- •Article 6. Effect of Criminal Law with Regard to Persons Having Committed Crimes on the Territory of the Republic of Kazakhstan
- •Article 7. The Effect of Criminal Law with Regard to Persons Who Committed a Crime Outside of the Boundaries of the Republic of Kazakhstan
- •Article 10. Categories of Crimes
- •Article 11. Repetition of a Crime
- •Article 12. Cumulative Crimes
- •Article 13. Criminal Recidivism
- •Article 20. A Crime Committed Deliberately
- •Article 21. A Crime Committed by Negligence
- •Article 22. Liability for Crimes Committed with Two Forms of Guilt
- •Article 24. Preparation for a Crime and an Attempted Crime
- •Article 29. Liability of Accessories in a Crime
- •Article 32. Necessary Self Defence
- •Article 33. The Causation of Damage When Detaining a Person Having Committed an Assault
- •Article 34. Extreme Necessity
- •Article 34-1. The Performance of Operative-Investigative Measures
- •Article 35. Justifiable Risk
- •Article 38. The Concept and Purposes of Punishment
- •Article 39. Types of Punishment
- •Article 40. A Fine
- •Article 41. Deprivation of the Right to Hold Certain Position or Engage in Certain Activity
- •Article 42. Involvement in Public Works
- •Article 43. Correctional Labor
- •Article 44. Restriction in Military Service
- •Article 45. Restriction of Freedom
- •Article 46. Arrest
- •Article 47. Detention in a Disciplinary Military Unit
- •Article 48. Deprivation of Freedom
- •Article 49. Capital Punishment
- •Article 50. Deprivation of Special, Military, or Honorary Rank, Class Rank, Diplomatic Rank, Qualification Class, and State Awards
- •Article 53. Circumstances Which Mitigate Criminal Liability and Punishment
- •Article 54. Circumstances Which Aggravate Criminal Liability and Punishment
- •I) the commission of a crime involving an atrocity, sadism, mockery, as well as torments for the victim;
- •Article 55. Establishing a Lesser Punishment Than It Is Stipulated for a Given Crime
- •Article 56. Establishing Punishment for an Uncompleted Crime
- •Article 59. Establishing Punishment in Case of Criminal Recidivism
- •Article 60. Establishing Punishment in Case of Cumulation of Sentences
- •Article 61. The Procedure for Determining Terms of Punishment When Adding Them
- •Article 63. Suspended Conviction
- •Article 64. Cancellation of a Suspended Sentence or the Prolongation of a Probation Period
- •Article 69. Exemption from Criminal Liability in Relation to the Expiration of a Statutory Limitation Period
- •Article 70. Conditional Release Ahead of Time from Serving Punishment
- •Article 71. Substitution of an Unserved Term of Punishment for a More Lenient Type of Punishment
- •Article 72. Postponement of Endurance of Punishment for Pregnant Women and Women Having Small Children
- •Article 73. Release from Punishment Due to an Illness
- •Article 74. Release from Punishment and Postponement of Serving of Punishment Due to Extraordinary Circumstances
- •Article 75. Release from Endurance of Punishment Due to the Expiration of the Limitation Period for the Effect of an Incriminating Judgment
- •Article 76. Exemption from Criminal Liability and Punishment on the Basis of an Act of Amnesty or Pardon
- •Article 77. A Conviction
- •Article 82. Compulsory Measures of Educational Character
- •Article 84. Conditional Release of Juveniles Ahead of Time from Endurance of Punishment
- •In case of exemption of juveniles from criminal liability or endurance of punishment, limitation periods stipulated by Articles 69 and 75 of the present Code shall be reduced by half.
- •Article 93. Extension, Change, and Termination of the Application of Compulsory Measures of a Medical Character
- •Article 94. Sentencing Punishment after the Application of Compulsory Measures of a Medical Character
- •Article 95. Compulsory Measures of a Medical Character Combined with the Endurance of Punishment
- •I) committed for motives of hooliganism;
- •Article 104. Deliberate Causation of Damage to Health of Medium Gravity
- •Article 108. Causation of Damage to Health in an Affected State
- •Article 108. Inflicting of Harm to the Health in the State of Passion
- •Article 115. Infection with a Venereal Disease
- •Article 117. Illegal Performance of an Abortion
- •Article 118. A Failure to Render Help to an Ill Person
- •Article 119. Abandoning an Endangered Person
- •Article 120. Rape
- •Article 121. Violent Actions of a Sexual Character
- •Article 126. Illegal Deprivation of Freedom
- •Article 127. Illegal Placement into a Psychiatric Inpatient Hospital
- •Article 128. Recruitment, As Well As Export and Transit of Persons for Exploitation
- •Article 129. Libel and Slander
- •Article 130. Insult
- •Article 132. Involvement of a Juvenile into the Commission of Anti-Social Acts
- •Article 133. Trading in Juveniles
- •Article 136. Malicious Evasion from Payment of Funds for Maintenance of Children or Disabled Parents
- •Article 137. Non-Execution of Obligations to Raise an Underage Child
- •Article 138. Improper Execution of Obligations to Provide for the Safety of Life and Health of Children
- •Article 139. Abuse of the Rights of a Guardian or a Fiduciary
- •Article 140. Malicious Evasion from the Maintenance of a Disabled Spouse
- •Article 142. Infringement upon Privacy
- •Article 143. Illegal Violation of Private Correspondence, Telephone Calls, and Mail, Telegraph, or Other Messages
- •Article 144. Divulgation of a Medical Secret
- •Article 145. Infringement upon Inviolability of Housing
- •Article 146. Interference with Electoral Rights, or the Work of Electoral Commissions
- •Article 147. Falsification of Electoral Documents, Documents of a Referendum, or Fraudulent Calculation of Ballots
- •Article 148. Violation of Labour Legislation
- •Article 151. Infringement upon the Right to Hold of a Rally, Meeting, Demonstration, March, Picketing, or Participation in Them
- •Article 152. Violation of the Rules of Labour Safety
- •Article 154. Refusal to Provide Information to a Citizen
- •Article 155. Interference in the Legal Professional Activity of a Journalist
- •3. The acts stipulated by the first and second parts of this Article, if they are committed as follows:
- •1. Violation of the rules for conducting securities transactions which caused considerable damage,
- •2. The same act committed repeatedly or by a group of persons upon a preliminary collusion, or by an organised group, -
- •2. Manufacture or purchase for the purposes of marketing, and equally use or marketing of deliberately counterfeit excise duty stamps, -
- •2. The same act committed by a person who was earlier convicted for evasion from payment of a tax, -
- •2. The same action committed:
Article 53. Circumstances Which Mitigate Criminal Liability and Punishment
1. The following shall be recognised as circumstances which mitigate criminal liability and punishment:
a) the commission for the first time of a lesser crime as a consequence of an accidental conjuncture of circumstances;
b) minority of a convict;
c) pregnancy;
d) the existence of small children of a convict;
e) rendering of medical and other assistance to the victim directly after the commission of a crime, voluntary compensation for property damage and moral damage inflicted as a result of a crime, and other actions directed at the compensation or atonement for damage caused by a given crime;
f) the commission of a crime as a result of concurrence of serious personal, family, or other circumstances, or by the motive of compassion;
g) the commission of a crime as a result of physical or psychic coercion, or by virtue of material, official, or other dependence;
h) the commission of a crime in violation of the conditions of lawful necessary self-defence, extreme necessity, detention of a person having committed a crime, justifiable risk, and the execution of an order or instruction;
i) unlawfulness or immorality of the behavior of a given victim which served as a an incentive for a given crime;
j) sincere repentance, confessing to the police and pleading guilty, active contributing to the disclosure of a crime, exposing other participants in a crime, and search for property acquired as its result.
2. When establishing punishment, circumstances which are not indicated in the first part of this Article may also be taken into consideration as mitigating factors.
3. If a mitigating circumstance is stipulated by the relevant article of the Special Part of the present Code as an attribute of a crime, it may not be in itself repeatedly taken into consideration when establishing punishment.
4. When there are the mitigating circumstances as specified in paragraphs e) j) of the first part of this Article and there are not aggravating circumstances, the period or scale of the punishment in the case of commission of a crime of lesser or medium gravity may not exceed a half, in the case of commission of a grave crime two thirds, in the commission of a specially grave crime three fourths of the maximum term or scale of the most severe type of punishment as specified in the relevant Article of the Special Part of this Code.
Article 54. Circumstances Which Aggravate Criminal Liability and Punishment
1. The following shall be recognised as circumstances which aggravate criminal liability and punishment:
a) repetition of crimes, criminal recidivism;
b) the causation of serious consequences by a crime;
c) the commission of a crime within a group of persons, a group of persons in preliminary collusion, an organized group or a criminal association (criminal organization);
d) an especially active part in the commission of a crime;
e) involvement in the commission of a crime of persons who suffer from serious psychic disorders, a given convict being aware of that fact, or persons who did not reach the age from which criminal liability arises;
f) the commission of a crime under a motivation of national, racial, or religious hatred or enmity, out of revenge for lawful actions of other persons, as well as for the purpose to conceal another crime, or to facilitate its commission;
g) the commission of a crime with regard to a woman who is pregnant, a convict being aware of that fact, as well as with regard to a small child, another defenseless or helpless person, or a person who is dependent upon the convict;
h) the commission of a crime with regard to a person or his relatives in relation to the implementation by that given person of his official, professional, or public duty;