, - shall be punished by

imprisonment for a period from two to seven years.

2. Participation in an illegal paramilitary formation (union, brigade, squad, or

other group), - shall be punished by restriction of liberty for a period up to three

years, or by imprisonment for the same period.

Note.

A person who voluntarily terminated his participation in an illegal paramilitary

formation, and surrendered his weapons and military equipment, shall be exempt from

criminal liability, unless his actions contain elements of another crime.

Footnote. Article 236 as amended by the Laws of the Republic of Kazakhstan dated

21.12.2002 No. 363, dated 18.01.2011 No. 393-IV (shall be enforced upon expiry of ten

calendar days after its first official publication).

Article 237. Banditism 1. The creation of a stable armed group (gang) for the purposes of assault upon

the citizens or organizations, as well as the leadership of such a group (gang), - shall

be punished by imprisonment for a period from twelve to twenty years with confiscation

of property.

2. Participation in a stable armed group (gang) or in assaults committed by it

shall be punished by imprisonment for a period from ten to fifteen years with

confiscation of property.

3. Offences, stipulated by the first or second part of this Article are committed

by a person with the use of his official position, - shall be punished by imprisonment

for a period from fifteen to twenty years with confiscation of property.

Article 238. Seizure of Buildings, Installations, or Means of Communication

Footnote. Title is in the wording of the Law of the Republic of Kazakhstan dated

29.12.2010 No. 372-IV (shall be enforced upon expiry of ten calendar days after its

first official publication).

1. Seizure of buildings, installations, or means of communication, or their

retention, as well as their capture, - shall be punished by restriction of liberty for a

period up to five years, or by imprisonment for a period for the same period.

2. The same offences are committed:

a) by a group of persons upon a preliminary collusion;

b) repeatedly;

c) with violence dangerous for the life or health;

d) with the use of weapons or objects used as weapons;

e) for venal purposes or for hire

f) in respect of buildings of state bodies or government agencies shall be

punished by imprisonment for a period from seven to twelve years with confiscation of

property, or without it.

3. The offence specified in the first or second part of this Article where they

are committed by an organized group or entailed due to the negligence death of

individual or other grave consequences, - shall be punished with deprivation of liberty

for a period from eight to fifteen years with confiscation of property or without it.

Footnote. Article 238 as amended by the Law of the Republic of Kazakhstan dated

29.12.2010 No. 372-IV (shall be enforced upon expiry of ten calendar days after its

first official publication).

Article 239. Hijacking or Seizure of an Aircraft or Sea craft or a Railway

Rolling Stock 1. Hijacking of an air or sea craft, or a railway rolling stock, as well as the

seizure of such a craft or a train with the purposes of hijacking, - shall be punished

by imprisonment for a period from two to eight years.

2. The same offences committed:

a) by a group of persons upon a preliminary collusion;

b) repeatedly;

c) with violence which is dangerous for the life or health, or with a threat to

apply such violence;

d) with the use of weapons or objects used as weapons, - shall be punished by

imprisonment for a period from seven to twelve years.

3. Offences stipulated by the first or second part of this Article if they are

committed by an organized group, or entailed by negligence the death of a person or

other serious consequences, - shall be punished by imprisonment for a period from eight

to fifteen years.

Article 240. Piracy 1. An attack upon a sea or a river vessel for the purpose of getting possession of

someone else's property, which is committed with violence or a threat to apply it, -

shall be punished by imprisonment for a period from five to ten years.

2. The same offence committed repeatedly or with the use of weapons or objects

used as weapons, - shall be punished by imprisonment for a period from eight to twelve

years with confiscation of property.

3. Offences stipulated by the first or second part of this Article, if they are

committed by an organized group, or if they entailed by negligence the death of a person

or other serious consequences, - shall be punished by imprisonment for a period from ten

to fifteen years with confiscation of property.

Article 241. Mass Unrest

1. The organization of mass unrest which is accompanied by violence, arsons,

wrecking, destruction of property, the use of firearms, explosives, or explosion

devices, as well as by armed resistance to a representative of the state authorities,-

shall be punished by imprisonment for a period from four to ten years.

2. Participation in mass unrest stipulated by the first part of this Article, -

shall be punished by imprisonment for a period from three to eight years.

3. Exhortations to active non-compliance with legal requirements of

representatives of the state authorities, as well as exhortations to mass unrest, as

well as to violence against citizens, - shall be punished by restriction of liberty for

a period up to two years, or by imprisonment for a period up to three years.

Footnote. Article 241 as amended by the Law of the Republic of Kazakhstan dated

18.01.2011 No. 393-IV (shall be enforced upon expiry of ten calendar days after its

first official publication).

Article 242. A Deliberately False Communication Concerning an Act of

Terrorism A deliberately false communication concerning an act of terrorism which is being

prepared, - shall be punished by a fine in an amount from two hundred up to five hundred

monthly calculation indices, or by restriction of liberty for the period of up to seven

years, or by imprisonment for a period up to six years.

Footnote. Article 242 as amended by the Laws of the Republic of Kazakhstan dated

19.02.2002 No. 295, dated 09.12.2004 No. 10, dated 18.01.2011 No. 393-IV (shall be

enforced upon expiry of ten calendar days after its first official publication), dated

09.11.2011 No. 490-IV (shall be enforced upon expiry of ten calendar days after its

first official publication), dated 18.01.2012 No. 547-IV (shall be enforced upon expiry

of ten calendar days after its first official publication).

Article 243. Illegal Export of Technologies, Scientific-Technical Information

and Services Used in the Creation of Mass Destruction Weapons, Armament, and

Military Equipment Illegal export of technologies, scientific-technical information and services

which may be used in the creation of mass destruction weapons or means of their

delivery, as well as armaments, and military equipment, and with regard to which a

special export supervision is established, - shall be punished by a fine in an amount

from seven hundred up to one thousand monthly calculation indices, or by imprisonment

for a period from three to seven years.

Footnote. Article 243 as amended by the Law of the Republic of Kazakhstan dated

09.11.2011 No. 490-IV (shall be enforced upon expiry of ten calendar days after its

first official publication).

Article 244. Violation of the Safety Rules at Atomic Energy Facilities

1. Violation of the safety rules in deploying, designing, constructing, repairing,

or operating atomic energy facilities, if this could entail the death of a person or

radioactive contamination of the environment, - shall be punished by a fine in the

amount from two hundred to five hundred monthly calculation indices, or restraint of

liberty for a term up to three years, or imprisonment for up to three years with

deprivation of the right to occupy certain positions or engage in certain activities for

a term up to three years or without it.

2. The same offence which entailed by negligence the death of a person or

radioactive contamination of the environment, or other serious consequences, - shall be

punished by imprisonment for a period from five to ten years with deprivation of the

right to hold certain positions of to engage in certains of activity for a period up to

three years, or without it.

Footnote. Article 244 as amended by the Law of the Republic of Kazakhstan dated

09.11.2011 No. 490-IV (shall be enforced upon expiry of ten calendar days after its

first official publication).

Article 245. Violation of the Safety Rules in the Conducting of Mining or

Construction Work

1. Violation of the safety rules for the conducting of mining or construction

work, if it entailed by negligence the cause of severe or medium gravity damage to the

health of a person, - shall be punished by a fine in an amount from five hundred up to

one thousand monthly calculation indices, or by correctional labor for a period up to

two years, or by restriction of liberty for a period up to two years, or by imprisonment

for the same period with deprivation of the right to hold specified offices or to engage

in specified activities for a period up to three years, or without it.

2. The same offence which entailed by negligence the death of a person or other

serious consequences, - shall be punished by imprisonment for a period up to six years

with deprivation of the right to hold specified offices or to engage in specified

activities for a period up to three years, or without it.

Footnote. Article 245 as amended by the Laws of the Republic of Kazakhstan dated

18.01.2011 No. 393-IV (shall be enforced upon expiry of ten calendar days after its

first official publication); dated 09.11.2011 No. 490-IV (shall be enforced upon expiry

of ten calendar days after its first official publication).

Article 245-1. Poor-quality construction

1. Delivery and (or) the acceptance of the poor-quality built, incomplete or not

in accordance with the contract and project documentation of buildings, highways,

tunnels, power plants, residential buildings or other construction projects, as well as

their low-quality repairs heads of construction companies, Manufacturers of work and

officials in control of the quality of construction, if it is caused by negligence

causing serious or moderate harm to human health, - shall be punished by a fine of five

hundred to one thousand monthly calculation indices, or by correctional labor for up to

two years, or by restriction of liberty for a term up to two years, or by imprisonment

for the same term with the deprivation of the right to occupy certain positions or

engage in certain activities for a term up to three years or without it.

2. The same act which negligently caused human death or other grave consequences,

- shall be punished by imprisonment for up to five years with confiscation of property,

deprivation of the right to occupy certain positions or engage in certain activities for

a term up to three years or without it.

3. Actions envisaged in part one of this Article, resulting in the death of two or

more persons, - shall be punished by imprisonment for a period from three to eight years

with confiscation of property, and with the deprivation of the right to occupy certain

positions or engage in certain activities for a term up to three years or without it.

Footnote. The Code is supplemented by Article 245-1 in accordance with the Law of

the Republic of Kazakhstan dated 08.01.2007 No. 210, as amended by the Law of the

Republic of Kazakhstan dated 18.01.2011 No. 393-IV (shall be enforced upon expiry of ten

calendar days after its first official publication), dated 09.11.2011 No. 490-IV (shall

be enforced upon expiry of ten calendar days after its first official publication).

Article 246. Violation of the Safety Rules at Explosion-Hazardous Facilities

1. Violation of the safety rules at explosion-hazardous facilities or in

explosion-hazardous workshops, if it could entail the death of a person or other serious

consequences, - shall be punished by a fine in the amount from five hundred to one

thousand monthly calculation indices, or correctional labor for up to two years, or

restraint of liberty for a term up to three years, or imprisonment for the same term

with the deprivation of the right to occupy certain positions or engage in certain

activities for a term up to three years or without it.

2. The same offence which entailed by negligence the death of a person or other

serious consequences, - shall be punished by restriction of liberty for a period up to

five years, or by imprisonment for a period up to six years.

Footnote. Article 246 as amended by the Law of the Republic of Kazakhstan dated

09.11.2011 No. 490-IV (shall be enforced upon expiry of ten calendar days after its

first official publication).

Article 246-1. Violation of safety instructions in space activities 1. Violation of the safety instructions in space activities, entailed by

negligence the infliction of serious or moderate harm to human health, - shall be

punished by a fine of five hundred to one thousand monthly calculation indices or the

salary or other income for a period of five to ten months, or by corrective labor for up

to two years, or restraint of liberty for a term up to three years, or imprisonment for

the same period, with deprivation of the right to hold certain positions or engage in

certain activities for a term up to three years or without it.

2. The same act which negligently caused human death or other grave consequences,

- shall be punished by imprisonment for up to six years, with deprivation of the right

to hold certain positions or engage in certain activities for a term up to three years

or without it.

3. The offence provided in the first paragraph above, resulting in the death of

two or more persons, - shall be punished by imprisonment for a term of three to eight

years, with deprivation of the right to occupy certain positions or engage in certain

activities for a term up to three years or without it.

Footnote. Chapter 9 is supplemented by the Article 246-1 in accordance with the

Law of the Republic of Kazakhstan dated 06.01.2012 No. 529-IV (shall be enforced upon

expiry of twenty one calendar days after its first official publication).

Article 247. Illegal Handling of Radioactive Materials

1. Illegal purchase, storage, transportation, use, destruction or burial of

radioactive materials, - shall be punished by restriction of liberty for a period up to

two years, or by deprivation of liberty for a period up to three years.

2. Illegal marketing of radioactive materials, and also illegal purchase, storage,

transportation of radioactive materials for the purpose of marketing, - shall be

punished by deprivation of liberty for a period from two to six years with confiscation

of property or without it.

3. Offences specified in the first and second parts of this Article, which due to

negligence entailed the death of an individual or other grave consequences shall be

punished by deprivation of liberty for a period from three to ten years with

confiscation of property or without it.

Footnote. Article 247 is in the wording of the Law of the Republic of Kazakhstan

dated 19.02.2002 No. 295, as amended by the Law of the Republic of Kazakhstan dated

09.11.2011 No. 490-IV (shall be enforced upon expiry of ten calendar days after its

first official publication).

Article 248. Stealing or Extortion of Radioactive Materials 1. Stealing or extortion of radioactive materials, - shall be punished by a fine

in an amount from seven hundred up to one thousand monthly calculation indices, or by

imprisonment for a period up to five years.

2. The same offences are committed:

a) by a group of persons upon a preliminary collusion;

b) repeatedly;

c) by a person with the use of his official position;

d) with violence which is not dangerous for the life or health, or with a threat

to apply such violence, - shall be punished by imprisonment for a period from four to

seven years with confiscation of property, or without it.

3. Offences, stipulated by the first or second part of this Article are committed

as follows:

a) with violence dangerous for the life or health, or with a threat to apply such

violence;

b) by an organized group

c) excluded by No. 363 dated 21.12.2002, - shall be punished by imprisonment for

a period from five to ten years with confiscation of property.

Footnote. Article 248 as amended by the Laws of the Republic of Kazakhstan dated

21.12.2002 No. 363, dated 10.12.2009 No. 227-IV (shall be enforced from 01.01.2010),

dated 09.11.2011 No. 490-IV (shall be enforced upon expiry of ten calendar days after

its first official publication).

Article 249. Violation of the Rules for Treatment of Radioactive Materials

1. Violation of the rules for storage, use, accounting, burial, or transportation

of radioactive materials, or other rules for their treatment, if it could entail the

death of a person or other serious consequences, - shall be punished by a fine in an

amount from five hundred up to one thousand monthly calculation indices, or by

restriction of liberty for a period up to one year.

2. The same offence which entailed by negligence the death of a person or other

serious consequences, - shall be punished by imprisonment for a period up to seven

years.

Footnote. Article 249 as amended by the Laws of the Republic of Kazakhstan dated

18.01.2011 No. 393-IV (shall be enforced upon expiry of ten calendar days after its

first official publication), dated 09.11.2011 No. 490-IV (shall be enforced upon expiry

of ten calendar days after its first official publication).

Article 250. Contraband of Objects Withdrawn from Circulation, or Objects the

Circulation of Which is Limited

1. The transfer across the customs border of the state, which is committed without

customs supervision or with concealment from it, or with fraudulent use of documents or

means of custom identification, or the transfer which is accompanied by non-declaration

or fraudulent declaration of drugs, or psychotropic, powerful, toxic, poisonous,

radioactive materials, or explosives, as well as armament, military equipment, explosion

devices, firearms and ammunition, nuclear, chemical, biological, or others of mass

destruction weapons, or materials and equipment which may be used for the creation of

mass destruction weapons, - shall be punished by imprisonment for a period up to five

years with confiscation of property, or without it.

2. The same offence is committed:

a) repeatedly;

b) by an official with the use of his service position;

c) with violence against a person exercising customs supervision,

d) by a group of persons by prior agreement;

e) in respect of narcotic drugs or psychotropic substances in large amount, shall

be punished by imprisonment for a period from seven to twelve years with confiscation of

property, or without it.

3. Offences stipulated by the first or second part of this Article which are

committed by an organized group, - shall be punished by imprisonment for a period from

ten to fifteen years with confiscation of property.

4. Offences stipulated by the first, second or third paragraph of this article

related to narcotic drugs or psychotropic substances, committed on a large scale shall

be punished by imprisonment for a term of fifteen to twenty years with confiscation of

property or life imprisonment with confiscation of property.

Footnote. Article 250 as amended by the Laws of the Republic of Kazakhstan dated

31.05.2002 No. 327, dated 08.07.2005 No. 67 (the order of enforcement see Art. 2), dated

27.06.2008 No. 50-IV (the order of enforcement see Art. 2), dated 30.06.2010 No. 297-IV

(shall be enforced from 01.07.2010).

Article 251. Illegal Purchase, Transfer, Sale, Storage, Transportation, or

the Carrying of Weapons, Ammunition, Explosives, or Explosion Devices

1. Illegal purchase, transfer, sale, storage, transportation, or the carrying of

firearms (except for smooth-bore hunting guns), ammunition, explosives or explosion

devices, - shall be punished by restriction of liberty for a period up to five years, or

by imprisonment for the same period with a fine in an amount from two hundred up to five

hundred monthly calculation indices, or without it.

2. The same offences committed by a group of persons upon a preliminary collusion,

or committed repeatedly, - shall be punished by imprisonment for a period from three to

eight years.

3. Offences stipulated by the first or second part of this Article, which are

committed by an organized group, - shall be punished by imprisonment for a period from

five to ten years.

4. Illegal carrying or sale of knives, Finnish daggers, or other cold steel

weapons, except for cases in which the carrying of cold steel knives is associated with

hunting business, - shall be punished by community service for a period from one hundred

and eighty to two hundred forty hours, or by corrective labor for up to two years, or

restraint of liberty for up to one year, or imprisonment for the same term with a fine

of up to two hundred monthly calculation indices or without it.

Note.

A person who voluntarily surrendered objects indicated in this Article shall be

exempted from criminal liability, unless his actions contain elements of another crime.

Footnote. Article 251 as amended by the Laws of the Republic of Kazakhstan dated

05.05.2000 No. 47, dated 18.01.2011 No. 393-IV (shall be enforced upon expiry of ten

calendar days after its first official publication), dated 09.11.2011 No. 490-IV (shall

be enforced upon expiry of ten calendar days after its first official publication).

Article 252. Illegal Manufacture of Arms 1. Illegal Manufacture or repair of firearms, or spare parts for it, as well as

illegal Manufacture of ammunition, explosives, or explosion devices, - shall be punished

by imprisonment for a period up to five years.

2. The same offence committed by a group of persons upon a preliminary collusion,

or committed repeatedly, - shall be punished by imprisonment for a period from three to

eight years.

3. Offences, stipulated by the first or second part of this Article are committed

by an organized group, - shall be punished by imprisonment for a period from five to ten

years.

4. Illegal Manufacture of gas weapons, cold steel weapons, including projectile

weapons, - shall be punished by a fine from two hundred to five hundred monthly

calculation indices, or community service for a period of one hundred eighty to two

hundred forty hours, or by corrective labor for up to two years, or restraint of liberty

for a term up to two years, or by deprivation of liberty for the same period.

Note.

A person who voluntarily surrendered objects indicated in this Article shall be

exempted from criminal liability, unless his actions contain elements of another crime.

Footnote. Article 252 as amended by the Laws of the Republic of Kazakhstan dated

05.05.2000 No. 47, dated 21.12.2002 No. 363, dated 18.01.2011 No. 393-IV (shall be

enforced upon expiry of ten calendar days after its first official publication), dated

09.11.2011 No. 490-IV (shall be enforced upon expiry of ten calendar days after its

first official publication).

Article 253. Negligent Storage of Fire Arms

Negligent storage of firearms which created the conditions for their use by

another person, if this entailed serious consequences, - shall be punished by

correctional labor for a period up to two years, or by restriction of liberty for the

same period.

Footnote. Article 253 as amended by the Laws of the Republic of Kazakhstan dated

21.12.2002 No. 363, dated 18.01.2011 No. 393-IV (shall be enforced upon expiry of ten

calendar days after its first official publication).

Article 254. Improper Execution of Obligations Associated with the Protection

of Arms, Ammunitions, Explosives, or Explosion Devices

1. Improper execution of the obligations of a person to whom the protection of

firearms, ammunition, explosives, or explosion devices, was delegated, if this entailed

their stealing or destruction, or the emergence of other serious consequences, - shall

be punished by restraint of liberty for a term not exceeding two years, or imprisonment

for the same term, with disqualification to hold certain positions or engage in certain

activities for a term up to three years or without it.

2. Improper execution of obligations associated with the protection of mass

destruction weapons, or materials or equipment which may be used in the creation of mass

destruction weapons, if this entailed serious consequences or created a threat of their

emergence, - shall be punished by imprisonment for a term from two to seven years with

deprivation of the right to occupy certain positions or engage in certain activities for

a term up to three years.

Footnote. Article 254 as amended by the Law of the Republic of Kazakhstan dated

18.01.2011 No. 393-IV (shall be enforced upon expiry of ten calendar days after its

first official publication).

Article 255. Stealing or Extortion of Arms, Ammunition, Explosives, or

Explosion Devices 1. Stealing or extortion of firearms, spare parts to it, ammunition, explosives,

or explosion devices, shall be punished by imprisonment for a period up from three to

seven years.

2. Stealing or extortion of mass destruction weapons, as well as of materials or

equipment which may be used in the creation of mass destruction weapons, shall be

punished by imprisonment for a period from five to ten years.

3. Offences, stipulated by the first or second part of this Article are committed:

a) by a person with the use of his official position;

b) repeatedly;

c) with violence which is not dangerous for the life or health, or with a threat

of such violence;

d) by a group of persons upon a preliminary collusion, shall be punished by

imprisonment for a period from five to twelve years with confiscation or property, or

without it.

4. Offences, stipulated by the first, second, or third part of this Article are

committed:

a) by an organized group;

b) with violence which is dangerous for the life or health, or with a threat of

such violence;

c) is excluded dated 21.12.2002 No. 363;

It shall be punished by imprisonment for a period from eight to fifteen years with

confiscation of property.

Footnote. Article 255 as amended by the Law of the Republic of Kazakhstan dated

December 21, 2002 No. 363.

Article 256. Violation of Fire Safety Rules

1. Violation of fire safety rules by a person who is responsible for complying

with them, if it entailed by negligence the causation of severe or medium gravity damage

to a man's health, or considerable damage to a citizen, organization, or the state, -

shall be punished by a fine in an amount from one hundred up to two hundred monthly

calculation indices, or by correctional labor for a period up to two years, or by

restriction of liberty for a period up to two years, or by imprisonment for a period up

to three years with deprivation of the right to hold certain positions or without it.

2. Offences, stipulated by the first part of this Article are committed by an

organized group shall be punished by by restraint of liberty for a term up to five

years, or imprisonment for up to seven years.

Note.

As a major damage in this Article recognizes the damage caused to an individual by

the amount of five hundred times the monthly calculation index, or damage to the

organization or the state in the amount of one thousand times the monthly calculation

index, established by the legislation of the Republic of Kazakhstan at the time of the

crime.

Footnote. Article 272 as amended by the Laws of the Republic of Kazakhstan dated

21.12.2002 No. 363, dated 18.01.2011 No. 393-IV (shall be enforced upon expiry of ten

calendar days after its first official publication), dated 09.11.2011 No. 490-IV (shall

be enforced upon expiry of ten calendar days after its first official publication).

Article 257. Hooliganism

1. Hooliganism, that is a particularly audacious violation of public order,

expressing a clear disrespect for society, accompanied by the use of violence against

citizens or threat of its use, as well as destruction or damage to property of others,

or committing indecent acts and outstanding cynicism -

shall be punished by a fine in the amount from two hundred to five hundred of

monthly calculation indices, or by community service for a period from one hundred

twenty to one hundred eighty hours, or by corrective labor for a period from six months

to one year, or by restriction of freedom for up to two years, or by imprisonment for

the same period.

2. The same act, if it is:

a) committed by a group, and the group of persons by previous concert or by an

organized group;

b) associated with resistance to authorities or to any other person acting for the

protection of public order or suppress violations of public order;

a) committed repeatedly -

shall be punished by a community service for a period from one hundred eighty to

two hundred forty hours, or by corrective labor for a period from one to two years, by

restriction of liberty for up to five years, or imprisonment for the same period.

3. Hooliganism, committed with the use or attempted to use of fire, gas guns,

knives, brass knuckles and other bladed weapons or other items specifically adapted to

cause harm, -

shall be punished by a restraint of liberty for a period from three to seven

years, or by imprisonment for the same period.

Footnote. Article 257 as amended by the Laws of the Republic of Kazakhstan dated

21.12.2002 No. 363, dated 09.12.2004 No. 10, dated 10.12.2009 No. 227-IV (shall be

enforced from 01.01.2010), dated 18.01.2011 No. 393-IV (shall be enforced upon expiry of

ten calendar days after its first official publication), dated 09.11.2011 No. 490-IV

(shall be enforced upon expiry of ten calendar days after its first official

publication).

Article 258. Vandalism

Vandalism is a desecration of buildings or other structures by inscriptions or

drawings, or any other actions, offending public morals, as well as voluntary waste in

transport or in other public places -

shall be punished by a fine in the amount from one hundred to five hundred of

monthly calculation indices, or by community service for a period of one hundred twenty

to one hundred eighty hours, or by corrective labor for a period from six months to one

year, or by restriction of liberty for up to one year.

Footnote. Article 258 as amended by the Laws of the Republic of Kazakhstan dated

18.01.2011 No. 393-IV (shall be enforced upon expiry of ten calendar days after its

first official publication), dated 09.11.2011 No. 490-IV (shall be enforced upon expiry

of ten calendar days after its first official publication).

Chapter 10. CRIMES AGAINST PUBLIC HEALTH AND MORALS

Article 259. Illegal manufacture, processing, purchase, storage,

transportation, transfer or sale of narcotic drugs or psychotropic substances 1.Is excluded by the Law of the Republic of Kazakhstan dated 18.01.2011 No. 393-IV

(shall be enforced upon expiry of ten calendar days after its first official

publication).

1-1. Illegal purchase, transportation or storage without a purpose of selling of

narcotics or psychotropic substances in large scale -

shall be punished by imprisonment for a period from three to seven years.

2. Illegal purchase, transportation and storage in order to sale, manufacture,

processing, transfer or sale of narcotics or psychotropic substances -

shall be punished by imprisonment for a period from five to ten years with

confiscation of property.

2-1. Illegal purchase, transportation and storage in order to sale, manufacture,

processing, transfer or sale of narcotics or psychotropic substances in large amount -

shall be punished by imprisonment for a period from six to twelve years with

confiscation of property.

3. Illegal purchase, transportation and storage in order to sale, manufacture,

processing, transfer or sale of narcotic drugs or psychotropic substances, committed:

a) by a group of persons by previous concert;

b) repeatedly;

c) in respect of narcotic drugs or psychotropic substances in large scale;

d) by an official using his/her official position, -

shall be punished by imprisonment for a period from ten to fifteen years with

confiscation of property.

4. Illegal purchase, transportation and storage in order to sale, manufacture,

processing, transfer or sale of narcotic drugs or psychotropic substances, committed:

a) by an organized group or criminal community (criminal organization);

b) in educational institutions;

c) in relation to a minor -

shall be punished by imprisonment for a period from fifteen to twenty years with

confiscation of property or life imprisonment with confiscation of property.

Note.

1. A person, who voluntarily surrendered by narcotic drugs or psychotropic

substances or voluntarily go to the hospital for medical care due to the use of drugs

for non-medical purposes, and actively contributed to the disclosure and suppression of

crimes related to illegal trafficking in narcotic drugs or psychotropic substances, the

exposure of individuals, who committed them, the detection of property obtained by

criminal means, shall be exempted from criminal responsibility under this Article and

Article 250 (related to narcotic drugs or psychotropic substances) of this Code.

2. The size of narcotic drugs and psychotropic substances is defined by Summary

Table toify drugs, psychotropic substances and precursors to small, large and extra

large size, which are found in illicit trafficking, and attached to the Law of the

Republic of Kazakhstan "On narcotic drugs, psychotropic substances, precursors and

measures to combat their trafficking and abuse".

Footnote. Article 259 as amended by the Laws of the Republic of Kazakhstan dated

05.05.2000 No. 47, dated 31.05.2002 No. 327, dated 27.06.2008 No. 50-IV (the order of

enforcement see Article 2), dated 18.01.2011 No. 393 - IV (shall be enforced upon expiry

of ten calendar days after its first official publication), dated 09.11.2011 No. 490-IV

(shall be enforced upon expiry of ten calendar days after its first official

publication).

Article 260. Theft or extortion of narcotic drugs and psychotropic substances 1. Theft or extortion of narcotic drugs or psychotropic substances -

shall be punished by imprisonment for a period from three to seven years.

2. The same acts, committed:

a) by a group of persons by previous concert;

b) repeatedly;

c) by a person using his/her official position;

g) with violence, not dangerous to life or health, or the threat of such violence-

shall be punished by imprisonment for a period from six to ten years with

confiscation of property.

3. Acts stipulated in the first or second paragraph of this Article, if they are

committed:

a) by an organized group;

b) in respect of narcotic drugs or psychotropic substances in large amount;

c) with violence dangerous to life or health, or the threat of such violence -

shall be punished by imprisonment for a period from ten to fifteen years with

confiscation of property.

4. Acts stipulated in the first, second or third paragraph of this Article,

committed in respect of narcotic drugs or psychotropic substances in large amount -

shall be punished by imprisonment for a period from fifteen to twenty years with

confiscation of property or life imprisonment with confiscation of property.

Footnote. Article 260 as amended by the Law of the Republic of Kazakhstan dated

27.06.2008 No. 50-IV (the order of enforcement see Art. 2).

Article 261. Inducement to use narcotic drugs or psychotropic substances 1. Inducement to use narcotic drugs or psychotropic substances-

shall be punished by restriction of freedom for up to three years or by

imprisonment for up to four years.

2. The same act, committed:

a) by a group of persons by previous concert;

b) repeatedly;

c) (is excluded - by the Law of the Republic of Kazakhstan dated 27.06.2008 No.

50-IV (the order of enforcement see Article 2);

d) (is excluded -by the Law of the Republic of Kazakhstan dated 27.06.2008 No.

50-IV (the order of enforcement see Article 2), -

shall be punished by imprisonment for a period from three to eight years.

3. Acts stipulated in the first or second paragraph of this Article, if they are

committed:

a) in respect of a minor, or two or more persons;

b) by the use of violence or threat of violence - shall be punished by

imprisonment for a period from seven to ten years.

4. Acts stipulated in the first, second or third paragraph of this Article, if

they resulted in the death of the victim or other grave consequences -

shall be punished by imprisonment for a period from fifteen to twenty years with

confiscation of property or by life imprisonment with confiscation of property.

Footnote. Article 261 as amended by the Laws of the Republic of Kazakhstan dated

27.06.2008 No. 50-IV (the order of enforcement see Art. 2), dated 18.01.2011 No. 393-IV

(shall be enforced upon expiry of ten calendar days after its first official

publication).

Article 262. The illegal cultivation of plants, prohibited to cultivation and

contained drugs 1. Planting or cultivation of plants, prohibited to cultivation and the

cultivation of the varieties of hemp, poppy and other plants containing narcotic

substances -

shall be punished by a fine in the amount from five hundred to seven hundred

monthly calculation indices or by imprisonment for up to two years.

2. The same acts, committed:

a) by a group of persons by previous concert;

b) repeatedly;

c) in a large scale -

shall be punished by imprisonment for a period from three to eight years.

Footnote. Article 262 as amended by the Law of the Republic of Kazakhstan dated

09.11.2011 No. 490-IV (shall be enforced upon expiry of ten calendar days after its

first official publication).

Article 263. Illegal trafficking of toxic substances, and materials, tools,

or equipment, used for the manufacture or processing of narcotic drugs,

psychotropic or toxic substances

1. Illegal manufacture, processing, purchase, storage, transportation, transfer

with intent to sell, as well as the illegal sale of poisonous substances which are not

narcotic drugs or psychotropic substances, or tools or equipment for their manufacturing

or processing -

shall be punished by imprisonment for a term not exceeding five years.

2. Illegal manufacturing, purchase, storage, transportation, transfer with intent

to sell, as well as the illegal sale of materials, tools or equipment used for the

manufacture or processing of narcotic drugs or psychotropic substances -

shall be punished by imprisonment for up to six years.

3. Acts, stipulated in the first or second paragraph of this Article, committed by

a person using his official position or by a group of persons by previous concert or

repeatedly -

shall be punished by imprisonment for a period from five to eight years.

4. Acts stipulated in the first or second paragraph of this Article, committed by

an organized group -

shall be punished by imprisonment for a period from seven to ten years with

confiscation of property.

Footnote. Article 263 is in the wording of the Law of the Republic of Kazakhstan

dated 05.05.2000 No. 47, as amended by the Law of the Republic of Kazakhstan dated

27.06.2008 No. 50-IV (the order of enforcement see Article 2).

Article 264. Organization or maintaining the premises for use of drugs or

psychotropic substances, or the provision of facilities for the same purpose

1. Organization or maintaining the premises for the use of narcotic drugs or

psychotropic substances, or the provision of facilities for the same purpose -

shall be punished by imprisonment for a period from three to seven years with

confiscation of property.

2. The same act committed by a person, using his/her official position or

repeatedly, or by an organized group

shall be punished by imprisonment for a period from seven to twelve years with

confiscation of property.

Footnote. Article 264 as amended by the Law of the Republic of Kazakhstan dated

27.06.2008 No. 50-IV (the order of enforcement see Article 2).

Article 265. Violation of rules for handling of narcotic drugs, psychotropic

or toxic substances

1. Violation of the rules for production, manufacture, processing, purchase,

storage, recording, release, transport, import, export, transfer or destruction of

narcotic drugs, psychotropic or toxic substances, if this act is committed by a person

whose duties include the compliance with these rules -

shall be punished by a fine in the amount from two hundred to five hundred of

monthly calculation indices, or by correctional labor for up to one year, or by

imprisonment for up to one year with deprivation of the right to occupy certain

positions or engage in certain activities for a period up to three years or without it.

2. The same act that caused the theft of narcotics, psychotropic or toxic

substances or causing other significant harm -

shall be punished by correctional labor for up to two years, or restraint of

liberty for a period up to two years, or by imprisonment for up to three years with

deprivation of the right to occupy certain positions or engage in certain activities for

a period up to three years.

Footnote. Article 265 as amended by Laws of the Republic of Kazakhstan dated

05.05.2000 No. 47, dated 09.11.2011 No. 490-IV (shall be enforced upon expiry of ten

calendar days after its first official publication).

Article 266. Illegal medical and pharmaceutical activities and illegal

issuance or forgery of prescriptions or other documents granting the right to

receipt narcotic drugs or psychotropic substances 1. Employment of medical or pharmaceutical activity by a person without a

certificate and (or) licenses for this activity, if it is caused by the infliction of

serious harm to human health by negligence -

shall be punished by a fine of one hundred to five hundred of monthly calculation

indices, or correctional labor for up to two years, or deprivation of the right to hold

certain posts or practice certain activities for up to two years.

2. The same act committed by an official -

shall be punished by a fine in the amount from three hundred to one thousands of

monthly calculation indices, or by correctional labor for up to two years with

deprivation of the right to occupy certain positions or engage in certain activities for

a period up to three years.

3. The act provided in the first part of this Article and caused the death of a

person -

shall be punished by restriction of freedom for up to three years or by

imprisonment for the same period, with disqualification to hold certain positions or

engage in certain activities for a period up to three years.

4. The act, provided in the first part of this Article, which caused the death of

the person, and committed by an official -

shall be punished by restriction of freedom for up to three years or by

imprisonment for the same period with a fine in the amount from fifty to two hundred of

monthly calculation indices with the deprivation of the right to occupy certain

positions or engage in certain activities for a period up to three years.

5. Unlawful issuance or forgery of prescriptions or other documents, granting the

right to receipt narcotic drugs or psychotropic substances -

shall be punished by imprisonment for a period up to five years with deprivation

of the right to occupy certain positions or engage in certain activities for a period up

to three years or without it.

Footnote. Article 266 is in the wording of the Law of the Republic of Kazakhstan

dated 07.07.2006 No. 171 (the order of enforcement see Art. 2), as amended by the Laws

of the Republic of Kazakhstan dated 27.06.2008 No. 50-IV (the order of enforcement see

Article 2); dated 18.01.2011 No. 393-IV (shall be enforced upon expiry of ten calendar

days after its first official publication), dated 09.11.2011 No. 490-IV (shall be

enforced upon expiry of ten calendar days after its first official publication).

Article 267. Violation of sanitary-epidemiological rules

1. Violation of sanitary-epidemiological rules, which negligently caused the mass

disease or poisoning of people -

shall be punished by a fine in the amount from two hundred to five hundred of

monthly calculation indices, or by deprivation of the right to occupy certain positions

or engage in certain activities for a period up to three years, or by restraint of

liberty for a period up to two years, or by imprisonment for the same period.

2. The same act that resulted to the death of a person -

shall be punished by restraint of liberty for a period up to five years, or by

imprisonment for the same period.

Footnote. Article 267 as amended by the Law of the Republic of Kazakhstan dated

09.11.2011 No. 490-IV (shall be enforced upon expiry of ten calendar days after its

first official publication).

Article 268. Concealing the information about the circumstances, endangering

the life or health people 1. Concealment or misrepresentation of information on the events, facts or

phenomena that endanger the human life or health or to the environment, and committed by

a person who is obliged to provide the population with such information -

shall be punished by a fine in the amount from five hundred to seven hundreds of

monthly calculation indices or by imprisonment for up to two years with the deprivation

of the right to occupy certain positions or engage in certain activities for a period up

to three years or without it.

2. The same actions which negligently caused the harm to human health or other

grave consequences, -

shall be punished by a fine in the amount from seven hundred to one thousands of

monthly calculation indices, or by restriction of freedom for up to four years, or by

imprisonment for the same period with the deprivation of the right to occupy certain

positions or engage in certain activities for a period of up to three years or without

it.

Footnote. Article 268 as amended by the Law of the Republic of Kazakhstan dated

09.11.2011 No. 490-IV (shall be enforced upon expiry of ten calendar days after its

first official publication).

Article 269. Issue or sale of goods, and execution of works or services that

do not meet the safety requirements 1. Issue or sale of the goods, execution of works or services that do not meet the

safety requirements of life or health of consumers, as well as the illegal grant or use

of an official document, certifying the conformity of goods, works or services to the

safety requirements, if these action caused the negligent harm to human health -

shall be punished by a fine in the amount from five hundred to seven hundreds of

monthly calculation indices, or by restriction of freedom for up to three years with the

deprivation of the right to occupy certain positions or engage in certain activities for

a period up to three years or without it.

2. The same acts, if they are:

a) committed in respect of goods, works and services for minors;

b) caused by negligence the injury of two or more persons;

c) resulted in the death of a person -

shall be punished by a fine in the amount from seven hundred to one thousands of

monthly calculation indices, or by restriction of freedom for up to three years, or by

imprisonment for up to five years with the deprivation of the right to occupy certain

positions or engage in certain activities for a period up to three years or without it.

3. Acts stipulated in the first or second paragraph of this Article, which

negligently caused the death of two or more persons -

shall be punished by imprisonment for a period from four to eight years.

Footnote. Article 269 as amended by the Law of the Republic of Kazakhstan dated

09.11.2011 No. 490-IV (shall be enforced upon expiry of ten calendar days after its

first official publication).

Article 269-1. Organization of an illegal gambling business 1. Illegal opening or maintenance of a gambling establishment or the organization

of the activity in the gambling business, as well as the provision of facilities to open

obviously illegal gambling establishment or the organization of gambling business -

shall be punished by a fine in the amount from five hundred to one thousands of

monthly calculation indices, or by community service for a period from one hundred

eighty to two hundred forty hours, or by imprisonment for up to two years with a fine of

up to fifty monthly calculation indices or without it, with confiscation of property.

2. The same acts committed:

a) by using the minor or his/her participation in gambling;

b) by a group of persons by previous concert;

c) with the generation of income in a large scale;

d) by a person, using his/her official position -

shall be punished by a fine in the amount from one thousand to three thousands of

monthly calculation indices or by imprisonment for up to five years with a fine of up to

two hundred monthly calculation indices or without it, with confiscation of property.

3. Acts stipulated in the first or second paragraph of this Article, if they are

committed by:

a) an organized group;

b) profit-making on a large scale;

c) a person authorized to perform state functions, or his/her equivalent person

individually or by proxy, contrary to the prohibition imposed by law, if such actions

related to the provision the benefits and privileges to these activities or protection

in any other form -

shall be punished by a fine in the amount from three thousand to ten thousands of

monthly calculation indices or by imprisonment for a period from four to seven years

with a fine in the amount from two hundred to five hundred monthly calculation indices

or without it, with confiscation of property.

Note. Income on a large scale in this Article shall be the income, the sum of

which exceeds one thousand monthly calculation indices, and the income on an especially

large scale is the income, the sum of which exceeds five thousand monthly calculation

indices.

Footnote. The Code is supplemented by Article 269-1 in accordance with the Law of

the Republic of Kazakhstan dated 09.11.2011 No. 490-IV (shall be enforced upon expiry of

ten calendar days after its first official publication).

Article 270. Involvement in prostitution

1. Involvement in prostitution through violence or threat of violence, the use of

the dependent position, blackmail, destruction or damage to property or by deception -

shall be punished by a fine in the amount from two hundred to five hundred or by

imprisonment for up to five years.

2. The same act, if committed by an organized group or repeatedly -

shall be punished by imprisonment for a period from three to seven years.

Footnote. Article 270 as amended by the Laws of the Republic of Kazakhstan dated

05.05.2000 No. 47, dated 10.12.2009 No. 227-IV (shall be enforced from 01.01.2010),

dated 09.11.2011 No. 490-IV (shall be enforced upon expiry of ten calendar days after

its first official publication).

Article 271. Organization or maintaining brothels for prostitution and

pandering

1. Organization or maintaining brothels for prostitution, as well as pandering

with a mercenary motive-

shall be punished by a fine in the amount from five hundred to one thousands of

monthly calculation indices or by imprisonment for up to three years.

2. The same acts committed by an organized group or repeatedly-

shall be punished by imprisonment for up to five years.

Footnote. Article 271 as amended by the Laws of the Republic of Kazakhstan dated

10.12.2009 No. 227-IV (shall be enforced from 01.01.2010), dated 09.11.2011 No. 490-IV

(shall be enforced upon expiry of ten calendar days after its first official

publication).

Article 272. Organization or maintaining the premises for intoxication with

drugs or other means 1. Organization or maintaining the premises for intoxication with medicines or

other drugs and substances, which are non-narcotic drugs or psychotropic substances, as

well as providing the facilities for that purpose -

shall be punished by a fine in the amount from two hundred to five hundreds of

monthly calculation indices, or by restriction of freedom for up to two years, or by

imprisonment for the same term.

2. Actions, stipulated in the part one of this Article, and committed by an

organized group, -

shall be punished by imprisonment for a period from two to five years.

Footnote. Article 272 as amended by the Laws of the Republic of Kazakhstan dated

21.12.2002 No. 363, dated 18.01.2011 No. 393-IV (shall be enforced upon expiry of ten

calendar days after its first official publication), dated 09.11.2011 No. 490-IV (shall

be enforced upon expiry of ten calendar days after its first official publication).

Article 273. Illegal Distribution of Pornographic Materials or Objects Illegal Manufacture for the purposes of distribution or advertisement, or

distribution and advertisement of pornographic materials or objects, as well as illegal

trade in publications, cinema or video materials, pictures, or other objects of a

pornographic character, - shall be punished by a fine in an amount from five hundred up

to one thousand monthly calculation indices, or by correctional labor for a period up to

two years, or by imprisonment for a period up to two years with confiscation of

pornographic materials or objects, as well as a means of their production or

reproduction.

Footnote. Article 273 as amended by the Law of the Republic of Kazakhstan dated

21.12.2002 No. 363, dated 09.11.2011 No. 490-IV (shall be enforced upon expiry of ten

calendar days after its first official publication).

Article 273-1. Manufacture and distribution of materials or objects with

pornographic images of minors or their attraction to participate in

entertainment pornographic events

1. Production, storage or moving across the State border of the Republic of

Kazakhstan for distribution, public display or advertising or distribution, public

display or advertising materials or objects with pornographic images of minors, - shall

be punished by imprisonment for a period from three to six years with confiscation of

pornographic materials or objects, and the means of their production or reproduction.

2. Involvement of minors as performers to participate in entertainment events

pornographic by a person who has reached the age of eighteen, - shall be punished by

imprisonment for a term from five to seven years with confiscation of pornographic

materials or objects, and the means of their production or reproduction.

3. Offences, stipulated by the first or second paragraph of this Article are

committed:

a) by the parent, teacher, or other person who by the Law charged with the

education of a minor;

b) in respect of a person known to be under the age of fourteen;

c) a group of persons by prior conspiracy or by an organized group, - shall be

punished by imprisonment for a term of five to eight years, with deprivation of the

right to occupy certain positions or engage in certain activities for a term up to three

years or without it, with confiscation of pornographic materials or objects, and the

means of their production or reproduction.

Footnote. The Code is supplemented by Article 273-1 in accordance with the Law of

the Republic of Kazakhstan dated 23.11.2010 No. 354-IV (shall be enforced upon expiry of

ten calendar days after its first official publication).

Article 274. Illegal Distribution of Works Propagating the Cult of Cruelty

and Violence Illegal Manufacture for the purposes of distribution or advertisement, or

distribution, advertisement, or demonstration of cinema and video materials or other

works which propagate the cult of cruelty and violence, as well as illegal trade in

publications, cinema or video materials propagating the cult of cruelty and violence, -

shall be punished by a fine in an amount from five hundred up to eight hundred monthly

calculation indices, or by correctional labor for a period up to one year, or by

imprisonment for a period up to two years, with confiscation of works propagating the

cult of cruelty and violence, as well as a means of their production or reproduction.

Footnote. Article 274 as amended by the Law of the Republic of Kazakhstan dated

09.11.2011 No. 490-IV (shall be enforced upon expiry of ten calendar days after its

first official publication).

Article 275. Outrage upon Bodies of the Deceased or Places of Their Burial 1. Violation of the bodies of the deceased or destruction, damaging, or

desecration of places of burial, tombs, or the cemetery buildings which are intended for

ceremonies in relation to burial or commemoration, - shall be punished by a fine in an

amount from one hundred up to five hundred monthly calculation indices, or by engaging

in community service for a period from one hundred twenty up to one hundred eighty

hours, or by restriction of liberty for the period of up to three years or by

deprivation of liberty for the same period.

2. The same offences are committed:

a) repeatedly;

b) by a group of persons upon a preliminary collusion or by an organized group;

c) for motives of national, racial, or religious hatred or enmity;

d) with a violence or a threat to apply it;

It shall be punished by restriction of liberty for a period up to five years, or

by imprisonment for the same period.

Footnote. Article 275 as amended by the Laws of the Republic of Kazakhstan dated

05.05.2000 No. 47, dated 09.12.2004 No. 10, dated 18.01.2011 No. 393-IV (shall be

enforced upon expiry of ten calendar days after its first official publication), dated

09.11.2011 No. 490-IV (shall be enforced upon expiry of ten calendar days after its

first official publication).

Article 275-1. Illegal removal of organs and tissues of the corpse man

1. On the lawful removal of body organs or tissues for transplantation or other

use of, or the commission on transactions in organs and tissues of human body, - shall

be punished by imprisonment for up to five years with deprivation of the right to occupy

certain positions or engage in certain activities for a term up to three years or

without it.

2. The same offences are committed:

a) by a group of persons, group of persons by prior conspiracy or by an organized

group;

b) repeatedly;

c) with the use of his official position, it shall be punished by imprisonment for

a term of five to seven years with deprivation of the right to occupy certain positions

or engage in certain activities for a term up to three years or without it.

Footnote. The Chapter is supplemented by Article 275-1 in accordance with the Law

of the Republic of Kazakhstan dated March 2, 2006 No. 131.

Article 276. Cruel Treatment of Animals

1. Cruel treatment of animals which entailed their death or injury, if this

offence is committed for motives of hooliganism, or with the use of sadistic methods, or

in the presence of small children, - shall be punished by a fine of one hundred to two

hundred monthly calculation indices, or correctional labor for up to one year, or by

restriction of liberty for up to one year.

2. The same offence committed by a group of persons, or by a group of persons upon

a preliminary collusion, or by an organized group, or committed repeatedly, - shall be

punished by a fine of five hundred to eight hundred monthly calculation indices or

correctional labor for up to two years, or restraint of liberty for a term up to two

years.

Footnote. Article 276 as amended by the Laws of the Republic of Kazakhstan dated

21.12.2002 No. 363, dated 18.01.2011 No. 393-IV (shall be enforced upon expiry of ten

calendar days after its first official publication), dated 09.11.2011 No. 490-IV (shall

be enforced upon expiry of ten calendar days after its first official publication).

Chapter 11. ECOLOGICAL CRIMES

Article 277. Violation of ecological requirements to the economic and another

activity

Violation of ecological requirements during the use of natural resources,

engineering, allocation, construction and reconstruction, putting into operation and

operation of enterprises, buildings and other objects, operations of industrial

facilities, energy industry, transport and communications, objects of agricultural

appointment and amelioration, construction of the cities and other inhabited localities,

military and defense objects, military and space activity by the persons, who are

responsible for the observance of these requirements, if it resulted in a considerable

pollution of the environment, an infliction of harm to the health of a person, mass

mortality of the plant or the animal world and other grave consequences, - shall be

punished by the deprivation of liberty for a period up to five years with the

deprivation of the right to hold specific posts or to practice a specific activity for a

period up to three years or without it.

Article 278. Violation of ecological requirements during the production and

use of potentially dangerous for ecology chemical, radioactive and biological

substances

1. Violation of ecological requirements during the production, transportation,

keeping, burial, use or other handling of potentially dangerous for ecology chemical,

radioactive and biological substances, if these offences created a threat of an

infliction of a considerable harm to the health of a person or the environment,- shall

be punished by a fine ranging from two hundred to five hundred monthly calculation

indices, or with the restraint of liberty for a period up to three years, or with the

deprivation of liberty for a period up to two years.

2. The same offence, that resulted in a pollution, poisoning or the contamination

of the environment, an infliction of harm to the health of a person or mass mortalities

of the plant or the animal world, and equally committed in the territory with the

environmental emergency, - shall be punished with the deprivation of liberty for a

period up to five years.

3. The offences specified in the first or second parts of the present article,

which negligence resulted in mass disease of people or the death of a person, - shall be

punished with the deprivation of liberty for a period from three to eight years.

Footnote. Article 278 as amended by the Law of the Republic of Kazakhstan dated

09.11.2011 No. 490-IV (shall be enforced upon expiry of ten calendar days after its

first official publication).

Article 279. Violation of safety rules during the handling of microbiological

or other biological agents or toxins

1. Violation of ecological requirements during the storage, destruction or burial

of microbiological or other biological agents either toxins or their illegal importation

in the Republic of Kazakhstan for the recycling, keeping or burial, if it created a

threat of an infliction of a considerable harm to the health of a person or the

environment, - shall be punished by a fine ranging from two hundred to five hundred

monthly calculation indices, or with the restraint of liberty for a period up to three

years, or with the deprivation of liberty for a period up to two years.

2. The same offence, that resulted in a pollution, poisoning or contamination of

the environment, an infliction of harm to the health of a person or the mass mortality

of the plant or animal world, and equally committed in the territory with the

environmental emergency, shall be punished by the deprivation of liberty for a period up

to five years.

3. The offences are specified by the first or second parts of the present article,

which negligence resulted in mass disease or the death of a person, - shall be punished

with the deprivation of liberty for a period from three to eight years.

Footnote. Article 279 as amended by the Law of the Republic of Kazakhstan dated

09.11.2011 No. 490-IV (shall be enforced upon expiry of ten calendar days after its

first official publication).

Article 280. Violation of veterinary rules and the rules, which are

established for the disease and plant pests’ control

1. Violation of veterinary rules, that resulted in spreading of epizootics or

other grave consequences, - shall be punished by a fine ranging from five hundred to one

thousand monthly calculation indices, or with the corrective labor for a period up to

two years, or with the restraint of liberty for a period up to three years, or with the

deprivation of liberty for a period up to three years.

2. Violation of the rules, which are established for the disease and plant pest

control, that resulted in grave consequences, - shall be punished by a fine ranging from

two hundred to five hundred monthly calculation indices, or with the corrective labor

for a period up to one year, or with the restraint of liberty for a period up to two

years, or with the deprivation of liberty for a period up to two years.

Footnote. Article 280 as amended by the Law of the Republic of Kazakhstan dated

09.11.2011 No. 490-IV (shall be enforced upon expiry of ten calendar days after its

first official publication).

Article 281. Pollution, clogging and depletion of waters

1. Pollution, clogging, depletion of surface or underground waters, ice cellars,

sources of public water supply or other change of their natural properties, if these

offences resulted in an infliction of a considerable harm to the plant or animal world,

fish resources, forest management or agriculture, - shall be punished by a fine ranging

from one hundred to two hundred monthly calculation indices, or with the deprivation of

the right to hold specific posts or to practice a specific activity for a period up to

five years, or with the corrective labor for a period up to one year, or with the

restraint of liberty for a period up to one year.

2. The same offences that resulted in an infliction of harm to the health of a

person or the mass mortality of the plant or animal world, and equally committed in the

natural areas of preferential protection or in the territories with the environmental

emergency, - shall be punished by the deprivation of liberty for a period up to five

years.

3. The offences specified in the first or second parts of the present article that

negligence resulted in a death of a person, - shall be punished with the deprivation of

liberty for a period up to five years.

Footnote. Article 281 as amended by the Laws of the Republic of Kazakhstan dated

09.12.2004 No. 10; dated 18.01.2011 No. 393-IV (shall be enforced upon expiry of ten

calendar days after its first official publication); dated 09.11.2011 No. 490-IV (shall

be enforced upon expiry of ten calendar days after its first official publication).

Article 282. Pollution of Atmosphere 1. Violation of rules of pollutant emissions in the atmosphere or work

instructions of installations, buildings and other objects, if this offence resulted in

the pollution or another change of natural properties of air, which is connected with an

infliction of a particularly large-scale damage, - shall be punished by a fine ranging

from one hundred to two hundred monthly calculation indices, or with the deprivation of

the right to hold specific posts or to practice a specific activity for a period up to

five years, or with the corrective labor for a period up to one year, or with the

restraint of liberty for a period up to one year.

2. The same offence, that resulted in an infliction of harm to the health of a

person, - shall be punished by a fine ranging from two hundred to five hundred monthly

calculation indices, or with the corrective labor for a period up to two years, or with

the restraint of liberty for a period up to three years, or with the deprivation of

liberty for the same period.

3. If the offences specified in the first or second parts of the present article,

negligently resulted in the death of a person, they shall be punished by the deprivation

of liberty for a period up to five years.

Footnote. Article 282 as amended by the Laws of the Republic of Kazakhstan dated

09.12.2004 No. 10; dated 18.01.2011 No. 393-IV (shall be enforced upon expiry of ten

calendar days after its first official publication); dated 09.11.2011 No. 490-IV (shall

be enforced upon expiry of ten calendar days after its first official publication);

dated 03.12.2011 No. 505-IV (shall be enforced upon expiry of ten calendar days after

its first official publication).

Article 283. Pollution of the marine environment

1. Pollution of the marine environment from the sources which are situated on the

shore or as a result of violation of rules of burial or emission of substances and

consumables from the transport facilities or erected artificial structures in the sea,

which are harmful to the health of a person and to marine life resources or which

prevent from the legitimate use of marine environment, - shall be punished by a fine

ranging from two hundred to five hundred monthly calculation indices, or with the

deprivation of the right to hold specific posts or to practice a specific activity for a

period up to five years, or with the corrective labor for a period up to two years, or

with the restraint of liberty for a period up to one year.

2. The same offence, that resulted in a considerable harm to the health of a

person, the plant or animal world, fish resources, environment, recreation zones or

other protected by the law interests, - shall be punished by the deprivation of liberty

for a period up to three years with a fine ranging from fifty to one hundred monthly

calculation indices.

3. The offences specified in the first or second parts of the present article that

negligence resulted in a death of a person, - shall be punished by the deprivation of

liberty for a period up to five years.

Footnote. Article 283 as amended by the Laws of the Republic of Kazakhstan dated

09.12.2004 No. 10; dated 18.01.2011 No. 393-IV (shall be enforced upon expiry of ten

calendar days after its first official publication); dated 09.11.2011 No. 490-IV (shall

be enforced upon expiry of ten calendar days after its first official publication).

Article 284. Violation of the legislation of continental shelf of the

Republic of Kazakhstan and of exclusive economic zone of the Republic of

Kazakhstan 1. Illegal erection of buildings on the continental shelf of the Republic of

Kazakhstan, illegal creation of safety zones around it or in the exclusive economic zone

of the Republic of Kazakhstan, and equally violation of rules of construction,

operation, protection and liquidation of erected buildings and security facilities of

marine navigation, - shall be punished by a fine ranging from two hundred to five

hundred monthly calculation indices, or with the deprivation of the right to hold

specific posts or to practice a specific activity for a period up to three years, or

with the corrective labor for a period up to two years.

2. Research, exploration, exploitation of natural resources of the continental

shelf of the Republic of Kazakhstan or the exclusive economic zone of the Republic of

Kazakhstan, which are conducted without a proper permission are punished by a fine

ranging from five hundred to seven hundred monthly calculation indices, or with the

corrective labor for a period up to two years with the deprivation of the right to hold

specific posts or to practice a specific activity for a period up to three years or

without it.

Footnote. Article 284 as amended by the Law of the Republic of Kazakhstan dated

09.11.2011 No. 490-IV (shall be enforced upon expiry of ten calendar days after its

first official publication).

Article 285. Deterioration of the land

1. Poisoning, pollution or another deterioration of the land by the harmful

products of economic or another activity as a result of violation of the rules of

handling with toxic chemicals, fertilizers, plant growth stimulants and other dangerous

chemical, radioactive or biological substances during its keeping, use, transportation

or burial, that resulted in an infliction of harm to the health of a person or the

environment, deterioration of natural properties of the land, - shall be punished by a

fine ranging from two hundred to five hundred monthly calculation indices, or with the

deprivation of the right to hold specific posts or to practice a specific activity for a

period up to three years, or with the corrective labor for a period up to two years.

2. The same offences which are committed in the territory with the environmental

emergency, - shall be punished by the restraint of liberty for a period up to three

years or with the deprivation of liberty for the same period.

3. The offences specified in the first or second parts of the present article that

through negligence resulted in a death of a person, - shall be punished by the

deprivation of liberty for a period up to five years.

Footnote. Article 285 as amended by the Laws of the Republic of Kazakhstan dated

09.12.2004 No. 10; dated 09.11.2011 No. 490-IV (shall be enforced upon expiry of ten

calendar days after its first official publication).

Article 286. Violation of rules of protection and subsurface resources use

1. Violation of rules of protection and subsurface use during the engineering,

allocation, building, putting into operation and operation of mining enterprises or

subsurface facilities, which are not connected with the extraction of natural resource,

and equally unwarranted building on areas of natural resources occurrence, if these

offences resulted in an infliction of a considerable damage, - shall be punished by a

fine ranging from two hundred to five hundred monthly calculation indices, or with the

deprivation of the right to hold specific posts or to practice a specific activity for a

period up to three years, or with the corrective labor for a period up to two years.

2. Violation of general ecological requirements at all stages of subsurface

management, if it resulted in a mass mortality of the plant or the animal world, an

infliction of a large-scale damage to the state, harm to the health of the population, -

shall be punished by the deprivation of liberty for a period up to five years with the

deprivation of the right to hold specific posts or to practice a specific activity for a

period up to three years or without it.

3. The offence specified in the second part of the present article, that

negligence resulted in mass disease of people or a death of a person is punished by the

deprivation of liberty for a period from three to eight years.

Footnote. Article 286 as amended by the Laws of the Republic of Kazakhstan dated

09.12.2004 No. 10; dated 09.11.2011 No. 490-IV (shall be enforced upon expiry of ten

calendar days after its first official publication).

Article 287. Illegal extraction of fish resources and other water animals and

plants Footnote. Title is amended by the Law of the Republic of Kazakhstan dated

21.01.2010 No. 242-IV (the order of enforcement see Art.2).

1. Illegal extraction of fish resources and other water animals or plants, if this

offence is committed:

a) with an infliction of a considerable damage;

b) with the use of explosives and chemical substances, electric current or other

ways of mass annihilation of fish resources and other water animals and plants,- shall

be punished by a fine ranging from two hundred to five hundred monthly calculation

indices or with the corrective labor for a period up to two years, or with the restraint

of liberty for a period up to one year, or with the deprivation of right to hold

specific posts or to practice a specific activity for a period up to three years with

confiscation of property, which appears to be the object of criminal offences, an

instrument or means of committing a crime, an item, which is withdrawn from circulation.

2. The same offence is committed:

a) by more than once;

b) with regard to sturgeon species of fish;

c) in the places of spawning or on migratory paths to them;

d) by a person with the appropriation of his corporate opportunities;

e) by a group of persons with the previous concert;

f) with the use of self-propelled floating vehicle;

g) in the natural areas of preferential protection and in the territories with the

environmental emergency, - shall be punished by a fine ranging from five hundred to

seven hundred monthly calculation indices or with the deprivation of liberty for a

period up to two years with the deprivation of right to hold specific posts or to

practice a specific activity for a period up to three years or without it, with

confiscation of property of a convicted person, as well as the property, which appears

to be the object of criminal activities, a tool or means of committing a crime, an item,

which is withdrawn from the circulation.

3. The offences specified in the first and second parts of the present article,

which are committed with an infliction of a large-scale damage or an organized group,

shall be punished by the deprivation of liberty for a period from two to five years with

confiscation of property of a convicted person, as well as the property, which appears

to be the object of criminal activities, a tool or means of committing a crime, an item,

which is withdrawn from the circulation.

Footnote. Article 287 is in the wording of the Law of the Republic of Kazakhstan

dated 09.12.2004 No. 10; as amended by the Laws of the Republic of Kazakhstan dated

21.01.2010 No. 242-IV (the order of enforcement see Art. 2); dated 18.01.2011 No. 393-IV

(shall be enforced upon expiry of ten calendar days after its first official

publication); dated 09.11.2011 No. 490-IV (shall be enforced upon expiry of ten calendar

days after its first official publication).

Article 288. Illegal hunting

1. Illegal hunting, if this offence is committed:

a) is excluded by the Law of the Republic of Kazakhstan dated 18.01.2011 No. 393-

IV (shall be enforced upon expiry of ten calendar days after its first official

publication);

b) with the use of motor vehicle or aircraft, explosives, gas and other methods of

mass annihilation of animals;

c) is excluded by the Law of the Republic of Kazakhstan dated 25.01.2012 No. 548-

IV (shall be enforced upon expiry of ten calendar days after its first official

publication);

d) in the natural areas of preferential protection and in the territories with the

environmental emergency, - shall be punished by a fine ranging from two hundred to five

hundred monthly calculation indices, or with the corrective labor for a period up to two

years, or with the restraint of liberty up to one year with confiscation of property,

which appears to be the object of criminal activities, a tool or means of committing a

crime, an item, which is withdrawn from the circulation.

2. The same offence, which is committed more than once, by a person with the

appropriation of his corporate opportunities or by a group of persons with the previous

concert or by an organized group, - shall be punished by a fine ranging from five

hundred to seven hundred monthly calculation indices or with the deprivation of liberty

for a period up to two years with the deprivation of the right to hold specific posts or

to practice a specific activity for a period up to three years or without it, with

confiscation of property, which appears to be the object of criminal activities, a tool

or means of committing a crime, an item, which is withdrawn from the circulation.

3. The offences specified in the first or second parts of the present article,

which are committed with an infliction of a large-scale damage or by an organized group,

- shall be punished by the deprivation of liberty for a period from two to five years

with confiscation of property of a convicted person, as well as the property, which

appears to be the object of criminal activities, a tool or means of committing a crime,

an item, which is withdrawn from the circulation.

Note.

A considerable damage in the articles of the present chapter is admitted as an

extent of damage by one hundred and manifold exceeding a monthly calculation index,

which is established by the legislation of the Republic of Kazakhstan by the time of

committing a crime. A large-scale damage is admitted as damage by three hundred and

manifold exceeding a monthly calculation index, which is established by the legislation

of the Republic of Kazakhstan by the time of committing a crime. A particularly large-

scale damage is admitted as damage by fifty thousand and manifold exceeding a monthly

calculation index, which is established by the legislation of the Republic of Kazakhstan

by the time of committing a crime.

Footnote. Article 288 as amended by the Laws of the Republic of Kazakhstan dated

09.12.2004 No. 10; dated 18.01.2011 No. 393-IV (shall be enforced upon expiry of ten

calendar days after its first official publication); dated 09.11.2011 No. 490-IV (shall

be enforced upon expiry of ten calendar days after its first official publication);

dated 03.12.2011 No. 505-IV (shall be enforced upon expiry of ten calendar days after

its first official publication); dated 25.01.2012 No. 548-IV (shall be enforced upon

expiry of ten calendar days after its first official publication).

Article 289. Violation of rules of wild life protection

Mass destruction or mortality of animal world as a result of the violation of

rules of its protection during the implementation of industrial processes and the

operation of transport facilities, use of plant-protecting agents, mineral fertilizers

and other products, as well as the order of use and the protection of hunting areas and

fishery waters, that caused a large-scale damage, - shall be punished by a fine ranging

from two hundred to five hundred monthly calculation indices, or with the corrective

labor for a period up to two years, or with the deprivation of the right to hold

specific posts or to practice a specific activity for a period up to three years.

Footnote. Article 289 as amended by the Law of the Republic of Kazakhstan dated

09.11.2011 No. 490-IV (shall be enforced upon expiry of ten calendar days after its

first official publication).

Article 290. Illegal treatment with rare and endangered species of plants and

animals (or) their parts and derivatives, as well as with plants and animals and

(or) their parts and derivatives, the withdrawal of which is prohibited

Illegal extraction, purchase, storage, sale, importation, exportation,

transmission, transportation, and equals the destruction of rare and endangered species

of plants and animals and (or) their parts and derivatives, as well as the plants and

animals and (or) their parts and derivatives, upon which the ban is imposed for the use,

or their habitat areas, - shall be punished by the restraint of liberty for a period up

to three years or with the deprivation of liberty for the same period with confiscation

of property of a convicted person, as well as the property, which appears to be the

object of criminal activities, a tool or means of committing a crime, an item which is

withdrawn from the circulation.

Footnote. Article 290 is in the wording of the Law of the Republic of Kazakhstan

dated 25.01.2012 No. 548-IV (shall be enforced upon expiry of ten calendar days after

its first official publication).

Article 291. Illegal felling of trees and bushes

1. Illegal felling, and equally a damage up to the degree of growth cessation of

trees and bushes in a forest area, as well as the trees and bushes, which are not part

of the forest area, if these offences caused a considerable damage, - shall be punished

by a fine ranging from one hundred to two hundred monthly calculation indices or with

the corrective labor for a period from six months to one year with confiscation of

property of a convicted person, as well as the property, which appears to be the object

of criminal activities, a tool or means of committing a crime, an item which is

withdrawn from the circulation.

2. The same offences are committed:

a) by more than once;

b) by a person with the appropriation of his corporate opportunities;

c) with an infliction of a large-scale damage, - shall be punished by a fine

ranging from two hundred to five hundred monthly calculation indices or with the

corrective labor for a period from one year to two years, or with the deprivation of

right to hold specific posts or to practice a specific activity for a period up to three

years with confiscation of property of a convicted person, as well as the property,

which appears to be the object of criminal activities, a tool or means of committing a

crime, an item which is withdrawn from the circulation.

3. The offences specified by the first or second parts of the present article,

which are committed in natural areas of preferential protection or by an organized

group, - shall be punished by a fine ranging from five hundred to seven hundred monthly

calculation indices or with the deprivation of liberty for a period up to three years

with confiscation of property of a convicted person, as well as the property, which

appears to be the object of criminal activities, a tool or means of committing a crime,

an item, which is withdrawn from the circulation.

Footnote. Article 291 is in the wording of the Law of the Republic of Kazakhstan

dated 09.12.2004 No. 10; as amended by the Laws of the Republic of Kazakhstan dated

09.11.2011 No. 490-IV (shall be enforced upon expiry of ten calendar days after its

first official publication); dated 25.01.2012 No. 548-IV (shall be enforced upon expiry

of ten calendar days after its first official publication).

Article 292. Destruction or damage of forests

1. Destruction or damage of forests, as well as the plantation, which is not part

of forest area, as a result of negligent handling of fire or another source of increased

danger, if this offence caused a large-scale damage, - shall be punished by a fine

ranging from two hundred to five hundred monthly calculation indices, or with the

corrective labor for a period up to two years, or with the restraint of liberty for a

period up to two years, or with the deprivation of liberty for the same period.

2. Intentional destruction or damage of forests, and equally the plantation, which

is not part of the forest area, by means of arson, or another generally dangerous method

or as a result of contamination with harmful substances, waste products, emissions or

garbage, - shall be punished with the deprivation of liberty for a period from three to

eight years.

Footnote. Article 292 as amended by the Laws of the Republic of Kazakhstan dated

18.01.2011 No. 393-IV (shall be enforced upon expiry of ten calendar days after its

first official publication); dated 09.11.2011 No. 490-IV (shall be enforced upon expiry

of ten calendar days after its first official publication); dated 03.12.2011 No. 505-IV

(shall be enforced upon expiry of ten calendar days after its first official

publication).

Article 293. Violation of regime of natural areas of preferential protection

1. Violation of regime of natural areas of preferential protection, that resulted

in an infliction of a considerable damage, - shall be punished by a fine ranging from

one hundred to two hundred monthly calculation indices, or with the deprivation of the

right to hold specific posts or to practice a specific activity for a period up to three

years, or with the corrective labor for a period from six months to one year.

2. Intentional damage or destruction of state objects of nature-reserved fund in

the natural areas of preferential protection, that resulted in an infliction of a

considerable damage, - shall be punished with the restraint of liberty for a period up

to three years or with the deprivation of liberty for the same period.

Footnote. Article 293 as amended by the Law of the Republic of Kazakhstan dated

09.11.2011 No. 490-IV (shall be enforced upon expiry of ten calendar days after its

first official publication).

Article 294. Non-adoption of measures in liquidation of consequences of

ecological pollution Evasion of conduct or improper conduct of decontamination or other rehabilitative

measures in areas, which are subject to ecological pollution, by persons, who are

imposed with a duty to take such measures, that resulted in a death of a person or mass

diseases of people, or other grave consequences for the environment, - shall be punished

by a fine ranging from five hundred to one thousand monthly calculation indices or with

the deprivation of liberty for a period up to five years with the deprivation of the

right to hold specific posts or to practice a specific activity for the same period.

Chapter 12. TRANSPORT CRIMES

Article 295. Violation of traffic safety rules and the operation of railway,

air or water transport

1. The Violation of traffic safety rules or the operation of the railway, air,

marine or the river transport of a person, due to the carrying out work or the position

which is held by the one who is obliged to follow the regulations, if this offence

negligently resulted in the infliction of a serious or a medium gravity harm to the

health of a person, - shall punished by the corrective labor for a period from six

months to two years, or with the restraint of liberty for a period up to two years, or

with the deprivation of liberty for a period up to two years with the deprivation of the

right to hold specific posts or to practice a specific activity for a period up to three

years or without it.

2. The same offence which negligence resulted in a death of a person, - shall be

punished by the deprivation of liberty for a period up to seven years with the

deprivation of the right to hold specific posts or to practice a specific activity for a

period up to three years or without it.

3. The offence specified in the first part of the present article, that negligence

resulted in death of two or more persons, - shall be punished by the deprivation of

liberty for a period from four to ten years with the deprivation of the right to hold

specific posts or to practice a specific activity for a period up to three years or

without it.

4. The offence specified in the first part of the present article, if it didn’t

result in, but knowingly produced a threat of oncoming consequences, which are specified

by the first, second or third parts of this Article, - shall be punished by a fine in

the amount up to one thousand monthly calculation indices, or by the deprivation of the

right to hold specific posts or to practice a specific activity for a period up to three

years, or with the corrective labor for a period up to one year, or with the restraint

of liberty for a period up to one year or with the deprivation of liberty for the same

period with the deprivation of right to hold specific posts or to practice a specific

activity for a period up to two years or without it.

Note. Under the transport, all kinds of railway, marine, river and air transport,

including marine and river small craft are regarded.

Footnote. Article 295 as amended by the Laws of the Republic of Kazakhstan dated

05.05.2000 No. 47; dated 18.01.2011 No. 393-IV (shall be enforced upon expiry of ten

calendar days after its first official publication); dated 09.11.2011 No. 490-IV (shall

be enforced upon expiry of ten calendar days after its first official publication).

Article 296. Violation of traffic regulations and the operation of transport

facilities by the persons who operate the transport facilities 1. The violation by a person, who operates a car, trolley bus, tramway or another

motor vehicle of traffic regulations or the operation of transport facilities, that

negligently resulted in an infliction of serious harm to the health of a person, - shall

be punished with the restraint of liberty for a period up to two years, or with the

deprivation of liberty for a period up to two years with the deprivation of right to

operate the transport facility for a period up to three years or without it.

2. The same offence that negligently resulted in a death of a person, - shall be

punished by the deprivation of liberty for a period up to five years with the

deprivation of right to operate the transport facility for a period up to three years.

3. The offence specified by the first part of the present article, that

negligently resulted in death of two or more persons, - shall be punished by the

deprivation of liberty for a period from five to ten years.

Note. Under other motor vehicles in this Article, the tractors, motorcycles and

other self-propelled vehicles are regarded.

Footnote. Article 296 as amended by the Law of the Republic of Kazakhstan dated

18.01.2011 No. 393-IV (shall be enforced upon expiry of ten calendar days after its

first official publication).

Article 297. Abandonment of the place of the road traffic accident

Abandonment of the place of the road traffic accident by a person, who operates

the transport facility and who violated the traffic regulations or the operation of the

transport facilities, in case of oncoming consequences, which is specified by the

article 296 of this Code, - shall be punished by the restraint of liberty for a period

up to two years, or with the deprivation of liberty for a period up to two years with

the deprivation of right to hold specific posts or to practice a specific activity for a

period up to two years or without it.

Note. The person, who left the place of the road traffic accident on account of

the rendering of assistance to the injured persons, shall be acquitted of the criminal

liability according to this Article.

Footnote. Article 297 as amended by the Law of the Republic of Kazakhstan dated

18.01.2011 No. 393-IV (shall be enforced upon expiry of ten calendar days after its

first official publication).

Article 298. The inferior repair of transport facilities and their release

for service with technical faults, permission to operate the transport facility

by a person in a state of intoxication 1. The inferior repair of the transport facilities, means of the communication,

warning devices either the connection or other transport equipment, and equally the

release of service knowingly technically out of repair transport facilities of a person,

who is responsible for the technical state of the transport facilities, if these

offences negligently resulted in an infliction of a serious harm to the health, - shall

be punished by a fine ranging from four hundred to seven hundred monthly calculation

indices, or with the involvement in the community service for a period from one hundred

eighty to two hundred forty hours, or with the restraint of liberty for a period up to

two years, or with the deprivation of liberty for the same period with the deprivation

of right to hold specific posts or to practice a specific activity for a period up to

three years or without it.

2. The permission to the operation of the transport facility of a person, being in

a state of alcohol, drug or other intoxication, which is committed by the proprietor or

owner of a transportation facility, if it negligently resulted in an infliction of a

serious harm to the health, - shall be punished by a fine ranging from four hundred to

seven hundred monthly calculation indices, or with the involvement in the community

service for a period from one hundred eighty to two hundred forty hours, or with the

restraint of liberty for a period up to two years, or with the deprivation of liberty

for the same period with the deprivation of the right to hold specific posts or to

practice a specific activity for a period up to three years or without it.

3. The offences specified by the first or second parts of the present article

which negligence resulted in a death of a person, - shall be punished by the deprivation

of liberty for a period up to five years.

4. The offences are specified in the first or second parts of the present article,

that negligence resulted in death of two or more persons, - shall be punished by the

deprivation of liberty for a period from four to ten years with the deprivation of the

right to hold specific posts or to practice a specific activity for a period up to three

years.

Footnote. Article 298 as amended by the Laws of the Republic of Kazakhstan dated

18.01.2011 No. 393-IV (shall be enforced upon expiry of ten calendar days after its

first official publication); dated 09.11.2011 No. 490-IV (shall be enforced upon expiry

of ten calendar days after its first official publication).

Article 299. Intentional disablement of the transport facilities or means of

the communication

1. Intentional destruction, damage or another way of disablement of the state of

the transport facility for the operation, means of communication, warning devices either

the connection or other transport equipment, and equally the blocking of transportation

services, if these offences negligently resulted in an infliction of a serious or a

medium gravity harm to the health of a person, or an infliction of a large-scale damage,

or the disorder of the ordinary operation of the transport and the connection, - shall

be punished by a fine ranging from four hundred to seven hundred monthly calculation

indices, or with the restraint of liberty for a period up to four years, or with the

deprivation of liberty for the same period.

2. The same offences, which negligence resulted in a death of a person, - shall be

punished by the deprivation of liberty for a period from three to eight years.

3. The offences specified in the first part of the present article, that

negligence resulted in a death of two or more persons, - shall be punished by the

deprivation of liberty for a period from six to ten years.

Note.

The large-scale damage in the articles of a present chapter is admitted to be the

damage, inflicted to a citizen in the amount, hundredfold exceeding a monthly

calculation index, or the damage, inflicted to the organization or the state in the

amount, five hundredfold exceeding a monthly calculation index, established by the

legislation of the Republic of Kazakhstan at the moment of a committing a crime.

Footnote. Article 299 as amended by the Laws of the Republic of Kazakhstan dated

09.12.2004 No. 10; dated 18.01.2011 No. 393-IV (shall be enforced upon expiry of ten

calendar days after its first official publication); dated 09.11.2011 No. 490-IV (shall

be enforced upon expiry of ten calendar days after its first official publication).

Article 300. Violation of the rules, providing safe work of the transport

1. Violation by a passenger, a pedestrian or another participant of the traffic

(except for the persons, specified in the articles 295, 296 of this Code) traffic safety

rules or the transport facilities operation, if this offence negligently resulted in an

infliction of serious harm to the health of a person, - shall be punished by a fine in

the amount up to seven hundred monthly calculation indices, or with the restraint of

liberty for a period up to two years, or with the deprivation of liberty for the same

period.

2. The same offence, which negligence resulted in a death of a person, - shall

punished with the restraint of liberty for a period up to four years or with the

deprivation of liberty for the same period.

3. The offence is specified by the first part of the present article, that

negligence resulted in death of two or more persons, - shall be punished by the

deprivation of liberty for a period from three to eight years.

Footnote. Article 300 as amended by the Laws of the Republic of Kazakhstan dated

18.01.2011 No. 393-IV (shall be enforced upon expiry of ten calendar days after its

first official publication); dated 09.11.2011 No. 490-IV (shall be enforced upon expiry

of ten calendar days after its first official publication).

Article 301.The unwarranted and unnecessary stops of the train

The unwarranted and unnecessary stop of the train by the conductor’s valve or by

means of the disconnecting air brake line or by another way, if it resulted in a death

of a person or other grave consequences, - shall be punished with the deprivation of

liberty for a period from two to eight years.

Article 302. Violation of the rules operating in the transport

1. Violation of the order safety rules and traffic safety rules operating in the

transport by persons who carry out administrative functions in the road, building and

other organizations and by those who are responsible for the road operation and the road

buildings, their equipment, and also for the traffic management, that inflicted a

serious or medium gravity harm to the health, which is committed by a person, who was

enforced during one year with the administrative sanction for the commission of the same

offence, - shall be punished by a fine ranging from one hundred to five hundred monthly

calculation indices or with the restraint of liberty for a period up to one year with

the deprivation of the right to hold specific posts or to practice a specific activity

for a period up to three years or without it.

2. The same offence, that resulted in a death of a person or other grave

consequences, - shall be punished with the restraint of liberty for a period up to five

years or with the deprivation of liberty for the same period with the deprivation of the

right to hold specific posts or to practice a specific activity for a period up to three

years or without it.

Footnote. Article 302 is in the wording of the Law of the Republic of Kazakhstan

dated 09.11.2011 No. 490-IV (shall be enforced upon expiry of ten calendar days after

its first official publication).

Article 303. Violation of safety rules during the construction, operation or

the repair of the main pipelines 1. Violation of safety rules during the construction, operation or the repair of

the main pipelines, if this offence negligently resulted in an infliction of serious

harm to the health of a person or the infliction of large-scale damage, - shall be

punished by the restraint of liberty for a period up to two years, or with the

deprivation of liberty for the same period with the deprivation of the right to hold

specific posts or to practice a specific activity for a period up to three years or

without it.

2. The same offence, which negligence resulted in a death of a person, - shall be

punished by the deprivation of liberty for a period up to five years.

3. The offence specified in the first part of the present article, that negligence

resulted in death of two or more persons, - shall be punished with the deprivation of

liberty for a period from four to ten years.

Footnote. Article 303 as amended by the Law of the Republic of Kazakhstan dated

18.01.2011 No. 393-IV (shall be enforced upon expiry of ten calendar days after its

first official publication).

Article 304. Intentional damage or the destruction of the pipelines

1. Intentional damage or the destruction of the pipelines, including oil and gas

pipelines, - shall be punished with the restraint of liberty for a period up to two

years with the deprivation of liberty for the same period with the confiscation of

property, which appeared to be the instrument or the means of a crime.

2. The same offence is:

a) negligently resulted in serious or medium gravity harm to the health of a

person;

b) committed more than once;

c) committed by a group of persons with the previous concert, - shall be punished

with the deprivation of liberty for a period from two to five years with the

confiscation of property, which appeared to be the instrument or the means of a crime.

3. The offence specified in the first part of the present article:

a) that resulted in the pollution of the environment;

b) that resulted in an infliction of a large-scale damage;

c) which is committing by an organized group;

d) that negligently resulted in a death of a person,

it shall be punished by the deprivation of liberty for a period from seven to ten

years with the confiscation of property of a convicted person or without it, as well as

the property, which appeared to be the instrument or the means of a crime.

Footnote. Article 304 is in the wording of the Law of the Republic of Kazakhstan

dated 06.10.2010 No. 343-IV (shall be enforced upon expiry of ten calendar days after

its first official publication).

Article 304-1.Negligent damage or the destruction of the pipelines 1. The Damage or the destruction of the pipelines, including oil and gas

pipelines, which was negligently committed, that resulted in a deviation from the

established operating regime or that produced a credible threat of an infliction of harm

to the health of people or the environment, - shall be punished by a fine ranging from

three hundred to six hundred monthly calculation indices.

2. The same offence is resulted in:

a) negligent infliction of serious or medium gravity harm to the health of a

person;

b) the pollution of the environment;

c) an infliction of a large-scale damage;

d) a negligent death of a person, - shall be punished with the restraint of

liberty for a period up to two years or with the deprivation of liberty for the same

period.

Footnote. The Code is supplemented by Article 304-1 in accordance with the Law of

the Republic of Kazakhstan dated 06.10.2010 No. 343-IV (shall be enforced upon expiry of

ten calendar days after its first official publication); as amended by the Law of the

Republic of Kazakhstan dated 18.01.2011 No. 393-IV (shall be enforced upon expiry of ten

calendar days after its first official publication).

Article 305. Failure to render assistance to those who were in distress by

the captain of a ship 1. Failure to render assistance to the people, who were in distress on the sea or

on another waterway by the captain of a ship, if this assistance could be rendered

without a serious danger for a ship, its crew and the passengers, - shall be punished by

a fine ranging from two hundred to seven hundred monthly calculation indices, or with

the restraint of liberty for a period up to three years, or with the deprivation of

liberty for a period up to two years with the deprivation of right to hold specific

posts or to practice a specific activity for a period for a period up to three years or

without it.

2. Non-adoption of proper measures by a captain of one of the ship which fell

aboard or on the waterway, for the salvage of another ship, that negligently resulted in

a loss of a ship or other grave consequences, if these measures could be assumed without

a serious danger for a ship, its crew and the passengers, - shall be punished with the

deprivation of right to hold specific posts or to practice a specific activity for a

period up to three years or with the corrective labor for a period up to two years.

Footnote. Article 305 as amended by the Law of the Republic of Kazakhstan dated

09.11.2011 No. 490-IV (shall be enforced upon expiry of ten calendar days after its

first official publication).

Article 306.Violation of international flight rules

1. Nonobservance of specified in the permission routes, landing areas, air gate,

flight altitude or another violation of international flight rules,- shall be punished

by a fine ranging from five hundred to one thousand monthly calculation indices, or with

the corrective labor for a period up to two years, or with the restraint of liberty for

a period up to two years, or with the deprivation of liberty for a period up to three

years with the deprivation of the right to hold specific posts or to practice a specific

activity for a period up to three years or without it.

2. The same offences that resulted in a death of a person or other grave

consequences, - shall be punished by the deprivation of liberty for a period from three

to ten years.

Footnote. Article 306 as amended by the Laws of the Republic of Kazakhstan dated

18.01.2011 No. 393-IV (shall be enforced upon expiry of ten calendar days after its

first official publication); dated 09.11.2011 No. 490-IV (shall be enforced upon expiry

of ten calendar days after its first official publication).

Chapter 13. CORRUPTION AND OTHER CRIMES AGAINST INTERESTS OF STATE SEVICE AND

STATE ADMINISTRATION Footnote. The Title of Chapter 13 is in the wording of the Law of the Republic of

Kazakhstan dated 25.09.2003 No. 484.

Article 307. Abuse of official powers 1.Abuse of official powers by a person, who is empowered to fulfill state

functions, or equated to his person contrary to the interests of service with a view of

deriving profits and benefits for himself or other persons or organizations or an

infliction of harm to other persons or organizations, if it resulted in a considerable

infringement of rights and legitimate interests of citizens and organizations are

protected by the law interests of the society and the state, - shall be punished by a

fine ranging from five hundred to one thousand monthly calculation indices or with the

deprivation of right to hold specific posts or to practice a specific activity for a

period up to three years, or with the restraint of liberty for a period up to two years,

or with the deprivation of liberty for the same period.

2. The same offence, which is committed by an office holder, - shall be punished

by a fine ranging from one thousand to two thousand monthly calculation indices or with

the deprivation of the right to hold specific posts or to practice a specific activity

for a period up to five years, or with the deprivation of liberty for a period up to

four years.

3. The same offence, which is committed by a person, who holds a senior public

position, - shall be punished by a fine ranging from two thousand to four thousand

monthly calculation indices or with the deprivation of liberty for a period up to six

years with the deprivation of the right to hold specific posts or to practice a specific

activity for a period up to five years or without it.

4. The offences specified in the first, second or the third parts of the present

article, that resulted in grave consequences or committed on behalf of an organized

group or a criminal community (criminal organization), - shall be punished by the

deprivation of liberty for a period from four to eight years with the deprivation of the

right to hold specific posts or to practice a specific activity for a period up to seven

years with the confiscation of property.

Note.

1. Office holders, parliament and maslikhat deputies, judges and all public

servants belong to the persons, who are empowered to fulfill state functions, in

accordance with the legislation of the Republic of Kazakhstan of the state service.

2. The persons, who are empowered to fulfill state functions, equate to:

1) The persons, who are elected to the local government bodies;

2) The citizens, who are registered in accordance with the established by the law

order as Presidential candidates of the Republic of Kazakhstan, Parliament and Maslikhat

deputies of the Republic of Kazakhstan, as well as the members of elective bodies of the

local government;

3) The employees, who permanently or temporarily work with the local government

bodies, whose remuneration of labor shall be carried out from the funds of the state

budget of the Republic of Kazakhstan;

4) The persons who fulfill administrative functions in the state organizations and

the organizations, in the charter capital of which state’s portion comprises more than

fifty percent, including the national managing holding companies, national holding

companies, national companies, national institutes of development, whose shareholder is

the state, their subsidiary organizations, more than fifty percent of voting shares

(equity share) of which belong to them, as well as juridical persons, more than fifty

percent of voting shares (equity share) belong to the within-named subsidiary

organizations.

3. The persons are admitted to be the office holders, who permanently, temporarily

or according to the special empowerment fulfill the functions of the representative of

an organizational-regulatory or administrative functions in the public bodies, local

government bodies, and also in the Armed Forces of the Republic of Kazakhstan, in other

military forces and military formations of the Republic of Kazakhstan.

4. The persons who hold senior public positions, are regarded as persons who hold

positions, which are established by the Constitution of the Republic of Kazakhstan,

constitutional and other laws of the Republic of Kazakhstan for the direct fulfillment

of the functions of the state and powers of the public bodies, and equally persons, who

hold political posts of public officers according to the legislation of the Republic of

Kazakhstan of the state service.

5. Crimes are admitted to be the corruption crimes, which are specified by the

item d) of the third part of article 176, by the item d) of the third part of article

177, by the item c) of the second part of article 192, by the item a) of the third part

of article 193, by the item a) of the third part of article 209, by the item b) of the

third part of article 226-1, of article 307, by the item c) of the fourth part of

article 308, of articles 310 - 315, of article 380,by the item c)of the second part of

article 380-1, of article 380-2 of this Code.

Footnote. Article 307 is in the wording of the Law of the Republic of Kazakhstan

dated 25.09.2003 No. 484; as amended by the Laws of the Republic of Kazakhstan dated

21.07.2007 No. 308; dated 07.12.2009 No. 222-IV (the order of enforcement see Art.2);

dated 18.01.2011 No. 393-IV (shall be enforced upon expiry of ten calendar days after

its first official publication); dated 09.11.2011 No. 490-IV (shall be enforced upon

expiry of ten calendar days after its first official publication); dated 01.02.2012 No.

551-IV (shall be enforced upon expiry of ten calendar days after its first official

publication).

Article 307-1. Unlawful disclosure or other unlawful use of data and the information about operations with money and (or) other

property

Unlawful disclosure or other unlawful use of data and information about operations

with money and (or) other property received from the subjects of financial monitoring by

the officials of state bodies, if it involved a substantial violation of the rights and

lawful interests of individuals or organizations, or the legitimate interests of society

or the state, -

shall be punished by a fine in the amount from five hundred to one thousand

monthly calculation indices or imprisonment for up to two years with deprivation of the

right to occupy certain positions or engage in certain activities for a period up to

three years.

Footnote. Chapter 13 is supplemented by Article 307-1 in accordance with the Law

of the Republic of Kazakhstan dated 21.06.2012 No. 19-V (shall be enforced upon expiry

of ten calendar days after its first official publication).

Article 308. Abuse of authority or official powers

1. Abuse of authority or official powers, that is a commission of offences by a

person, who is empowered to fulfill state functions, or equated to his person, clearly

going beyond his rights and powers and that resulted in a considerable infringement of

rights and legitimate interests of citizens either organizations or protected by the Law

interests of the society or the state, - shall be punished by a fine ranging from two

hundred to five hundred monthly calculation indices or with the deprivation of the right

to hold specific posts or to practice a specific activity for a period up to three

years, or with the restraint of liberty for a period up to three years, or with the

deprivation of liberty for the same period.

2. The same offence, which is committed by an office holder, - shall be punished

by a fine ranging from three hundred to seven hundred monthly calculation indices or

with the deprivation of the right to hold specific posts or to practice a specific

activity for a period up to five years, or with the deprivation of liberty for a period

up to five years.

3. The same offence, which is committed by a person, who holds a senior public

position, - shall be punished by a fine ranging from five hundred to one thousand

monthly calculation indices or with the deprivation of liberty for a period from four to

eight years with the deprivation of the right to hold specific posts or to practice a

specific activity for a period up to five years or without it.

4. The offences specified in the first, second or third parts of the present

article, that resulted in grave consequences or which are committed:

a) with the violent use or the threat to use it;

b) with the use of weapons or special items;

c) with a view of deriving profits or benefits for yourself either other persons

or organizations or an infliction of harm to other persons or organizations, - shall be

punished by the deprivation of liberty for a period from five to ten years with the

deprivation of the right to hold specific posts or to practice a specific activity for a

period up to seven years with confiscation of property.

Footnote. Article 308 is in the wording of the Law of the Republic of Kazakhstan

dated 25.09.2003 No. 484; as amended by the Laws of the Republic of Kazakhstan dated

07.12.2009 No. 222-IV (the order of enforcement see Art.2); dated 18.01.2011 No. 393-IV

(shall be enforced upon expiry of ten calendar days after its first official

publication); dated 09.11.2011 No. 490-IV (shall be enforced upon expiry of ten calendar

days after its first official publication).

Article 309. Appropriation of powers of an office holder

Appropriation of the powers of an office holder of a public officer, who is not an

office holder and the commission on account of it offences by him, that resulted in a

considerable infringement of rights and legitimate interests of citizens or

organizations,- shall be punished by a fine ranging from fifty to one hundred monthly

calculation indices, or with the involvement in the community service for a period from

one hundred twenty to one hundred eighty hours, or with the corrective labor for a

period up to two years, or with the restraint of liberty for a period up to one year.

Footnote. Article 309 as amended by the Laws of the Republic of Kazakhstan dated

18.01.2011 No. 393-IV (shall be enforced upon expiry of ten calendar days after its

first official publication); dated 09.11.2011 No. 490-IV (shall be enforced upon expiry

of ten calendar days after its first official publication).

Article 310. Illegal participation in the entrepreneurial activity 1. The establishment by a person, who is empowered to fulfill state functions, or

an equated to him part of the organization which implements entrepreneurial activity, or

the participation in the management of such organization personally or through an

authorized delegate contrary to the prohibition, which is established by the Law, if

these offences are connected with the granting to a such organization allowances and

benefits or with the patronage in another form, - shall be punished by a fine ranging

from two hundred to four hundred monthly calculation indices with the deprivation of

right to hold specific posts or to practice a specific activity for a period up to five

years with the involvement in the community service for a period of one hundred eighty

to two hundred forty hours, or with the restraint of liberty for a period up to one

year, or with the deprivation of liberty for the same period.

2. The offences specified in the first part of the present article, which are

committed by an office holder, - shall be punished by a fine ranging from two thousand

to four thousand monthly calculation indices with the deprivation of the right to hold

specific posts or to practice a specific activity for a period up to seven years or with

the deprivation of liberty for a period up to two years.

3. The offences specified in the first part of this Article, which are committed

by a person, who holds a senior public position, - shall be punished by a fine ranging

from four thousand to six thousand monthly calculation indices or with the deprivation

of liberty for a period up to four years.

4. The commission of offences by an office holder that resulted in the delegation

of powers owing to the licensing of non-governmental organizations, including public

associations, - shall be punished by a fine ranging from two thousand to four thousand

monthly calculation indices.

Footnote. Article 310 is in the wording of the Law of the Republic of Kazakhstan

dated 07.12.2009 No. 222-IV (the order of enforcement see Art.2); as amended by the Laws

of the Republic of Kazakhstan dated 18.01.2011 No. 393-IV (shall be enforced upon expiry

of ten calendar days after its first official publication); dated 09.11.2011 No. 490-IV

(shall be enforced upon expiry of ten calendar days after its first official

publication).

Article 310-1. Obstruction of legal entrepreneurial activity

1.Restriction of rights and legitimate interests of a sole proprietor or a

commercial organization depending on the legal organizational form or a of ownership,

and equally restrictive of the independence or other illegal intervention in the

activity of a sole proprietor or a commercial organization, if these offences are

committed by a person, who is empowered to fulfill state functions, or equated to him

person with the use of his official powers contrary to the interests of service with a

view of deriving profits and benefits for himself either other persons or organizations

or an infliction of harm to other persons or organizations, if it resulted in a large-

scale damage towards the interests of citizens or organizations are protected by the law

interests of the society or the state, - shall be punished by a fine ranging from five

hundred to one thousand monthly calculation indices, or with the deprivation of the

right to hold specific posts or to practice a specific activity for a period up to three

years, or with the involvement in the community service for a period up to one hundred

hours, or with the corrective labor for a period up to six months, or with the restraint

of liberty for a period up to two years, or with the deprivation of liberty for the same

period.

2. The same offences are committed:

a) by an office holder;

b) by a group of persons with the previous concert;

c) by an organized group, - shall be punished by a fine ranging from one thousand

to two thousand monthly calculation indices, or with the deprivation of right to hold

specific posts or to practice a specific activity for a period up to five years, or with

the involvement in the community service for a period from one hundred hours to one

hundred and fifty hours, or with the corrective labor for a period from six months to

one year, or with the restraint of liberty for a period from two to three years, or with

the deprivation of liberty for a period up to three years.

3. The offences are specified by the first or second parts of the present article,

which are committed:

a) by a person, who holds a senior position in public office;

b) in a particularly large scale;

c) on behalf of an organized group or a criminal community (criminal

organization), - shall be punished by a fine ranging from two thousand to five thousand

monthly calculation indices, or with the deprivation of the right to hold specific posts

or to practice a specific activity for a period up to five years, or with the

involvement in the community service for a period from one hundred fifty hours to two

hundred forty hours, or with the corrective labor for a period from one year to two

years, or with the restraint of liberty for a period from three to seven years, or with

the deprivation of liberty for the same period with confiscation of property.

Note.

1. The damage is admitted to be a large-scale damage in the present article, which

is inflicted to a citizen in the amount of hundredfold exceeding a monthly calculation

index, or a damage, which is inflicted to an organization or the state in the amount of

one thousand fold exceeding a monthly calculation index.

2. The damage is admitted to be a particularly large-scale damage, which is

inflicted to a citizen in the amount of one thousand fold exceeding a monthly

calculation index, or a damage, which is inflicted to an organization or the state in

the amount up to ten thousand fold exceeding a monthly calculation index, which is

established by the legislation of the Republic of Kazakhstan at the moment of committing

a crime.

Footnote. The Code is supplemented by Article 310-1 in accordance with the Law of

the Republic of Kazakhstan dated 09.11.2011 No. 490-IV (shall be enforced upon expiry of

ten calendar days after its first official publication).

Article 311. Acceptance of a bribe

1.Acceptance of a bribe by a person, who is empowered to fulfill state functions,

or equated to his person, personally or through an intermediary in the form of money,

securities, other property, property rights or benefits of the property kind for himself

or other persons for the act (or omission) in favor of a bribe giver or represented by

him persons, if such acts (omissions) are the part of the official powers of a person,

who is empowered to fulfill state functions, or equated to him person or by the virtue

of the official position may assist such acts (omissions), and equally for the general

patronage or connivance in the service, - shall be punished by a fine ranging from seven

hundred to two thousand monthly calculation indices, or with the restraint of liberty

for a period up to five years, or with the deprivation of liberty for the same period

with the deprivation of the right to hold specific posts or to practice a specific

activity for a period up to five years with confiscation of property or without it.

2. The same offence, which is committed by an office holder, and equally

acceptable of a bribe for the illegal acts (omissions), - shall be punished with the

deprivation of liberty for a period from three to seven years with the deprivation of

the right to hold specific posts or to practice a specific activity for a period up to

seven years with confiscation of property.

3. The offences are specified in the first or second parts of the present article,

which are committed by a person, who holds a senior public position, - shall be punished

by the deprivation of liberty for a period from five to ten years with the deprivation

of the right to hold specific posts or to practice a specific activity for a period up

to seven years with confiscation of property.

4. The offences specified in the first, second or third parts of the present

article, if they are committed:

a) by means of extortion;

b) by a group of persons with the previous concert or an organized group;

c) on a large scale;

d) more than once, - shall be punished with the deprivation of liberty for a

period from seven to twelve years with confiscation of property.

5. The offences specified in the first, second, third or the fourth parts of the

present article, if they are committed in a particularly large scale, - shall be

punished by the deprivation of liberty for a period from ten to fifteen years with

confiscation of property.

Note.

1. A bribe in a large amount is admitted as an amount of money, the value of

securities, other property or benefits of property kind, which exceed five hundred

monthly calculation indices.

2. Acceptance of property, property rights or other property benefit as a present

without a preliminary agreement for the earlier committed legal acts (omissions) by a

person, who is empowered to fulfill state functions, or an equated to him personally for

the first time is not considered to be a crime by virtue of insignificance and is not

subject to a disciplinary or an administrative measures, if the value of a present

hasn’t exceeded two monthly calculation indices.

3. A bribe in a particularly large amount is admitted as an amount of money, the

value of securities, other property or a benefit of property kind, which exceed two

thousand monthly calculation indices.

4. In the context of a present article and the article 312 of this Code, the

office holders are referred to the office holders, within named in the notes to the

article 307 of this Code, as well as the office holders of foreign states and

international organizations.

Footnote. Article 311 as amended by the Laws of the Republic of Kazakhstan dated

05.05.2000 No. 47; dated 25.09.2003 No. 484; dated 21.07.2007 No. 308; dated 07.12.2009

No. 222-IV (the order of enforcement see Art.2); dated 09.11.2011 No. 490-IV (shall be

enforced upon expiry of ten calendar days after its first official publication).

Article 312. Giving a bribe

1. Giving a bribe to a person, who is empowered to fulfill state functions, or

equated to his person, personally or through an intermediary, - shall be punished by a

fine ranging from seven hundred to two thousand monthly calculation indices or with the

corrective labor for a period up to two years, or with the restraint of liberty for a

period up to three years, or with the deprivation of liberty for the same period.

2. Giving a bribe to an office holder, and equally giving a bribe for the

commission of knowingly illegal acts (omissions), - shall be punished by a fine ranging

from one thousand to three thousand monthly calculation indices or with the restraint of

liberty for a period up to five years, or with the deprivation of liberty for the same

period.

3. Giving a bribe to a person, who holds a senior public position, - shall be

punished by the deprivation of liberty for a period from five to ten years with the

deprivation of the right to hold specific posts or to practice a specific activity for a

period up to seven years with confiscation of property.

4. The offences specified in the first, second or the third parts of the present

article, if they are committed:

a) by a group of persons with the previous concert or an organized group;

b) in a large amount;

c) more than once, - shall be punished with the deprivation of liberty for a

period from seven to twelve years with confiscation of property.

5. The offences specified in the first, second, third or the fourth parts of this

Article, if they are committed in a particularly large scale, - shall be punished by the

deprivation of liberty for a period from ten to fifteen years with confiscation of

property.

Note.

1. A delivery of a present for the first time, in the amount or in the value,

which doesn’t exceed two monthly calculation indices, to a person who is empowered to

fulfill state functions, or an equated to him person for the earlier committed by him

legal acts (omissions) shall not entail criminal liability, if acts (omissions) which

are committed by a person, who is empowered to fulfill state functions, or an equated to

him person, were not stipulated by the preliminary agreement.

2. The person, who gave a bribe, shall be acquitted of criminal liability, if

there had been an extortion of a bribe with regard to him on the part of a person, who

is empowered to fulfill state functions, or an equated to his person or if this person

willingly informed the agency who has right to initiate a criminal case about giving a

bribe.

Footnote. Article 312 is in the wording of the Law of the Republic of Kazakhstan

dated 21.07.2007 No. 308; as amended by the Laws of the Republic of Kazakhstan dated

07.04.2009 No. 149-IV; dated 07.12.2009 No. 222-IV (the order of enforcement see Art.2);

dated 18.01.2011 No. 393-IV (shall be enforced upon expiry of ten calendar days after

its first official publication); dated 09.11.2011 No. 490-IV (shall be enforced upon

expiry of ten calendar days after its first official publication).

Article 313. Mediation in bribery

1. Mediation in bribery, that is an assistance to a bribe taker or a bribe giver

in achieving or performing the agreement of acceptance and giving a bribe between them,

- shall be punished by a fine ranging from seven hundred to two thousand monthly

calculation indices, or with the corrective labor for a period up to one year, or with

the restraint of liberty for a period up to two years, or with the deprivation of

liberty for the same period.

2. The same offence which is committed more than once either by an organized group

or by a person with the appropriation of his corporate opportunities, - shall be

punished by a fine ranging from one thousand to three thousand monthly calculation

indices, or with the restraint of liberty for a period up to six years, or with the

deprivation of liberty for the same period.

Footnote. Article 313 as amended by the Laws of the Republic of Kazakhstan dated

21.07.2007 No. 308; dated 07.12.2009 No. 222-IV (the order of enforcement see Art.2);

dated 18.01.2011 No. 393-IV (shall be enforced upon expiry of ten calendar days after

its first official publication); dated 09.11.2011 No. 490-IV (shall be enforced upon

expiry of ten calendar days after its first official publication).

Article 314.Official forgery

1. Official forgery, that is an entering by a person, who is empowered to fulfill

state functions, or an equated to his person, in the official documents knowingly false

statements, and equally making amendments in the specified documents, which distort

their actual content, or issuance of knowingly false or counterfeit documents, if these

offences are committed with a view of deriving profits and benefits for himself either

other persons or organizations or an infliction of harm to other persons or

organizations, - shall be punished by a fine ranging from seven hundred to two thousand

monthly calculation indices or with the involvement in the community service for a

period from one hundred eighty to two hundred forty hours, or with the corrective labor

for a period up to two years, or with the restraint of liberty for a period up to two

years, or with the deprivation of liberty for the same period.

2. The same offences which are committed by an office holder, - shall be punished

by a fine ranging from two thousand to four thousand monthly calculation indices or with

the deprivation of liberty up to three years with the deprivation of the right to hold

specific posts or to practice a specific activity for a period up to five years.

3. The offences specified in the first part of the present article, if they are

committed by a person, who holds a senior public position, - shall be punished by a fine

ranging from four thousand to six thousand monthly calculation indices or by the

deprivation of liberty up to six years with the deprivation of the right to hold

specific posts or to practice a specific activity for a period up to seven years.

Footnote. Article 314 is in the wording of the Law of the Republic of Kazakhstan

dated 25.09.2003 No. 484; as amended by the Laws of the Republic of Kazakhstan dated

21.07.2007 No. 308; dated 07.12.2009 No. 222-IV (the order of enforcement see Art.2);

dated 18.01.2011 No. 393-IV (shall be enforced upon expiry of ten calendar days after

its first official publication); dated 09.11.2011 No. 490-IV (shall be enforced upon

expiry of ten calendar days after its first official publication).

Article 315. Inaction in the service

1. Inaction in service, failure by a person empowered to fulfill state functions,

or a delegate, to perform his official duties with a view to derive profits and benefits

for himself or other persons or organizations or an infliction of harm to other persons

or organizations, - shall be punished by a fine ranging from seven hundred to two

thousand monthly calculation indices or with the deprivation of the right to hold

specific posts or to practice a specific activity for a period up to three years, or

with the restraint of liberty for a period up to two years, or by the deprivation of

liberty for the same period if it resulted in considerable infringement of rights and

legitimate interests of the citizens or organizations or the interests of society or the

state protected by law.

2. The same offence which is committed by an office holder, - shall be punished by

a fine ranging from two thousand to four thousand monthly calculation indices or by the

deprivation of liberty up to three years with the deprivation of the right to hold

specific posts or to practice a specific activity for a period up to five years.

3. The same offence, which is committed by a person, who holds a senior public

position, - shall be punished by a fine ranging from four thousand to six thousand

monthly calculation indices or by the deprivation of liberty for a period up to five

years with the deprivation of the right to hold specific posts or to practice a specific

activity for a period up to five years or without it.

4. The offences are specified by the first, second or third parts of the present

article, that resulted in grave consequences, - shall be punished by the deprivation of

liberty for a period from four to eight years with the deprivation of the right to hold

specific posts or to practice a specific activity for a period up to seven years with

confiscation of property.

Footnote. Article 315 is in the wording of the Law of the Republic of Kazakhstan

dated 25.09.2003 No. 484; as amended by the Laws of the Republic of Kazakhstan dated

07.12.2009 No. 222-IV (the order of enforcement see Art.2); dated 18.01.2011 No. 393-IV

(shall be enforced upon expiry of ten calendar days after its first official

publication); dated 09.11.2011 No. 490-IV (shall be enforced upon expiry of ten calendar

days after its first official publication).

Article 316. Negligence 1. Negligence, that is failure to perform or improper performance of the duties of

an office holder as a result of unconscientious or negligent attitude towards the

office, - shall be punished by a fine in the amount up to two hundred monthly

calculation indices, or with community service for a period from one hundred eighty to

two hundred forty hours, or with corrective labor for a period up to one year, or with

restraint of liberty for a period up to one year if it resulted in a considerable

infringement of the rights and legitimate interests of citizens, organizations or the

interests of society or the state protected by law.

2. The same offence that negligently resulted in a death of a person or other

grave consequences, - shall be punished by the deprivation of liberty for a period up to

five years with the deprivation of the right to hold specific posts or to practice a

specific activity for a period up to three years.

Footnote. Article 316 as amended by the Laws of the Republic of Kazakhstan dated

18.01.2011 No. 393-IV (shall be enforced upon expiry of ten calendar days after its

first official publication); dated 09.11.2011 No. 490-IV (shall be enforced upon expiry

of ten calendar days after its first official publication).

Chapter 14.CRIMES AGAINST THE ORDER OF ADMINISTRATION

Article 317. Desecration over the state symbols of the Republic of Kazakhstan Desecration over the state symbols of the Republic of Kazakhstan - shall be

punished by a fine ranging from one to two thousand monthly calculation indices, or with

the restraint of liberty for a period up to one year, or by the deprivation of liberty

for the same period.

Footnote. Article 317 is in the wording of the Law of the Republic of Kazakhstan

dated 28.06.2012 No. 24-V (shall be enforced upon expiry of ten calendar days after its

first official publication).

Article 317-1. Public insult and another infringement on the honor and

dignity of the First President of the Republic of Kazakhstan-Leader of the

Nation, profanation of portraits of the First President of the Republic of

Kazakhstan - Leader of the Nation, obstruction of the legal activity of the

First President Of the Republic of Kazakhstan - Leader of the Nation 1. Public insult and another infringement on the honor and dignity of the First

President of the Republic of Kazakhstan-Leader of the Nation, profanation of portraits

of the First President of the Republic of Kazakhstan - Leader of the Nation, - shall be

punished by a fine ranging from two hundred to seven hundred monthly calculation

indices, or the involvement in the community service for a period from one hundred

eighty to two hundred forty hours, or with the corrective labor for a period up to one

year, or with the restraint of liberty for a period up to one year, or with the

deprivation of liberty for the same period.

2. The same offences, which are committed with use of mass media, - shall be

punished by a fine ranging from five hundred to one thousand monthly calculation

indices, or with the corrective labor for a period from one year to two years, or with

the restraint of liberty for a period up to three years, or by the deprivation of

liberty for the same period.

3. The influence of any form on the First President of the Republic of Kazakhstan

- Leader of the Nations or cohabiting with him members of his family with a view of

obstruction of his legal activity, - shall be punished with the restraint of liberty for

a period up to five years or with the deprivation of liberty for the same period.

Footnote. The Code is supplemented by Article 317-1 in accordance with the Law of

the Republic of Kazakhstan dated 14.06.2010 No. 290-IV (the order of enforcement see

Art.2); as amended by the Laws of the Republic of Kazakhstan dated 18.01.2011 No. 393-IV

(shall be enforced upon expiry of ten calendar days after its first official

publication); dated 09.11.2011 No. 490-IV (shall be enforced upon expiry of ten calendar

days after its first official publication).

Article 317-2. Violation of integrity warranties of the First President of

the Republic of Kazakhstan-Leader of the Nation

Violation of any form of integrity warranties of the First President of the

Republic of Kazakhstan - Leader of the Nation and cohabiting with him members of the

family, including the warranties of the integrity of the property, accommodation and

office facilities, privately owned or official transport facilities, correspondence,

used by them means of communication, warranties of bank secrecy and integrity of bank

accounts, as well as the integrity of belonging to them documents, - shall be punished

by the restraint of liberty for a period up to five years or by the deprivation of

liberty for the same period.

Footnote. The Code is supplemented by Article 317-2 in accordance with the Law of

the Republic of Kazakhstan dated 14.06.2010 No. 290-IV (the order of enforcement see