- •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 93. Extension, Change, and Termination of the Application of Compulsory Measures of a Medical Character
1. Extension, change, or termination of the application of compulsory measures of a 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 a medical character is imposed shall be subject to certification by a commission of psychiatrists not less frequently than once every six months in order to decide on whether bases exist for the submission of a proposal to a court on the termination or change of such a measure. In the absence of bases for the termination of the application, or the changing of a compulsory measure of a 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 termination of a compulsory measure of a medical character 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 for the application of another compulsory measure of a medical character.
4. In case of the 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 through the procedure stipulated by legislation on health protection.
Article 94. Sentencing Punishment after the Application of Compulsory Measures of a Medical Character
1. Upon 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 acts or to guide them, a court may sentence punishment after his treatment if the limitation periods did not expire, or if there are no bases for his exemption from criminal liability and punishment.
2. In case of the recovery of a person who fell ill with a mental disorder after the commission of a crime, when sentencing punishment or resuming its running, 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 a inpatient psychiatric hospital for one day of deprivation of freedom.
Article 95. Compulsory Measures of a Medical Character Combined with the Endurance of Punishment
1. In cases stipulated by paragraphs c) and e) of the first part of Article 88 of the present Code, compulsory measures of a medical character shall take place in the place of imprisonment, and with regard to those convicted and sentenced to other types of punishment, in institutions of the health protection bodies which render outpatient psychiatric assistance.
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 another medical institution shall be carried out through the procedure and on the bases stipulated by 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 the need for further treatment of a convict in said institutions ceases to exist, release from them shall be carried out through the procedure stipulated by legislation of the Republic of Kazakhstan on health protection.
4. Termination of the application of a compulsory measure of a 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.
THE SPECIAL PART
Chapter 1. Crimes Against a Person
Article 96. A Murder
1. A murder, that is, the illegal deliberate causation of the death of another person, shall be punished by deprivation of freedom for a period from six to fifteen years.
2. A murder :
a) of two or more persons;
b) of a person and his relatives, in relation to the execution by that person of his official activity or the performance of professional or public duty;
c) of a person who was in a helpless state, a given convict being aware of that fact, as well as a murder associated with a kidnapping or seizure of a hostage;
d) of a woman who was pregnant, a given convict being aware of that fact;
e) committed with especial brutality;
f) committed by a method dangerous to the lives of many people;
g) committed by group of persons, group of persons upon a preliminary collusion or an organised group;
h) committed for avaricious or venal motives, as well as for hire or combined with brigandage, extortion or banditism;