- •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:
I) the commission of a crime involving an atrocity, sadism, mockery, as well as torments for the victim;
j) the commission of a crime with the use of arms, ammunition, explosive substances, an explosive or other devices imitating them, specially made technical instruments, combustible and inflammable liquids, poisonous and radioactive materials, medicinal and other chemico-pharmacological substances, as well as with the application of physical or psychic coercion, or by generally dangerous methods;
k) the commission of a crime with the use of conditions of an extraordinary situation, natural or other social disaster, as well as in cases of mass unrest;
l) the commission of a crime in a condition of alcoholic, narcotic, or toxicomanic inebriation. A court shall have the right, depending on the character of a given crime, not to recognise this circumstance as aggravating;
m) the commission of a crime by a person who violated by that a military oath or a professional vow;
n) the commission of a crime with the use of trust rendered to a convict by virtue of his service position or a certain contract;
o) the commission of a crime with the use of a uniform or documents of a representative of authority.
2. If a circumstance, which is indicated in the first part of this Article, is stipulated by the relevant article of the Special Part of the present Code as an element of a crime, it may not be again taken into consideration as a circumstance aggravating liability and punishment.
3. When establishing punishment, a court may not recognise as aggravating circumstances which are not indicated in the first part of this Article.
Article 55. Establishing a Lesser Punishment Than It Is Stipulated for a Given Crime
1. In cases in which there are exceptional circumstances which are associated with goals and motivations of a given act, the role of a convict, his behaviour during or after the commission of a crime, and other circumstances, which considerably lessen the degree of public danger of a given act, as well as in case of active contribution of a participant in a group crime to the disclosing of other crimes committed by that group, punishment may be established lower than the minimum stipulated by the relevant article of the Special Part of the present Code, or a court may establish a milder type of punishment than it is stipulated by a given article, or not to apply an additional type of punishment stipulated as obligatory.
2. Both separate mitigating circumstances and their combination may be found as exceptional.
Article 56. Establishing Punishment for an Uncompleted Crime
1. When establishing punishment for an uncompleted crime, circumstances shall be taken into consideration by virtue of which a given crime was not consummated.
2. A term or amount of punishment for preparation for a crime may not exceed a half of the maximum term or amount of the strictest type of punishment stipulated by the relevant article of the Special Part of the present Code for a consummated crime.
3. A term or amount of punishment for an attempted crime may not exceed three quarters of the maximum term or amount of the strictest type of punishment stipulated by the relevant article of the Special Part of the present Code for a consummated crime.
4. Capital punishment or life-time deprivation of freedom shall not be established for preparation for a crime or for an attempted crime.
Article 57. Establishing Punishment for a Crime Committed in Complicity
1. When appointing punishment for a crime committed in complicity, the character and the degree of actual participation of a person shall be taken into consideration, as well as the importance of that participation for the achievement of the goal of a given crime, its influence upon the character and amount of caused or possible damage.
2. Circumstances which mitigate or aggravate liability and punishment, which relate to personality of one of the participants, shall be taken into consideration only when establishing punishment to this participant.
Article 58. Establishing Punishment for a Cumulative Crime
1. In case of a cumulative crime, a court, after establishing punishment (principal and additional) for each crime separately, shall determine the final punishment by way of merging of a less strict punishment by stricter one, or by way of complete or partial addition of established punishments.
2. Where a combination of crimes comprises only crimes of lesser and medium gravity, then finally the punishment shall be appointed by way of a merger of the less strict punishment with a more strict one.
3. If a cumulative crime includes grave or especially grave crimes, than final punishment shall be established by way of absorption of a less strict punishment by a more strict one or by way of partial or complete addition of punishments. In this respect final punishment in the form of deprivation of freedom may not exceed twenty years.
4. If a cumulative crime includes even one especially grave crime, for the commission of which the present Code stipulates punishment in the form of deprivation of freedom for a period of twenty years, or capital punishment, or life-time deprivation of freedom, than final punishment shall be established by way of partial or complete addition of punishments. In this respect, final punishment in the form of deprivation of freedom may not exceed twenty five years.
5. To the principal punishment established for a cumulative crime, additional punishments may be added, which are established for crimes forming cumulation. Final additional punishment, in case of partial or complete addition, may not exceed the maximum term or amount established for a given type of punishment by the General Part of the present Code.
6. Under the same rules, punishment shall be established, if after the passing of a sentence in a given case by a court, it is established that a convict is also guilty of another crime which was committed by him prior to the passing of a sentence for the first case. In this case, punishment served under the first sentence of a court shall be taken into account within the final term of punishment.