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2. The same action committed:

a) repeatedly;

b) in relation of sturgeon species of fishes;

c) in places of spawning or on migratory ways to them;

d) by a person with the use of his official position;

e) by a group of persons in preliminary agreement;

f) with the application of a self-propelled transport floating vehicle;

g) on specially protected natural territories and on territories with the emergency ecological situation, -

shall be punished by a penalty in an amount from five hundred to seven hundred monthly assessment indices or in the amount of wages or another income of the convict for a period from five to seven months, or by deprivation of liberty for the period of up to two years with the deprivation of the right to take certain positions or to be engaged in certain activity for the period of up to three years or without the same, with confiscation of property of the convict, as well as property being an object of criminal actions, a tool or a means of the commission of a crime, an item withheld from circulation, or without the same.

3. Actions stipulated by parts one and two of this Article committed with the inflicting of big damage or by an organised group, -

shall be punished by deprivation of liberty for a period from two to five years with confiscation of property of the convict, as well as property being an object of criminal actions, a tool or a means of the commission of a crime, an item withheld from circulation.

Article 288. Illegal Hunting

1. Illegal hunting, if this act is committed as follows:

a) with causation of great considerable damage;

b) with the use of a mechanical transport vehicle or an aircraft, explosives, gas, or other means of mass extermination of birds or animals;

c) with regard to birds or animals, hunting for which is entirely forbidden;

d) on specially protected natural territories and on territories with an endangered ecological situation, -

shall be punished by a fine in an amount from two hundred up to five hundred monthly assessment indices, or in an amount of wages or other income of a given convict for a period from two to five months, or by correctional labour for a period up to two years, or by detention under arrest for a period from four to six months with confiscation of property being an object of criminal actions, a tool or a means of the commission of a crime, an item withheld from circulation, or without the same.

2. The same act committed repeatedly by a person with the use of his official position, or by a group of persons upon a preliminary collusion, or by an organised group,

shall be punished by a fine in an amount from five hundred up to seven hundred monthly assessment indices, or in an amount of wages or other income of a given convict for a period from five to seven months, or by imprisonment for a period up to two years with deprivation of the right to hold certain positions or to engage in certain types of activity for a period up to three years, or without it with confiscation of property being an object of criminal actions, a tool or a means of commission of the crime, an item withheld from circulation, or without the same.

3. Actions stipulated by parts one or two of this Article committed with the inflicting of big damage or by an organised group, -

shall be punished by deprivation of liberty for a period from two to five years with confiscation of property of the convict, as well as property being an object of criminal actions, a tool or a means of commission of the crime, an item withheld from circulation.

Note. In articles of this chapter considerable damage, shall be understood to mean an amount of damage exceeding by one hundred and more times a monthly calculation base established by legislation of the Republic of Kazakhstan as of the moment of the commission of a given crime. Great damage shall be understood to mean damage exceeding by three hundred and more times a monthly calculation base established by legislation of the Republic of Kazakhstan as of the moment of commission of a given crime.

Article 289. Violation of Rules for the Protection of Fauna

Mass destruction or perishing of fauna as a consequence of violation of the rules for its protection, in carrying out production processes or operation of transport vehicles, application of means of plants protection, mineral fertilizers, or other preparations, as well as the procedure for the use and protection of hunting areas and water bodies for fish-farming, which caused great damage, -

shall be punished by a fine in an amount from two hundred up to five hundred monthly assessment indices, or in an amount of wages or other income of a given convict for a period from two to five months, or by correctional labour for a period up to two years, or by deprivation of the right to hold certain positions or to engage in certain types of activity for a period up to three years.

Article 290. Illegal Handling of Rare or Endangered by Extinction Flora and Fauna Species

Illegal procurement, purchase, sale, as well as destruction of rare or endangered by extinction flora and fauna species which are entered in the Red Book of the Republic of Kazakhstan, or their habitat, -

shall be punished by restriction of freedom for a period up to three years, or imprisonment for the same period with confiscation of property of the convict, as well as property being an object of criminal actions, a tool or a means of commission of the crime, an item withheld from circulation.

Article 291. Illegal Felling of Trees or Brushwood

1. Illegal felling, as well as damaging to the degree of termination of growth of trees and brushwood in forests of all types, as well as trees or brushwood which are not entered into the forestry fund or prohibited for felling, if these acts caused considerable damage, -

shall be punished by a fine in an amount from one hundred up to two hundred monthly assessment indices, or in an amount of wages or other income of a given convict for a period up to two months, or by correctional labour for a period from six months up to one year.

2. Illegal felling, as well as damaging to the degree of termination of growth of trees and brushwood of all groups, as well as of trees and brushwood which are not entered into the forestry stock or prohibited for felling, if these acts are committed as follows:

a) repeatedly;

b) by a person with the use of his official position;

c) in a large amount, -

shall be punished by a fine in an amount from two hundred up to five hundred monthly assessment indices, or in an amount of wages or other income of a given convict for a period from two to five months, or by correctional labour for a period from one year to two years, or by deprivation of the right to hold certain positions or to engage in certain types of activity for a period up to three years.

Article 291. An Illegal Cutting of Trees and Shrubs

1. An illegal cutting, as well as damage up to the stop of the growth of trees and shrubs in forests of all the groups, as well as trees and shrubs being not in the forest stock if those actions inflict considerable damage, -

shall be punished by a penalty in an amount from one hundred to two hundred monthly assessment indices or in the amount of wages or another income of the convict for the period of up to two months, or by corrective labour for a period from six months to one year with confiscation of property of the convict, as well as property being an object of criminal actions, a tool or a means of commission of the crime, an items withheld from circulation, or without the same.

2. Same actions committed:

a) repeatedly;

b) by a person with the use of his official position;

c) with inflicting of big damage, -

shall be punished by a penalty in an amount from two hundred to five hundred monthly assessment indices or in the amount of wages or another income of the convict for a period from two to five months, or by corrective labour for a period from one year to two years, or by deprivation of the right to take certain positions or to be engaged in certain activity for the period of up to three years, with confiscation of property of the convict, as well as property being an object of criminal actions, a tool or a means of commission of the crime, an item withheld from circulation, or without the same.

3. Actions stipulated by parts one or two of this Article committed on specially protected territories or by an organised group, -

shall be punished by a penalty in an amount from five hundred to seven hundred monthly assessment indices, or by deprivation of liberty for the period of up to three years with confiscation of property of the convict, as well as property being an object of criminal actions, a tool or a means of commission of the crime, an item withheld from circulation.

Article 292. Destruction or Damaging Forests

1. Destruction or damaging forests, as well as plantations which are not entered into the forestry stock, as a result of negligent handling of fire or other sources of great danger, -

2. Deliberate destruction or damaging of forests, as well as plantations which are not entered into the forestry stock, by way of arson or other publicly dangerous method, or as a result of pollution with harmful substances, wastes, emissions, or refuse, -

shall be punished by imprisonment for a period from three to eight years.

Article 293. Violation of the Regime of Specially Protected Natural Territories

1. Violation of the regime of specially protected natural territories, which entailed the causation of considerable damage, -

shall be punished by a fine in an amount from one hundred up to two hundred monthly calculation basses, or in an amount of wages or other income of a given convict for a period up to two months, or by deprivation of the right to hold certain positions or to engage in certain types of activity for a period up to three years, or by correctional labour for a period from six months up to one year.

2. Deliberate damaging or destruction of facilities of the state natural-preserve fund on specially protected natural territories, which entailed the causation of considerable damage, -

shall be punished by restriction of freedom for a period up to three years, or by imprisonment for the same period.

Article 294. Failure to Undertake Measures for Liquidation of Consequences of Ecological Contamination

Evasion of the conducting or improper conducting of decontamination or other restoration measures in areas subjected to ecological contamination by persons who bear obligations to carry out such measures, which entailed human death or mass diseases of people, or other grave consequences for the environment, -

shall be punished by a fine in an amount from five hundred up to one thousand monthly assessment indices, or by imprisonment for a period up to five years with deprivation of the right to hold certain positions or to engage in certain types of activity for the same period.

Chapter 12. Transport Crimes

Article 295. Violation of Traffic Safety Rules and Rules for Operating Railway, Air, or Water Transport

1. Violation of traffic safety rules, or rules for operating railway, air, sea, or river transport by a person who, due to the work performed by him or the position held, is obligated to comply with those rules, if this act entailed by negligence the causation of severe or medium gravity damage to a person's health, -

shall be punished by correctional labour for a period from six months up to two years, or by restriction of freedom for a period up to five years, or by detention under arrest for a period from three to six months, or by imprisonment for a period up to two years with deprivation of the right to hold certain positions or to engage in certain types of activity for a period up to three years, or without it.

2. The same act which entailed by negligence the death of a person, -

shall be punished by imprisonment for a period up to seven years with deprivation of the right to hold certain positions or to engage in certain types of activity for a period up to three years, or without it.

3. An act stipulated by the first part of this Article which entailed by negligence the death of two or more persons, -

shall be punished by imprisonment for a period from four to ten years with deprivation of the right to hold certain positions or to engage in certain types of activity for a period up to three years, or without it.

4. The act provided for in the first part of this Article, if it did not entail, but deliberately created a threat of the consequences specified in the first, second or third part of this Article, -

shall be punished with a fine in an amount up to one thousand monthly assessment indices or in an amount of the wage or other income of the sentenced person for a period up to ten months or deprivation of the right to hold certain positions or engage in certain activities for a period up to one year, or arrest for a period up to four months, or deprivation of freedom for a period up to one year with deprivation of the right to hold certain positions or engage in certain activities for a period up to two years or without such.

Note. Transport shall be understood to mean all types of railway, sea, river, and air transport vehicles, including sea and river small-size vessels.

Article 296. Violation of Rules of the Road and Rules for Using Transport Vehicles by Persons Operating Them

1. Violation by a person who is operating a vehicle, trolley-bus, tram, or other mechanical transport vehicle, of rules of the road, or rules for operating transport vehicles, which entailed by negligence the causation of severe or medium gravity damage to a person's health, -

shall be punished by restriction of freedom for a period up to five years, or by detention under arrest for a period from three to six months, or by imprisonment for a period up to two years with deprivation of the right to operate a transport vehicle for a period up to three years, or without it.

2. The same act which entailed by negligence human death, -

shall be punished by imprisonment for a period up to five years with deprivation of the right to operate a transport vehicle for a period up to three years.

3. An act stipulated by the first part of this Article, which entailed by negligence the death of two or more persons, -

shall be punished by imprisonment for a period from five to ten years.

Note. In this Article other mechanical transport vehicles shall be understood to mean tractors, motorcycles, or other self-propelled cars.

Article 297. Abandoning a Place of a Traffic Accident

Abandoning a place of a road-traffic accident by a person operating a transport vehicle and having violated the rules of the road, or rules for operating transport vehicles, in case of the emergence of consequences stipulated by Article 296 of the present Code, -

shall be punished by restriction of freedom 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 two years with deprivation of the right to hold certain positions or to engage in certain types of activity for a period up to three years, or without it.

Note. A person having abandoned a place of a road-traffic accident in relation to the rendering of help to victims shall be exempt from criminal liability under this Article.

Article 298. Poor Quality Repair of Transport Vehicles, Their Release into Operation in Disrepair, and Admission for Operating a Transport Vehicle of a Person in a State of Alcoholic Inebriation

1. Poor quality repair of transport vehicles, communication ways, means of signalling or communication, or other transport equipment, as well as release into operation of transport vehicles in a state of disrepair by a person who is responsible for the technical condition of transport vehicles, he being aware of that fact, if these acts entailed by negligence the causation of severe or medium gravity damage to health, -

shall be punished by a fine in an amount from four hundred up to seven hundred monthly assessment indices or in an amount of wages or other income of a given convict for a period from four to seven months, or by engagement in public works for a period from one hundred eighty up to two hundred forty hours, or by detention under arrest for a period up to six months, or by imprisonment for a period up to two years with deprivation of the right to hold certain positions or to engage in certain types of activity for a period up to three years, or without such deprivation.

2. Admission for operating a transport vehicle of a person who is in a state of alcoholic, narcotic, or other inebriation, which is committed by a proprietor or a owner of a given transport vehicle, if this entailed by negligence the causation of severe or medium gravity damage to health, -

shall be punished by a fine in an amount from four hundred up to seven hundred monthly assessment indices, or in an amount of wages or other income of a given convict for a period from four to seven months, or by engagement in public works for a period from one hundred eighty up to two hundred forty hours, or by detention under arrest for a period up to six months, or by imprisonment for a period up to two years with deprivation of the right to hold certain positions or to engage in certain types of activity for a period up to three years, or without such deprivation.

3. Acts stipulated in the first or second part of this Article which entailed by negligence human death, -

shall be punished by imprisonment for a period up to five years.

4. Acts stipulated by the first or second part of this Article, which entailed by negligence the death of two or more people, -

shall be punished by imprisonment for a period from four to ten years with deprivation of the right to hold certain positions or to engage in certain types of activity for a period up to three years.

Article 299. Deliberate Bringing into a State of Disrepair of Transport Vehicles or Communication Ways

1. Deliberate destruction, damaging, or brining by any other method into the condition unfit for operation of a transport vehicle, communication ways, signalling means, communications aids, or other transport equipment, as well as the blocking of transport communications, if these acts entailed by negligence the causation of severe or medium gravity damage to a person's health, or the causation of great damage, or disruption of normal work of transport and communication services, -

shall be punished by a fine in an amount from four hundred up to seven hundred monthly assessment indices, or in an amount of wages or other income of a given convict for a period from four to seven months or by deprivation of liberty for the period of up to three years, or by detention under arrest for a period from four to six months, or by imprisonment for a period up to four years.

2. The same acts which entailed by negligence human death, -

shall be punished by imprisonment for a period from three to eight years.

3. Acts stipulated by the first part of this Article which entailed by negligence the death of two or more persons,

shall be punished by imprisonment for a period from six to ten years.

Note. In articles of this chapter great damage shall be understood to mean damage inflicted upon a citizen in an amount which exceeds by one hundred times a monthly calculation base, or damage inflicted upon a given organisation or the state in an amount which exceeds by five hundred times a monthly calculation base as established by legislation of the Republic of Kazakhstan as of the moment of the commission of a given crime.

Article 300. Violation of the Rules Providing for Safe Work of Transport

1. Violation by a passenger, passer-by, or other participant of traffic (except for persons indicated in Articles 295 and 296 of the present Code) of the traffic safety rules or rules for operating transport vehicles, if this act entailed by negligence the causation of severe damage to a person's health, -

shall be punished by a fine in an amount up to seven hundred monthly assessment indices, or in an amount of wages or other income of a given convict for a period up to seven months, or by restriction of freedom for a period up to three years, or by detention under arrest for a period from two to four months, or by imprisonment for a period up to two years.

2. The same act which entailed by negligence a person's death, -

shall be punished by restriction of freedom for a period up to four years, or by imprisonment for the same period.

3. An act stipulated by the first part of this Article which entailed by negligence the death of two or more persons, -

shall be punished by imprisonment for a period from three to eight years.

Article 301. Unwarranted Halting of a Train Without Need

Unwarranted halting of a train without need by turning a stopcock, by disconnecting an air brake line, or by any other method, if this entailed a person's death or other grave consequences, -

shall be punished by imprisonment for a period from two to eight years.

Article 302. Violation of Rules Existing on Transport

1. Violation of rules for providing order and traffic safety, which are in effect on transport, by persons who perform managerial functions at road, construction, or other organisations and who are responsible for the use of roads and road constructions, their equipment, as well as for the organisation of road traffic, if this entailed:

a) the causation of great damage;

b) the causation of a bodily injury of medium gravity, -

shall be punished by a fine in an amount from one hundred up to five hundred monthly assessment indices, or by detention under arrest for a period up to six months.

2. The same violation if it entailed grave consequences, -

shall be punished by restriction of freedom for a period up to five years, or by imprisonment for the same period.

Article 303. Violation of Safety Rules in the Construction, Operation, or Repair of Main Pipelines

1. Violation of safety rules in constructing, operating, or repairing main pipelines, if this act entailed by negligence the causation of severe or medium gravity damage to a person's health or the causation of great damage,

shall be punished by restriction of freedom for a period up to four years, or by detention under arrest for a period from three to six months, or by imprisonment for a period up to two years with deprivation of the right to hold certain positions or to engage in certain types of activity for a period up to three years, or without it.

2. The same act which entailed by negligence human death, -

shall be punished by imprisonment for a period up to five years.

3. An act stipulated by the first part of this Article which entailed by negligence the death of two or more people, -

shall be punished by imprisonment for a period from four to ten years.

Article 304. Damaging or Destruction of Pipelines

1. Damaging or destruction of pipelines which created a real threat of the causation of damage to people's health or to the environment, -

shall be punished by a fine in an amount from one hundred up to one thousand monthly assessment indices, or by detention under arrest for a period up to six months.

2. The same acts which entailed by negligence the causation of severe or medium gravity damage to people's health or the causation of great damage, -

shall be punished by restriction of freedom for a period up to five years, or by imprisonment for the same period.

3. Acts stipulated by the first part of this Article which entailed by negligence the death of one or several people, -

shall be punished by imprisonment for a period from four to ten years.

Article 305. Failure of the Captain of a Vessel to Render Help to People Undergoing a Shipwreck or Disaster

1. A failure by the captain of a given vessel to render help to people who are being wrecked at sea or other water way, if this help might have been rendered without serious danger to his own vessel, its crew and passengers, -

shall be punished by a fine in an amount from two hundred up to seven hundred monthly assessment indices, or in an amount of wages or other income of a given convict for a period from two to seven months, or by restriction of freedom for a period up to three years, or by imprisonment for a period up to two years with deprivation of the right to hold certain positions or to engage in certain activity for a period up to three years, or without it.

2. A failure to undertake proper measures by the captain of one of the vessels, which suffered a collision at sea or their water ways, for rescue of the other vessel, which entailed by negligence the destruction of a given vessel or other grave consequences, if those measures might have been taken without serious danger to for his own vessel, its crew and passengers, -

shall be punished by deprivation of the right to hold certain positions or to engage in certain types of activity for a period up to three years, or by correctional labour for a period up to two years.

Article 306. Violation of International Rules of Flights

1. Non-compliance with routes indicated in a given permit, places of landing, air travel corridors, flight altitude, or other violation of rules for international flights, -

shall be punished by a fine in an amount from five hundred up to one thousand monthly assessment indices, or in an amount of wages or other income of a given convict for a period from five months up to one year, or by correctional labour for a period up to two years, or by restriction of freedom for a period up to two years, or by detention under arrest for a period from three to six months, or by imprisonment for a period up to three years with deprivation of the right to hold certain positions or to engage in certain types of activity for a period up to three years, or without it.

2. The same acts which entailed a person's death or other grave consequences, -

shall be punished by imprisonment for a period from three to ten years.

Chapter 13. Corruption Crimes and Other Crimes Against the Interests of the State Service and State Administration

Article 307. Abuse of Official Powers

1. Use by a person authorised to exercise state functions, or by a person equated to such person, of their official powers against the interests of the office for the purposes of extracting benefits and advantages for themselves or other persons and organisations, or for causing harm to other persons or organisations, where this caused significant violation of the rights and legitimate interests of citizens or organisations, or the interests of the society or of the state,

shall be punished by a fine in an amount from one hundred to two hundred monthly assessment indices or in an amount of wages or other income of a convict for a period from one to two months or by deprivation of the right to hold certain positions or engage in certain types of activity for a period up to three years, or by detention under arrest for a period up to four months, or deprivation of freedom for a period up to two years.

2. The same act committed by an official person,

shall be punished by a fine in an amount from three hundred to five hundred monthly assessment indices or in an amount of wages or other income of a convict sentenced for a period from three to five months or deprivation of the right to hold certain positions or engage in certain types of activities for a period up to five years, or by deprivation of freedom for a period up to four years.

3. The same act, committed by a person holding a senior state position,

shall be punished by a fine in an amount from five hundred to eight hundred monthly assessment indices or in an amount of wages or other income of a convict for a period from five to eight months or by deprivation of freedom for a period up to six years with deprivation of the right to hold certain positions or engage in certain types of activities for a period up to five year or without such.

4. Acts specified in the first, second or third parts of this Article, where they entail grave consequences,

shall be punished by deprivation of freedom for a period up to eight years with deprivation of the right to hold certain positions or engage in certain types of activities for a period up to seven years.

Notes.

1. Officials, deputies of the Parliament and of Maslikhats, judges and all civil servants in accordance with the Republic of Kazakhstan legislation concerning state service shall be recognised as persons authorised to exercise state functions.

2. The following shall be equated to persons authorised to exercise state functions:

1) persons elected to local self-government bodies;

2) citizens who have been registered as candidate Presidents of the Republic of Kazakhstan, deputies of the Republic of Kazakhstan Parliament and deputies of maslikhats as well as members of the elected bodies of local self-government in accordance with the procedure established by the law;

3) employees who permanently or temporarily work at the bodies of local self-government whose work remuneration is carried out from the state budget funds of the Republic of Kazakhstan;

4) persons who perform managerial functions at state-owned organisations and organisations at organisations in which the share of the state is not less than thirty-five percent.

3. Persons who permanently, temporarily or in accordance with a special authorisation perform functions of a representative of the state authorities or those that perform organisational or administrative and economic functions at the state bodies, bodies of local self-government, as well as at the Armed Forces of the Republic of Kazakhstan, other troops and military formations of the Republic of Kazakhstan, shall be recognised as official persons.

4. Persons who hold positions established by the Constitution of the Republic of Kazakhstan, constitutional laws and other laws of the Republic of Kazakhstan for direct performance of functions of the state and authorities of state bodies and equally persons who hold political offices of civil servants in accordance with the Republic of Kazakhstan legislation concerning civil service, shall be understood as persons holding senior state positions.

Article 308. Exceeding Power or Official Authority

1. Exceeding power or official authority, that is commission by a person authorised to perform state functions, of by those equated to such person, of acts which obviously go beyond the bounds of his rights and authority, and which entailed substantial violation of rights and legitimate interests of citizens or organisations, or the interests of the society or the state which are protected by law,

shall be punished by a fine from two hundred up to five hundred monthly assessment indices, or in an amount of wages or other income of a given convict for a period from two to five months, or by deprivation of the right to hold certain positions or to engage in certain types of activity for a period up to three years, or by detention under arrest for a period from four to six months, or by deprivation of freedom for a period up to three years.

2. Same acts committed by an official person,

shall be punished by a fine in an amount from three hundred up to seven monthly assessment indices, or in an amount of wages or other income of a given convict for a period from three to seven months, or by deprivation of the right to hold certain positions or to engage in certain types of activity for a period up to three years, or by deprivation of freedom for a period up to five years.

3. Same acts committed by a person holding a senior state position,

shall be punished by a fine in an amount from five hundred up to one thousand monthly assessment indices or in an amount of wages or other income of a convict for a period from five to ten months or by deprivation of freedom for a period up to eight years with deprivation of the right to hold certain positions or engage in certain activities for a period up to five years or without such deprivation.

4. Acts specified in the first, second or third parts of this Article that entailed grave consequences or committed as follows:

a) with the use of violence or threat of its use;

b) with the use of arms or special means;

c) for the purposes of extracting benefits or advantages for themselves or other persons or organisations, or for the purpose of causing harm to other persons or organisations,

shall be punished by deprivation of freedom for a period up to ten years with deprivation of the right to hold certain positions or engage in certain types of activities for a period up to seven years.

Article 309. Illegal Appropriation of the Authority of an Official

Illegal appropriation by a civil servant, who is not an official, of the authority of a given official, and the commission in relation to that of acts which entailed significant violation of the rights and legitimate interests of citizens or organisations, -

shall be punished by a fine in an amount from fifty up to one hundred monthly assessment indices, or in amount of wages or other income of a given convict for a period up to one months, or by engagement in public works for a period from one hundred twenty up to one hundred eighty hours, or by correctional labour for a period up to two years, or by detention under arrest for a period up to three months.

Article 310. Illegal Participation in Entrepreneurial Activity

1. Establishment by a person authorised to perform state functions, or by a person equated to such person, of an organisation that carries out entrepreneurial activity, or participation in the management of such an organisation personally or through a proxy, despite the prohibition established by law, where these acts are associated with granting to such an organisation privileges and advantages, or with patronage in any other form,

shall be punished by deprivation of the right to hold certain positions or to engage in certain types of activity for a period up to five years with a fine in an amount from one hundred up to two hundred monthly assessment indices, or in an amount of wages or other income of a given convict for a period from one to two months, or by engagement in public works for a period from one hundred and eighty up to two hundred and forty hours, or by detention under arrest for a period from three to six months, or by deprivation of freedom for a period up to one year.

2. Same acts committed by an official person,

shall be punished by deprivation of the right to hold certain positions or engage in certain activities for a period up to ten years with a fine in an amount from three hundred up to five hundred monthly assessment indices or in an amount of wages or other income of a convict for a period from three to five months, or deprivation of freedom for a period up to two years.

3. Commission by officials of acts which entailed a transfer the licensing authority to non-governmental organisations, including public associations,

shall be punished by a fine in an amount from one hundred up to two hundred monthly assessment indices or deprivation of the right to hold certain positions or engage in certain activities for a period up to three years.

Article 311. Receipt of a Bribe

1. Receipt by person authorised to perform state functions, or by a person equated to such person, personally or through an intermediary of a bribe in the form of money, securities, other property, the right to property, or benefits of a material nature for the commission (omission) of actions in favour of the briber or persons represented by him, if such actions (omission of actions) are within the authority of a given person authorised to perform state functions, or a person equated to such person, or if he, by virtue of his official position, may contribute to such actions (omission of actions), as well as for general protectorate or connivance in service,

shall be punished by a fine in an amount from seven hundred up to two thousand monthly assessment indices, or in an amount of wages or other income of a given convict for a period from seven months up to one year, or by restriction of freedom for a period up to five years, or by imprisonment for the same period with deprivation of the right to hold certain positions or to engage in certain types of activity for a period up to five years with confiscation of property or without such confiscation.

2. Same acts committed by an official and equally the receipt of a bribe for illegal actions (omission of acts), -

shall be punished by imprisonment for a period from three to seven years with deprivation of the right to hold certain positions or to engage in certain types of activity for a period up to seven years with confiscation of property or without such confiscation.

3. Acts stipulated by the first or second part of this Article, which are committed by a person holding a responsible civil position, -

shall be punished by imprisonment for a period from five to ten years with deprivation of the right to hold certain positions or to engage in certain types of activity for a period up to seven years with confiscation of property or without such confiscation.

4. Acts stipulated in the first, second, or third part of this Article, if they are committed as follows:

a) by way of extortion;

b) by a group of persons upon a preliminary collusion or by an organised group;

c) in a large amount,

d) several times, -

shall be punished by imprisonment for a period from seven to twelve years with forfeiture of property.

Notes.

1. A large amount of a bribe shall be understood to mean an amount of money, or value of securities, other property or benefits of material nature, which exceeds five hundred monthly assessment indices.

2. The receipt for the first time by person authorised to perform state functions or by a person equated to such person of property, the rights to property, or other material benefit, as a gift, in the absence of preliminary agreement, for earlier committed lawful actions (omission of actions), if the value of such a gift did not exceed two monthly assessment indices, shall not be recognised as a crime due to its small significance, and it shall be prosecuted through a disciplinary procedure.

Article 312. Giving a Bribe

1. Giving a bribe to person authorised to perform state functions, or to a person equated to such person, personally or through an intermediary, -

shall be punished by a fine in an amount from two hundred up to five hundred monthly assessment indices, or in an amount of wages or other income of a given convict for a period from two to five months, or by correctional labour for a period up to two years, or by restriction of freedom for a period up to three years, or by detention under arrest for a period from three to six months, or by imprisonment for a period up to three years.

2. Giving a bribe to an official, and equally giving a bribe for the commissionof deliberately illegal actions (omission of actions), or such actions committed repeatedly, or by an organised group, -

3. Officials, in application to this Article, shall comprise the officials indicated in the note to Article 307 of this Code, as well as officials of foreign states.

Notes.

1. The transfer for the first time to a person authorised to perform state functions, or to a person equated to such personfor legal actions (omission of actions) committed by him earlier, of a gift in an amount or in value which does not exceed two monthly assessment indices, shall not entail criminal liability, if actions (their omission) committed by a person authorised to perform state functions, or by a person equated to such personwere not stipulated by a preliminary agreement.

2. A person having given a bribe shall be exempt from criminal liability, if with regard to him there was extortion of a bribe on behalf of a person authorised to perform state functions, or a person equated to such person,or if that person voluntarily communicated the fact of having given a bribe to the body which has the right to institute a criminal case concerning giving a bribe.

Article 313. Mediation in Bribery

1. Mediation in bribery, that is assisting a briber and a bribe-taker in the achievement or implementation of an agreement between them on the receipt and giving a bribe, -

shall be punished by a fine in an amount from one hundred up to three hundred monthly assessment indices, or in an amount of wages or other income of a given convict for a period from one to three months, or by correctional labour for a period up to one year, or by restriction of freedom for a period up to two years, or by detention under arrest for a period up to four months, or by imprisonment for a period up to two years.

2. The same act committed repeatedly or by an organised group, or by a person with the use of his official position, -

Article 314. Official Forgery

Official forgery, that is the introduction by a person authorised to perform state functions or by a person equated to such person, of deliberately false information into official documents, as well as the introduction into said documents of corrections which distort their actual content, or issuing deliberately false or forged documents, where these acts are committed for extraction of benefits and advantages for himself or other persons or organisations, or for causing harm to other persons or organisations,

shall be punished by a fine in an amount from one hundred up to two hundred monthly assessment indices, or in an amount of wages or other income of a given convict for a period from one to two months, or by engagement in public works for a period from one hundred eighty up to two hundred forty hours, or by correctional labour for a period up to two years, or by detention under arrest for a period up to six months, or by imprisonment for a period up to two years.

2. Same acts committed by an official person,

shall be punished by a fine in an amount from three hundred to five hundred monthly assessment indices or in an amount of wages or other income of a convict for a period from three to five months or by deprivation of freedom up to three years with deprivation of the right to hold certain positions or engage in certain types of activity for a period up to five years.

3. Acts specified in the first part of this Article, where they are committed by a person holding a senior state position,

shall be punished by a fine in an amount from five hundred to thousand monthly assessment indices or in an amount of wages or other income of a convict for a period from three to seven months or deprivation of freedom up to five years with deprivation of the right to hold certain positions or engage in certain types of activity for a period up to seven years.

Article 315. Inaction in the Service

1. Inaction in the service, that is non-execution by a person authorised to perform state functions, or by a person equated to such person, of his service duties for the purposes of extracting benefits and advantages for himself or other persons or organisations or causing harm to other persons or organisations, where this entailed significant violation of the rights and legitimate interests of citizens or organisations, or the interests of the society or the state protected by law,

shall be punished by a fine in an amount from one hundred up to two hundred monthly assessment indices, or in an amount of wages or other income of a given convict for a period from one to two months, or by deprivation of the right to hold certain positions or to engage in certain types of activity for a period up to three years, or by detention under arrest for a period up to four months, or by deprivation of freedom for a period up to two years.

2. Same act committed by an official person,

shall be punished by a fine in an amount from three hundred up to five hundred monthly assessment indices, or in an amount of wages or other income of a given convict for a period from three to five months, or by deprivation of freedom for a period up to three years with deprivation of the right to hold certain positions or to engage in certain types of activity for a period up to five years.

3. Same acts committed by a person holding a senior state position,

shall be punished by a fine in an amount from five hundred up to eight hundred monthly assessment indices or in an amount of wages or other types of income of a convict for a period from five to eight hundred months or by deprivation of freedom for a period up to five years with deprivation of the right to hold certain positions or engage in certain types of activity for a period up to five years or without such.

4. Acts specified by the first, second, or third part of this Article, which entailed grave consequences,

shall be punished by deprivation of freedom for a period up to eight years with deprivation of the right to hold certain positions or to engage in certain types of activity for a period up to seven years.

Article 316. Negligence

1. Negligence, that is a failure to execute or improper execution by an official of his duties as a result of his unscrupulous or neglectful attitude towards service, if this entailed significant violation of the rights and legitimate interests of citizens or organisations, or interests of the society or the state which are protected by law,

shall be punished by a fine in an amount up to two hundred monthly assessment indices, or in an amount of wages or other income of a given convict for a period from one to three months, or by engagement in public works for a period from one hundred eighty up to two hundred forty hours, or by correctional labour for a period up to one year, or by detention under arrest for a period up to three months.

2. The same act which entailed by negligence human death or other grave consequences, -

shall be punished by imprisonment for a period up to five years with deprivation of the right to hold certain positions or to engage in certain types of activity for a period up to three years.

Chapter 14. Crimes Against the Governmental Order

Article 317. Outrage upon the State Flag, the State Coat of Arms, or the State Hymn of the Republic of Kazakhstan

Outrage upon the State Flag, the State Coat of Arms, or the State Hymn of the Republic of Kazakhstan, -

shall be punished by a fine in an amount from two hundred up to one thousand monthly assessment indices, or in an amount of wages or other income of a given convict for a period from two to ten months, or by restriction of freedom for a period up to two years, or by detention under arrest for a period from three to six months, or by imprisonment for a period up to one year.

Article 318. Infringement upon Honour and Dignity of the President of the Republic of Kazakhstan and Impeding His Activity

1. A public insult or other infringement upon the honour and dignity of the President of the Republic of Kazakhstan, -

shall be punished by a fine in an amount from two hundred up to seven hundred monthly assessment 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 public works for a period from one hundred eighty up to two hundred forty hours, or by correctional labour for a period up to one year, or by detention under arrest for a period up to five months, or by imprisonment for a period up to one year.

2. The same act committed with the use of the mass information media, -

3. Exerting influence in any form upon the President of the Republic of Kazakhstan or his close relatives for the purposes to preclude him from the execution of his obligations,

shall be punished by restriction of freedom for a period up to five years, or by imprisonment for the same period.

Note. Public speeches containing critical remarks concerning the policy conducted by the President of the Republic of Kazakhstan shall not entail criminal liability under this Article.

Article 319. Infringement upon the Honour and Dignity of a Deputy and Impeding His Activity

1. A public insult to a deputy of the Parliament of the Republic of Kazakhstan when he is executing his deputy obligations or in relation to the execution of them, , -

shall be punished by a fine in an amount from one hundred up to five hundred monthly assessment indices, or in an amount of wages or other income of a given convict for a period from one to five months, or by engagement in public works for a period up to one hundred eighty hours, or by correctional labour for a period up to one year, or by restriction of freedom for the same period, or by detention under arrest for a period up to four months.

2. The same act committed with the use of the mass information media, -

shall be punished by a fine in an amount from three hundred up to eight hundred monthly assessment indices, or in an amount of wages or other income of a given convict for a period from three to eight months, or by correctional labour for a period from one to two years, or by restriction of freedom for a period up to two years, or by detention under arrest for a period up to six months, or imprisonment for a period up to two years.

3. Exerting influence in any form upon a deputy of the Parliament of the Republic of Kazakhstan or his close relatives for the purpose of precluding him from the execution of his obligations, -

shall be punished by correctional labour for a period up to two years, or by restriction of freedom for a period up to three years, or by imprisonment for the same period.

Note. Public speeches containing critical comments concerning deputy activity of a deputy of the Parliament of the Republic of Kazakhstan shall not entail criminal liability under this Article.

Article 320. Insulting a Representative of the State Authorities

1. A public insult of a representative of the state authorities when he is executing his service duties or in relation to their execution, -

shall be punished by a fine in an amount from one hundred up to four hundred monthly assessment indices, or in an amount of wages or other income of a given convict for a period from one to four months, or by engagement in public works for a period up to one hundred eighty hours, or by correctional labour for a period up to one year, or by restriction of freedom for the same period, or by detention under arrest for a period up to three months.

2. The same act committed with the use of mass information media, -

shall be punished by a fine in an amount from three hundred up to seven hundred monthly assessment indices, or in an amount of wages or other income of a given convict for a period from three to seven months, or by correctional labour for a period up to two years, or by restriction of freedom for a period up to two years, or by detention under arrest for a period up to six months, or by imprisonment for a period up to one year.

Notes.

1. In this Article and other articles of the present Code, a representative of the state authorities shall be understood to mean an official of a state body who is invested, in accordance with the established procedure, with commanding powers with regard to persons who are not in service dependence upon him.

2. Public speeches which contain critical statements concerning the service activity of a representative of the state authorities shall not entail criminal liability under the present Article.

Article 321. Violence with Regard to a Representative of the State Authorities

1. Violence which is not dangerous for health or life, or a threat to use such violence, with regard to a representative of the state authorities or his relatives in relation to the execution by him of his service duties, -

2. The use of violence, which is dangerous for life or health, with regard to persons indicated in the first part of this Article, -

shall be punished by imprisonment for a period from five to ten years.

Article 321-1. Obstruction of the Activities of a Procurator and Failure to Observe His Legitimate Requirements

Failure to observe the acts of the procurator supervision, and equally obstruction of his activities, where it entails causation of substantial harm to rights and legitimate interests of citizens or organisations, or the interests of the society or the state which are protected by the law, -

shall be punished with a fine in amount up to five hundred monthly assessment indices or in amount of wages or other income of the convict for a period from two to six months, or engagement in public works for a period from one hundred and eighty to two hundred and forty hours, or arrest for a period up to six months, or deprivation of freedom for a period up to one year.

Article 322. Divulging of Information Concerning the Safety Measures Applied with Regard to an Official Holding a Responsible State Position

1. Divulging of information concerning the safety measures applied with regard to an official who holds a responsible state position, as well as his relatives, by a person to whom that information was entrusted or became known to him in relation to his service activity, -

2. The same act which entailed grave consequences, -

shall be punished by imprisonment for a period up to five years.

Article 323. Acquisition or Sale of Official Documents and State Awards

Illegal acquisition or sale of official documents which grant the rights or exempt from obligations, as well as of state awards of the Republic of Kazakhstan or the USSR, -

Article 324. The Stealing or Damaging of Documents, Stamps, or Seals

1. Stealing from a citizen of his passport, identification papers, or other important personal document, -

2. Stealing, destruction, damaging, or concealment of official documents, seals, or stamps, which is committed for venal purposes or other personal interests, -

shall be punished by a fine in an amount from two hundred up to five hundred monthly assessment indices, or in an amount of wages or other income of a given convict for a period from two to five months, or by correctional labour for a period up to two years, or by detention under arrest for a period up to four months, or by imprisonment for a period up to one year.

Article 325. Forgery, Manufacture, or Sale of Forged Documents, Seals, Stamps, Blank Forms, or State Awards

1. Forgery of a certificate or other official document which grants a right or exempts from obligations, or sale of such a document, as well as manufacture or sale of forged stamps, seals, blank forms, state awards of the Republic of Kazakhstan or of the USSR, -

shall be punished by restriction of freedom for a period up to three years, or by detention under arrest for a period from three to six months, or by imprisonment for a period up to two years.

2. The same acts committed repeatedly or by a group of persons upon a preliminary collusion, -

shall be punished by imprisonment for a period up to four years.

3. The use of a forged document by a person being aware of that fact, -

shall be punished by a fine in an amount from one hundred up to five hundred monthly assessment indices, or in an amount of wages or other income of a given convict for a period from one to five months, or by engagement in public works for a period from one hundred eighty up to two hundred forty hours, or by correctional labour for a period up to one year, or by detention under arrest for a period up to six months.

Article 326. Evasion of Military Service

1. Evasion of a draft for military service in the absence of lawful reasons for exemptions from that service, -

shall be punished by a fine in an amount from two hundred up to one thousand monthly assessment indices, or in an amount of wages or other income of a given convict for a period from two to ten months, or by detention under arrest for a period from three to six months, or by imprisonment for a period up to two years.

2. The same act committed as follows:

a) by way of the causation of damage to one's own health;

b) by way of simulating a disease;

c) by way of forgery of documents or other deception, -

shall be punished by imprisonment for a period up to five years.

Note. A draftee shall be exempt from criminal liability, if, prior to the transfer by the investigation body of a given case to a court, he voluntarily appeared at the draft board.

Article 327. Arbitrariness

1. Arbitrariness, that is unwarranted, against the order established by legislation, the exercise of one's actual or presumptive right that is disputed by another person or organisation, which inflicted considerable damage upon the rights or legitimate interests of citizens or organisations, or interests of the society or the state which are protected by law, -

shall be punished by a fine in an amount from two hundred up to one thousand monthly assessment indices, or in an amount of wages or other income of a given convict for a period from two to ten months, or by engagement in public works for a period from one hundred eighty up to two hundred forty hours, or by correctional labour for a period from one year up to two years, or by detention under arrest for a period from three to six months.

2. The same act committed with violence or a threat to use it, -

shall be punished by restriction of freedom for a period up to three years, or by imprisonment for a period up to five years.

3. Acts stipulated by the first or second part of this Article, which are committed by a group of persons upon a preliminary collusion or which entailed grave consequences, -

shall be punished by imprisonment for a period from two to seven years.

Article 328. Unwarranted Appropriation of a Title of a Representative of the State Authorities or an Official Holding a Responsible State Position

Unwarranted appropriation of a title of a representative of the state authorities or an official holding a responsible state position, which is associated with the commission on that basis of a crime, -

shall be punished by restriction of freedom for a period up to three years, or by imprisonment for a period up to two years.

Article 329. Illegal Raising of the State Flag

Illegal raising of the State Flag of the Republic of Kazakhstan on a trade vessel, -

Article 330. Deliberate Illegal Crossing of the State Border of the Republic of Kazakhstan

1. Deliberate illegal crossing of the State Border of the Republic of Kazakhstan without proper documents and a proper permit, -

2. The same act committed by a group of persons upon a preliminary collusion, or by an organised group, or with violence or a threat to apply it, -

shall be punished by imprisonment for a period up to five years.

Article 330-1. Failure to Implement a Decision on Expulsion

Failure of foreign citizens and stateless persons to comply with the decisions adopted for their expulsion beyond the boundaries of the Republic of Kazakhstan -

shall be punished with a fine in an amount from one hundred up to five hundred monthly assessment indices or in amount of the wages or other income of the convict for the period from one to five months, or with arrest for a period up to six months, or deprivation of freedom for a period up to one year.

Article 330-2. Organisation of Illegal Migration

1. Organisation of illegal migration by way of providing transport vehicles or counterfeit documents, housing, or other premises, as well as rendering of other services to citizens, foreigners and stateless persons for illegal entry into, exit from, movement within the territory of the Republic of Kazakhstan -

shall be punished by fine in amount from two to five hundred monthly assessment indices or in amount of wages or other income of a convict for the period from two to ten months or by deprivation of freedom for a period up to two years.

2. The same acts committed by an organised group or with the use of service authority, -

shall be punished by deprivation of freedom for a period up to five years.

Article 330-3. Multiple Violation of the Rules for Invitation and Use in the Republic of Kazakhstan of Foreign Man Power

1. Multiple acceptance for work by an employer of foreigners or stateless persons who are present in the territory of the Republic of Kazakhstan without appropriate permit from the authorised body, -

shall be punished with a fine in amount from five hundred to seven hundred of monthly assessment indices or in amount of wages or other income of the convict for the period from five to seven months or with engagement in public work for a period from one hundred to two hundred and forty hours.

2. Multiple violation by an employer of the rules of using foreign manpower in the Republic of Kazakhstan,

shall be punished by a fine in amount from seven hundred to nine hundred of monthly assessment indices or in amount of wages or other income of the convict for the period from seven months to one year, or by engagement in public work for a period from one hundred and forty to two hundred and forty hours.

Article 331. Illegal Changing of the State Border of the Republic of Kazakhstan

1. Withdrawal, transfer, or destruction of frontier signs, for the purpose of illegal changing of the State Border of the Republic of Kazakhstan, -

shall be punished by restriction of freedom for a period up to three years, or by detention under arrest for a period from three to six months, or by imprisonment for a period up to two years.

2. The same acts which are committed repeatedly, or which entailed grave consequences, -

shall be punished by imprisonment for a period up to four years.

Article 332. Illegal Use of Emblems and Symbols of the Red Crescent and the Red Cross

Illegal use of emblems and distinguishing symbols of the Red Crescent and the Red Cross, as well as of the name of the Red Crescent and the Red Cross, -

shall be punished by a fine in an amount from one hundred up to one thousand monthly assessment indices, or in an amount of wages or other income of a given convict for a period from one to ten months, or by engagement to in public works for a period from one hundred eighty up to two hundred forty hours, or by detention under arrest for a period from three to six months.

Article 333. Violation of Rules for the Protection of Communication Lines

Violation of rules for the protection of communication lines which entailed the damaging of a cable line of inter-city communication, if it caused an interruption in communication, -

Article 334. Violation of the Procedure for the Organisation and Conducting of Rallies, Meetings, Picketing, Street Marches, or Demonstrations

1. Violation of the procedure for the organisation or conducting of rallies, meetings, picketing, street marches, or demonstrations, which is committed by an organiser of a rally, meeting, picketing, street march, or demonstration, if this act entailed disruption of transport, or caused considerable damage to the rights and legitimate interests of citizens and organisations, -

shall be punished by a fine in an amount from one hundred up to eight hundred monthly assessment indices, or in an amount of wages or other income of a given convict for a period from one to eight months, or by engagement in public works for a period from one hundred twenty up to one hundred eighty hours, or by detention under arrest for a period up to four months.

2. The organisation or conducting of illegal rallies, meetings, picketing, street marches, or demonstrations, which is committed by an organiser of a given rally, meeting, picketing, street march, or demonstration, as well as active participation in illegal rallies, meetings, picketing, street marches, or demonstrations, if these acts entailed consequences stipulated by the first part of this Article, -

shall be punished by a fine in an amount from two hundred up to one thousand monthly assessment indices, or in an amount of wages or other income of a given convict for a period from two to ten months, or by engagement in public works for a period from one hundred eighty up to two hundred forty hours, or by detention under arrest for a period up to six months, or by imprisonment for a period up to one year.

Article 335. Directing of a Prohibited Strike, and Impeding the Work of an Enterprise or an Organisation under the Conditions of an Emergency Situation

Directing of a prohibited strike under the conditions of an emergency situation, as well as impeding, under such conditions, the work of an organisation, -

Article 336. Illegal Interference of Members of Public Associations in the Activity of State Bodies

1. Impeding legal activity of state bodies, or appropriation of functions of state bodies or their officials by members of public associations, as well as the creation in the state bodies of organisations of political parties, if these acts entailed considerable violation of the rights and legitimate interests of citizens or interests of the society or the state protected by law, -

2. The same acts which are committed by the head of a public association shall be punished by a fine in an amount from five hundred up to seven hundred monthly assessment indices, or in an amount of wages or other income of a given convict for a period from five to seven months, or by correctional labour for a period up to two years, or by detention under arrest for a period up to six months, or by imprisonment for a period up to one year with deprivation of the right to hold certain positions or to engage in certain types of activity of a period up to three years.

Article 337. Creation or Participation in the Activity of Illegal Public Associations

1. Creation or guidance of a religious or public association the activity of which is associated with violence against citizens or other causation of damage to their health, or with inducing citizens to refuse to perform their civil obligations or to commit other illegal actions, as well as the creation or guidance of a party on a religious basis or a political party or a trade union which are financed by foreign states, or foreign citizens or by foreign or international organisations, -

shall be punished by a fine in an amount from two hundred up to five hundred monthly calculation bases, or in an amount of wages or other income of a given convict for a period from two to five months, or by correctional labour for a period up to two years, or by detention under arrest for a period up to four months, or by imprisonment for a period up to three years with deprivation of the right to hold certain positions or to engage in certain types of activity for a period up to three years.

2. Creation of a public association which proclaims or carries out in practice racial, national, tribal, social, class, or religious intolerance or exclusiveness, or which calls for the subversion of the constitutional order, disruption of safety of the state, or infringements upon the territorial integrity of the Republic of Kazakhstan, as well as the guidance of such an association, -

shall be punished by correctional labour for a period up to two years, or by restriction of freedom for a period up to five years, or by detention under arrest for a period up to six months, or by imprisonment for a period up to three years with deprivation of the right to hold certain positions or to engage in certain types of activity for a period up to three years.

3. Active participation in the activity of public associations indicated in the first or second part of this Article, -

shall be punished by a fine in an amount from one hundred up to three hundred monthly assessment indices, or in an amount of wages or other income of a given convict for a period from one to two months, or by correctional labour for a period up to one year, or by detention under arrest for a period up to four months or imprisonment for a period up to one year.

Article 338. Rendering Assistance to Political Parties and Trade Unions of Foreign States

Financing, granting premises or property, as well as rendering other assistance to political parties or trade unions of other states, if this acts entailed considerable violation of the rights and legitimate interests of citizens or organisations, or interests of the society or the state protected by law, -

shall be punished by a fine in an amount from three hundred up to one thousand monthly assessment indices, or by correctional labour for a period up to two years, or by detention under arrest for a period up to six months, or by imprisonment for a period up to one year.

Chapter 15. Crimes Against Justice and the Order for Carrying Out Punishment

Article 339. Obstructing the Administration of Justice and Performance of a Preliminary Investigation

1. Interference in any form with the activity of a court for the purposes of obstructing the administration of justice, -

shall be punished by a fine in an amount from two hundred up to three hundred minimum assessment indices, or in an amount of wages, or other income of a given convict for a period from two to five months, or by detention under arrest for a period from three to six months, or by imprisonment for a period up to two years.

2. Interference in any form with the activity of a prosecutor, investigator, or a person carrying out an inquest, for the purpose of impeding the comprehensive, complete, and objective investigation of a given case, -

shall be punished by a fine in an amount from one hundred up to two hundred minimum assessment indices, or in an amount of wages or other income of a given convict for a period from one to two months, or by engagement in public works for a period from one hundred eighty up to two hundred forty hours, or by detention under arrest for a period from three to six months.

3. Acts stipulated by the first or second part of this Article committed by a person with the use of his official position, -

Article 340. An Attempt upon the Life of a Person Administering Justice or Carrying out a Preliminary Investigation

An attempt upon the life of a judge, prosecutor, investigator, a person carrying out an inquest, counsel for the defence, expert, bailiff, or court executor, as well as their relatives in relation to the consideration of cases or materials in court, carrying out a preliminary investigation, or execution of a judgement, court decision, or other judicial act, which is committed for the purposes of impeding legitimate activity of said persons, or out of revenge for such activity, -

shall be punished by imprisonment for a period from ten to twenty years, or by capital punishment, or life-time imprisonment.

Article 341. Threatening or Violent Actions in Relation to the Administration of Justice or Carrying out a Preliminary Investigation

1. Threatening with murder, causation of damage to health, damaging or destruction of property with regard to a judge, as well as his relatives in relation to the consideration of cases or materials in court, -

2. The same act committed with regard to a prosecutor, investigator, a person carrying out an inquest, counsel for the defence, expert, bailiff, executor, as well as their relatives in relation to the carrying out a preliminary investigation, consideration of a given case or materials in court, or execution of a judgement, court decision, or other judicial act, -

3. Acts stipulated by the first or second part of this Article which are committed with violence that is not dangerous for life or health, -

shall be punished by imprisonment for a period up to five years.

4. Acts stipulated by the first or second part of this Article committed with violence which is dangerous for life or health, -

shall be punished by imprisonment for a period from five to ten years.

Article 342. Contempt of Court

1. Contempt of a court, which is expressed by insulting participants of a given court hearing,

shall be punished by a fine in an amount from one hundred up to two hundred monthly assessment indices, or in an amount of wages or other income of a given convict for a period from one to two months, or by engagement in public works for a period from one hundred eighty up to two hundred forty hours, or by detention under arrest for a period from two to four months.

2. The same act which is expressed in the insulting of a judge, -

Article 343. Slander with Regard to a Judge, Prosecutor, Investigator, a Person Carrying out an Inquest, Bailiff, or Executor

1. Slander with regard to a judge in relation to the consideration of cases or materials in court, -

shall be punished by a fine in an amount from two hundred up to five hundred monthly assessment indices, or in an amount of wages or other income of a given convict for a period from two to five months, or by correctional labour for a period from one to two years, or by detention under arrest for a period from three to six months, or by imprisonment for a period up to two years.

2. The same act committed with regard to a prosecutor, investigator, a person carrying out an inquest, bailiff, or executor, in relation to the carrying out of a preliminary investigation or execution of a judgement, court's decision, or other judicial act, -

shall be punished by a fine in an amount from one hundred up to two hundred monthly assessment indices, or in an amount of wages or other income of a given convict for a period from one to two months, or by correctional labour for a period up to two years, or by detention under arrest for a period from three to six months, or by imprisonment for a period up to two years.

3. Acts stipulated by the first or second part of this Article which are combined with an accusation against a person of the commission of a grave or an especially grave crime, -

shall be punished by imprisonment for a period up to four years.

Article 344. Bringing to Criminal Liability of an Innocent Person, Being Fully Aware of That Fact

1. Bringing to criminal liability of an innocent person, being fully aware of that fact, -

shall be punished by imprisonment for a period up to five years.

2. The same act combined with an accusation of a given person in the commission of a grave or an especially grave crime, -

shall be punished by imprisonment for a period from three to ten years.

Article 345. Intentionally Illegal Exemption from Criminal Liability

Intentionally illegal exemption from criminal liability of a person, who is suspected or accused of the commission of a crime, by a prosecutor, investigator, or a person carrying out an inquest, -

shall be punished by imprisonment for a period from two to seven years.

Article 346. Deliberately Illegal Detention, Commitment, or Keeping in Custody

1. Deliberately illegal detention of a person, -

shall be punished by restriction of freedom for a period up to three years, or by detention under arrest for a period from four to six months, or by imprisonment for a period up to two years with deprivation of the right to hold certain positions or to engage in certain types of activity for a period up to three years, or without it.

2. Deliberately illegal placing under arrest or keeping under custody, -

shall be punished by imprisonment for a period up to four years.

3. Acts stipulated by the first or second part of this Article, which entailed grave consequences, shall be punished by imprisonment for a period from three to eight years.

Article 347. Coercion to Provide Evidence

1. Coercion of a suspect, defendant, a victim, or a witness to give evidence, or coercion of an expert to present findings, by way of threatening, blackmail, or other illegal actions on behalf of a given investigator or a person carrying out an inquest, -

shall be punished by imprisonment for a period up to three years.

Article 347-1. Torture

1. Deliberate causation of physical or psychic suffering, committed by an investigator, person who carries out inquest, or another official person for the purpose of receiving from the tortured person or a third person of information or confession or of punishing him for the act which that person committed himself or of the commission of which the person is suspected, as well as threatening or compelling him or a third person, or for any reason based on discrimination of any nature,

shall be punished by a fine in an amount of two hundred up to five hundred monthly assessment indices or in the amount of wages or other income of the convict for a period from two to five months, or deprivation of the right to hold certain positions for a period up to three years, or restriction of freedom for a period up to five years, or deprivation of freedom for the same period.

2. The same act committed as follows:

a) by a group of persons or a group of persons on a prior collusion;

b) not one time;

c) with causation of medium gravity harm to health;

d) to a woman who, of which the guilty was aware, was pregnant, or a juvenile,

shall be punished with deprivation of freedom for a period up to seven years with deprivation of the right to hold certain positions or engage in certain activities for a period up to three years.

3. The same act, if caused grave bodily harm or by negligence the death of a victim,

shall be punished with deprivation of freedom for a period from five to ten years with deprivation of the right to hold certain positions or engage in certain activities for a period up to three years.

Note.

Physical and psychic suffering resulting from legitimate acts of official persons shall not be recognised as torture.

Article 348. Falsification of Evidence

1. Falsification of evidence in a civil case by a person participating in it, or by his representative, -

shall be punished by a fine in an amount from five hundred up to eight hundred monthly assessment indices, or in an amount of wages or other income of a given convict for a period from five to eighty months, or by correctional labour for a period from one to two years, or by detention under arrest for a period from two to four months, or by restriction of freedom for a period up to two years.

2. Falsification of evidence in a criminal case by a person carrying out an inquest, investigator, prosecutor specialist who participates in the procedural acts, or counsel of the defence, -

shall be punished by imprisonment for a period up to three years with deprivation of the right to hold certain positions or to engage in certain types of activity for a period up to three years.

3. Falsification of evidence in a criminal case concerning a grave or an especially grave crime, as well as falsification which entailed grave consequences, -

Article 349. Provocation of Commercial Subornation or a Corruption Crime

1. Provocation of commercial subornation, that is an attempt to transfer money to a person performing managerial functions in commercial or other organisations, without the latter's consent, material values or advantages for the purposes of artificial creation of evidence of the commission of a crime or blackmail,

shall be punished by a fine in an amount from one hundred up to three hundred monthly assessment indices, or in an amount of wages or other income of a given convict for a period from one to three months, or by deprivation of freedom for a period up to five years with confiscation of assets or without such confiscation.

2. Provocation of a corruption crime, that is the same act committed against a person authorised to perform state functions, or against a person equated to such person,

shall be punished by a fine in an amount from two hundred to five hundred monthly assessment indices or in an amount of wages or other income of a convict for a period from three to five months with deprivation of the right to hold certain positions or engage in certain types of activity for a period up to three years or by deprivation of the right for a period up to seven years with confiscation of assets or without such.

Article 350. Passing a Deliberately Unjust Sentence, Decision, or Other Judicial Act

1. Passing by a judge (judges) of a deliberately unjust judgement, decision, or other judicial act, -

2. The same act which is associated with the passing of an illegal sentence to imprisonment or which entailed other grave consequences, -

shall be punished by imprisonment for a period from two to seven years with deprivation of the right to hold certain positions or to engage in certain types of activity for a period up to three years.

Article 351. Deliberately False Denunciation

1. A deliberately false denunciation concerning the commission of a crime, -

shall be punished by a fine in an amount from one hundred up to two hundred monthly assessment indices, or in an amount of wages or other income of a given convict for a period from one to two months, or by engagement in public works for a period from one hundred eighty up to two hundred forty hours, or by correctional labour for a period from one year to two years, or by detention under arrest for a period from three to six months, or by imprisonment for a period up to two years.

2. The same act combined with an accusation of a person in the commission of a grave or an especially grave corruption crime, or with the fabrication of artificial evidence for the prosecution, or committed for venal purposes, -

shall be punished by imprisonment for a period up to six years.

3. Acts stipulated by the first or second part of this Article which are committed in the interests of an organised group or a criminal association (criminal organisation), -

shall be punished by imprisonment for a period from three to eight years.

Article 352. Deliberately False Testimony or Expert Findings, or Incorrect Translation

1. Deliberately false testimony of a witness or a victim, or findings of an expert in court, or in the carrying out of an inquest or a preliminary investigation, as well as intentionally incorrect translation made by a translator in the same cases, -

2. The same acts combined with an accusation of a person in the commission of a grave or an especially grave corruption crime, or combined with artificial creation of evidence for the prosecution, as well as such acts committed for venal purposes, -

shall be punished by imprisonment for a period from three to eight years.

Note. A witness, victim, expert, or translator shall be exempt from criminal liability, if they voluntarily in the course of an inquest, preliminary investigation, or a court hearing, prior to the passing of a sentence or a decision by the court, admitted the falsity of evidence given by them, findings, or incorrect translation.

Article 353. Refusal by a Witness or Victim of Giving Evidence

A refusal by a witness or victim to give evidence in court, or in the course of an inquest or preliminary investigation, -

shall be punished by a fine in an amount from fifty up to one hundred monthly assessment indices, or in an amount of wages or other income of a given convict for a period up to one month, or by engagement in public works for a period from one hundred twenty up to one hundred eighty hours, or by correctional labour for a period up to one year, or by detention under arrest for a period up to three months.

Note. A person shall not be subject to criminal liability for a refusal to give evidence against himself or herself, a spouse, or close relatives, as well as ecclesiastics for a refusal to testify against those who confided to them at the confessional.

Article 354. Subornation or Coercion to Giving False Evidence or to Evasion of Giving Evidence, or False Findings, or Incorrect Translation

1. Subornation of a witness or victim for the purposes of the giving of false evidence by them, or of an expert for the purpose of the issuing by him of false findings, as well as of a translator for the purposes of making by him of an incorrect translation, -

shall be punished by a fine in an amount up to one thousand monthly assessment indices, or in an amount of wages or other income of a given convict for a period up to ten months, or by restriction of freedom for a period up to three years, or by imprisonment for the same period.

2. Coercion of a witness or a victim to give false evidence, or of an expert to issue false findings, or a translator to make incorrect translation, as well as coercion of said persons to evade giving evidence, which is combined with blackmail, threatening with murder, causation of damage to health, destruction of property of those persons or of their relatives, -

3. An act stipulated by the second part of this Article which is committed with violence not dangerous for life or health of said persons, -

shall be punished by imprisonment for a period up to five years.

4. Acts stipulated by the first or second part of this Article, which are committed by an organised group or with violence which is dangerous for life or health of said persons, and equally associated with accusation of committing a corruption crime, grave or especially grave crime, -

shall be punished by imprisonment for a period from two to eight years.

Article 355. Divulgation of Information Received in the Course of an Inquest or a Preliminary Investigation

Divulgation of information received in the course of an inquest or preliminary investigation by a person who was warned through the procedure established by law of the inadmissibility of their divulgation, if it is committed without the consent of a given prosecutor, investigator, or a person carrying out an inquest, -

Article 356. Divulgation of Information Concerning Safety Measures Applied with Regard to a Judge and Participants in Criminal Proceedings

1. Divulgation of information concerning safety measures applied with regard to a judge, court bailiff, court executor, victim, witness, or other participants in criminal proceedings, as well as with regard to their relatives, if this act is committed by a person to whom that information was entrusted or became known in relation to his service activity, -

2. The same act which entailed grave consequences, -

shall be punished by imprisonment for a period up to five years.

Article 357. Illegal Actions with Regard to Property Subjected to Distrainment or Attachment, or Subject to Confiscation

1. Embezzlement, alienation, concealment, or illegal transfer of property which was subjected to distrainment or attachment, or upon which a restriction is imposed with regard to its disposal, which is committed by a person to whom that property was entrusted, as well as the commission by an employee of a loan organisation of banking transactions with monetary funds (deposits) which are attached, or with regard to which expenditures are suspended, -

shall be punished by a fine in an amount from one hundred up to two hundred monthly assessment indices, or in an amount of wages or other income of a given convict for a period from one to two months, or by engagement in public works for a period from one hundred eighty up to two hundred forty hours, or by detention under arrest for a period from three to six months, or by imprisonment for a period up to two years.

2. Concealment or appropriation of property subject to confiscation under a court's judgement, as well as other evasion of the execution of a court's judgement which entered into legal force concerning the confiscation of property, -

shall be punished by a fine in an amount from seven hundred up to one thousand monthly assessment indices, or in an amount of wages or other income of a given convict for a period from seven months up to one year, or by imprisonment for a period up to three years with a fine in an amount up to fifty monthly assessment indices, or in an amount of wages or other income of a given convict for a period up to one month.

Article 358. Escape from Places of Imprisonment, from Arrest, or Custody

1. Escape from places of imprisonment, from arrest, or custody, which is committed by a person enduring punishment or being in pretrial incarceration, -

shall be punished by imprisonment for a period up to three years.

2. The same act committed as follows:

a) by a group of persons upon a preliminary collusion;

b) with violence which is dangerous for life or health, or with a threat to use such violence;

c) with arms or objects used as arms, -

shall be punished by imprisonment for a period up to seven years.

Note. A person who voluntarily returned within seven days from the moment of the commission of an escape to the place of his imprisonment or under custody, shall be exempt from criminal liability for the escape, unless he committed another new crime, and unless his escape was combined with actions stipulated by subparagraphs b) and c) of the second part of this Article.

Article 359. Evasion of Endurance of Punishment in the Form of Imprisonment

A failure of a convict to return to a given penitentiary institution, who was permitted a short-time exit from the place of imprisonment, upon the expiration of the term of exit, as well as of a convict who has the right to move around, or who is under supervision, which is committed for the purpose of evasion of further endurance of punishment in the form of imprisonment, -

shall be punished by imprisonment for a period up to two years.

Article 360. Malicious Disobedience of the Administrative Requirements of a Penal Institution

Malicious disobedience of the legitimate requirements of the administration of a penal institution by a person serving punishment in a place of imprisonment, -

shall be punished by imprisonment for a period up to two years.

Article 361. Disorganization of Normal Activity of Institutions Providing for Isolation from the Society

1. A threat to use violence with regard to an employee of a place for imprisonment or a place of keeping under custody, as well as with regard to a convict for the purposes to impede his correction or out of revenge for the execution by him of a public duty, -

shall be punished by imprisonment for a period up to five years.

2. The use of violence, which is not dangerous for life or health, with regard to persons indicated in the first part of this Article, -

shall be punished by imprisonment for a period from three to seven months.

3. Acts stipulated by the first or second part of this Article, which are committed by a group of persons upon a preliminary collusion or with violence which is dangerous for life or health, -

shall be punished by imprisonment for a period from five to ten years.

Article 362. Non-Execution of a Court's Judgement, Court's Decision, or Other Judicial Act

1. Malicious non-execution of a court's judgement, court's decision, or of other judicial act which entered into legal force, as well as impeding their execution, -

shall be punished by a fine in an amount up to two hundred monthly assessment indices, or in an amount of wages or other income of a given convict for a period up to two months, or by engagement in public works for a period from one hundred twenty up to one hundred eighty hours, or by detention under arrest for a period up to four months.

2. The same acts committed by a representative of the state authorities, a civil servant, an employee of a local administration body, as well as by an employee of a state organisation, commercial or other organisation, -

shall be punished by a fine in an amount from two hundred up to four hundred monthly assessment indices, or in an amount of wages or other income of a given convict for a period from two to four months, or by deprivation of the right to hold certain positions or to engage in certain types of activity for a period up to five years, or by engagement in public works for a period from one hundred eighty up to two hundred forty hours, or by detention under arrest for a period from three to six months, or by imprisonment for a period up to two years.

3. Malicious violation of the Rules of administrative supervision established by the court over the persons released from the places of deprivation of freedom, and equally unauthorized departure by a person under supervision of his place of residence or failure to arrive within the established period to the selected place of residence after the release from the place of deprivation of freedom for the purpose of evasion of administrative supervision -

shall be punished with correction work for a period from one year to two years or arrest for a period from four to six months or deprivation of freedom for a period up to one year.

Article 363. Covering Up a Crime

The covering up of a grave or an especially grave crime, if it was not promised in advance, -

shall be punished by a fine in an amount from two hundred up to five hundred monthly assessment indices, or in an amount of wages or other income of a given convict for a period from two to five months, or by detention under arrest for a period from three to six months, or by restriction of freedom for a period up to two years, or by imprisonment for a period up to two years.

Note. A person shall not be subject to criminal liability for covering up a crime committed by his spouse or a close relative, if that person did not promise it in advance.

Article 364. A Failure to Report about a Crime

A failure to inform of an especially grave crime which is reliably known to be in preparation or already committed, -

Note. A spouse or a close relative of a person having committed a crime shall not be subject to criminal liability under this Article for non-reporting about the commission of a given crime, as well as ecclesiastics for not informing of crimes committed by persons who confided to them in confession.

Article 365. Impeding Legal Activity of Attorneys or Other Persons Associated With the Protection of Citizens and Rendering Legal Assistance to Them

Impeding legal activity of attorneys and other persons which is associated with the protection of citizens in criminal proceedings, as well as with the rendering of legal assistance to citizens and organisations, or other violation of the autonomy and independence of such activity, if these acts caused considerable damage to the rights and legitimate interests of citizens or organisations, or to interests of the society or the state protected by law, -

shall be punished by a fine in an amount up to five hundred monthly assessment indices, or in an amount of wages or other income of a given convict for a period up to five months, or by restriction of freedom for a period up to three years.

Chapter 16. Military Crimes

Article 366. The Concept of a Military Crime

Military crimes shall be understood to mean crimes, stipulated by this chapter, against the established order for performing military service, which are committed by military servicemen undergoing military service as draftees or under contracts in the Armed Forces of the Republic of Kazakhstan, other units or military formations of the Republic of Kazakhstan, as well as by citizens who are in the reserve when they are undergoing through reserve training.

Article 367. Disobedience or Other Non-Execution of an Order

1. Disobedience, that is an open refusal to execute an order of a given commander, as well as other intentional non-execution by a subordinate of an order issued by a superior in accordance with the established procedure, which caused considerable damage to the interests of the service, -

shall be punished by restriction in the military service for a period up to two years, or by detention under arrest for a period up to six months, or by detention in a disciplinary military unit for a period up to two years.

2. The same act committed by a group of persons upon a preliminary collusion or by an organised group, as well as such an act which entailed grave consequences, -

shall be punished by imprisonment for a period up to five years.

3. Acts stipulated by the first or second part of this Article which are committed at war-time, or in a combat situation, -

shall be punished by imprisonment for a period from five to twenty years, and under aggravating circumstances, by capital punishment or life-time imprisonment.

4. Non-execution of an order as a consequence of negligent or careless attitude towards the service, which entailed grave consequences, -

shall be punished by restriction in military service for a period up to one year, or by detention under arrest for a period from three to six months, or by detention in a disciplinary military unit for a period up to one year.

5. An act stipulated by the fourth part of this Article, which is committed at war-time or in a combat situation, -

shall be punished by imprisonment for a period from three to ten years.

Article 368. Resistance to a Superior or Coercion of Him to Violate Service Duties

1. Resistance to a superior, as well as to other person performing the military service duties delegated to him, or coercion of him to violate those duties, which is associated with violence or a threat to use it, -

shall be punished by detention under arrest for a period up to six months, or by restriction in military service for a period up to two years, by detention in a disciplinary military unit for a period up to two years, or by imprisonment for a period up to five years.

2. The same acts committed:

a) by a group of persons upon a preliminary collusion or by an organised group;

b) with the use of weapons;

c) with the causation of severe or medium gravity damage to health or other grave consequences, -

shall be punished by imprisonment for a period from three to ten years.

3. Acts stipulated by the first or second part of this Article which are committed at war-time or in a combat situation, -

shall be punished by imprisonment for a period from five to twenty years, or by capital punishment or life-time imprisonment.

Article 369. Violent Actions with Regard to a Superior

1. Beating, the causation of slight damage to health, or other violence with regard to a superior, which is committed during the time of execution by him of duties of military service, or in relation to the execution of those duties, -

shall be punished by restriction in military service for a period up to two years, or by detention in a disciplinary military unit for a period up to two years, or by imprisonment for a period up to five years.

2. The same acts committed:

a) by a group of persons upon a preliminary collusion or by an organised group;

b) with the use or weapons;

c) with the causation of severe or medium gravity damage to health or other grave consequences, -

shall be punished by imprisonment for a period from three to ten years.

3. Acts stipulated by the first or second part of this Article, which are committed at war-time or in a combat situation, -

shall be punished by imprisonment for a period from five to twenty years, or by capital punishment, or life-time imprisonment.

Article 370. Violation of the Statutory Rules for Relations Between Military Servicemen in the Absence of Subordination Relationships Between Them

1. Violation of the statutory rules for relations between military servicemen in the absence between them of relations of subordination, which caused a beating, the causation of slight damage to health, or other violence, or which is associated with humiliation of the honour and dignity or mocking of a given victim, -

shall be punished by restriction of military service for the period of up to two years or by arrest for the period of up to six months, or by corrective labour for the period of up to two years, or by detention in a disciplinary military unit for a period up to two years.

2. The same act committed:

a) repeatedly;

b) with regard to two or more persons;

c) by a group of persons, a group of persons upon a preliminary collusion, or by an organised group;

d) with the use of weapons;

e) with the causation of medium gravity damage to health, -

shall be punished by imprisonment for a period up to five years.

3. Acts stipulated by the first or second part of this Article, which entailed grave consequences, -

shall be punished by imprisonment for a period up to ten years.

Article 371. Insulting a Military Serviceman

1. The insulting by one military serviceman of another during the performance or in relation to the performance of duties of military service, -

shall be punished by detention under arrest for a period up to three months, or by restriction in military service for a period up to six months.

2. The insulting of a superior by a subordinate, as well as by the superior of his subordinate during the performance of military service duties or in relation to their performance, -

shall be punished by restriction in military service for a period up to one year, or by detention under arrest for a period up to six months, or by detention in a disciplinary military unit for a period up to one year.

Article 372. Unwarranted Absence from the Unit or Place of Service

1. Unwarranted absence from the unit or place of service, as well as a failure to appear for service in time without valid reasons in case of a leave from the unit, assignment, transfer, from a business trip, holiday, or a medical institution, for more than two five days, but not more than ten days, which is committed by a military serviceman who is a draftee, -

shall be punished by detention under arrest for a period up to six months or detention in a disciplinary military unit for a period up to one year.

2. The same acts committed by a military serviceman who is enduring punishment in a disciplinary military unit, -

shall be punished by imprisonment for a period up to two years.

3. Unwarranted absence from the unit or place of service, as well as a failure to appear for service in time without valid reasons for more than ten days, but not more than one month, by a military serviceman undergoing a military service as a draftee or under a contract, -

shall be punished by restriction in military service for a period up to two years, or by detention in a disciplinary military unit for a period up to two years.

4. Acts stipulated by the third part of this Article, if unwarranted absence lasted for more than one month, as well as the same acts committed by a military serviceman enduring punishment in a disciplinary military unit, if unwarranted absence lasted for more than ten days, -

shall be punished by imprisonment for a period up to three years.

5. Acts stipulated by the first or second part of this Article, which are committed at war-time, if unwarranted absence lasted for more than one day,

shall be punished by imprisonment for a period from five to ten years.

6. Unwarranted absence from the unit or place of service in a combat situation, regardless of the duration, -

shall be punished by imprisonment for a period from three to fifteen years.

Note. A military serviceman, who committed acts stipulated by the first or the third part of this Article, may be exempt by a court from criminal liability, if unwarranted absence from the unit occurred as a result of difficult circumstances, and if he voluntarily appeared for further performance of military service.

Article 373. Desertion

1. Desertion, that is unwarranted leaving of the unit or place of service for the purpose of evading military service, as well as a failure to appear for service for the same purpose, -

shall be punished by imprisonment for a period up to five years.

2. Desertion with weapons entrusted in relation to the service, as well as desertion committed by a group or persons upon a preliminary collusion, or by an organised group, -

shall be punished by imprisonment for a period from three to seven years.

3. The same act committed at war-time or in a combat situation shall be punished by imprisonment for a period from seven to twenty years, or by capital punishment, or life-time imprisonment.

Note. A military serviceman, who committed desertion stipulated by the first part of this Article, may be exempt from criminal liability, if his desertion occurred as a result of occurrence of difficult circumstances, and if he voluntarily appeared for further performance of military service.

Article 374. Evasion of Military Service by Way of Self-Mutilation or Other Method

1. Evasion by a military serviceman of the performance of military service duties by way of simulation of a disease, or the causation to himself of an injury (self-maiming), or other damage to his own health, or by way of forgery of documents, or by other fraud, -

2. The same act committed for the purposes of full exemption from the performance of military service duties, -

shall be punished by imprisonment for a period up to five years.

3. Acts stipulated by the first or second part of this Article, which are committed at war-time or in a combat situation, -

shall be punished by imprisonment for a period from five to twenty years, or by capital punishment or life-time imprisonment.

Article 375. Violation of the Rules for Being on Active Duty

1. Violation of the rules for being on active military duty (active service) for timely detection and repulse of a sudden offensive against the Republic of Kazakhstan, or for the providing for its safety, if this act entailed or could entail the causation of damage to the interests of the safety of the state, -

shall be punished by restriction in military service for a period up to two years, or by detention under arrest for a period up to six months, or by detention in a disciplinary military unit for a period up to two years, or by imprisonment for a period from one year up to five years.

2. The same act which entailed grave consequences, -

shall be punished by imprisonment for a period from three to ten years.

3. Acts stipulated by the first or second part of this Article, which are committed at war-time, -

shall be punished by imprisonment for a period from five to twenty years, or by capital punishment or life-time imprisonment.

Note. A military serviceman who committed for the first time an act stipulated by the first part of this Article, under mitigating circumstances may be exempt by a court from criminal liability.

Article 376. Violation of the Rules for Being on Frontier Service

1. Violation of the rules for carrying out frontier service by a person who is a member of a given frontier guards squad or who performs other duties of the frontier service, if this act entailed or could have entailed the causation of damage to the interests of the safety of the state, -

2. The same act which entailed grave consequences, -

shall be punished by imprisonment for a period up to five years.

Note. A military serviceman, who committed for the first time an act stipulated by the first part of this Article, under mitigating circumstances may be exempt from criminal liability.

Article 377. Violation of the Statutory Rules for Being on Guard (Sentry) Duty

1. Violation of the statutory rules for guard (sentry) duty by a person who is a guardsman (a sentry), if this act entailed the causation of damage to the facilities protected by the guards (sentries) or the causation of other harmful consequences, -

2. The same act which entailed grave consequences, -

shall be punished by imprisonment for a period up to seven years.

Note. A military serviceman, who committed for the first time an act stipulated by the first part of this Article, under mitigating circumstances may be exempt from criminal liability .

Article 378. Violation of the Statutory Rules for Internal Service or Patrolling in a Given Post

1. Violation of the statutory rules for performing internal service by a person who is a member of a daily detail of a given unit (except for guards and sentries), as well as violation of the statutory rules for patrolling in a given post, as well as of orders issued for the development of those rules and ordinances, by a person who is a member of a patrolling squad, if they entailed deleterious consequences, the prevention of which was a duty of a given person, -

shall be punished by restriction in military service for a period up to two years, or by detention under arrest for a period up to six months, or by detention under a disciplinary military unit for a period up to two years.

2. The same acts which entailed grave consequences, -

shall be punished by imprisonment for a period up to five years.

Note. A military serviceman, who committed for the first time an act stipulated by the first part of this Article, under mitigating circumstances may be exempt from criminal liability.

Article 379. Violation of Rules for Being on Duty to Protect the Public Order and to Provide for Public Safety

1. Violation by a person, who is a member of an armed detail for the protection of the public order and providing for public safety, of the rules for being on duty, if this act caused damage to the rights and legitimate interests of citizens, -

2. The same act which entailed grave consequences, -

shall be punished by imprisonment for a period up to five years.

Note. A military serviceman who committed for the first time an act stipulated by the first part of this Article, under mitigating circumstances may be exempt from criminal liability.

Article 380. Abuse of Power, Exceeding Competence or Inaction

1. Abuse by a military chief or by an official of his power or service position, exceeding of his competence or service authority, as well as inaction, which is committed for venal purposes or other personal interests and which caused considerable damage, or caused considerable infringement of rights and vested interests of servicemen (citizens) or organisations -

shall be punished by restriction in military service for a period up to two years, or by detention under arrest for a period up to six months, or by imprisonment for a period up to five years.

2. The same acts which entailed grave consequences, -

shall be punished by imprisonment for a period from three to ten years.

3. Acts stipulated by the first or second part of this Article, which are committed at war-time or in a combat situation, -

shall be punished by imprisonment for a period from five to twenty years, or by capital punishment or life-time imprisonment.

Article 381. Negligent Attitude Towards Service

1. Negligent attitude of a military superior or an official towards his service, which caused considerable damage, -

shall be punished by restriction in military service for a period up to two years, or by detention under arrest for a period up to six months, or by imprisonment for a period up to three years.

2. The same act which entailed grave consequences, -

shall be punished by imprisonment for a period up to seven years.

3. Acts stipulated by the first or second part of this Article, which are committed at war-time or in a combat situation, -

shall be punished by imprisonment for a period from three to ten years.

Note. A military serviceman, who committed for the first time an act stipulated by the first part of this Article, under mitigating circumstances may be exempt from criminal liability.

Article 382. Abandonment of a Sinking Military Ship

1. Abandonment of a sinking ship by its commander who did not perform until the end to the bitter end his service duties, as well as by a person who is a member of the ship's crew without the commander's order necessary for that, -

2. The same act committed at war-time or in a combat situation

shall be punished by imprisonment for a period from five to ten years.

Article 383. The Surrendering or Leaving to the Enemy of Material for Waging War

The surrendering to the enemy by a given commander of armed forces entrusted to him, as well as the leaving to the enemy of fortifications, combat machinery, or other means for waging a war, if said actions are committed not for the purposes of helping the enemy, -

shall be punished by imprisonment for a period from five to twenty years, or by capital punishment or life-time imprisonment.

Article 384. Voluntary Surrendering

Voluntary capitulation due to cowardice or faintheartedness, -

shall be punished by imprisonment for a period up to ten years.

Article 385. Marauding

Stealing at the field of combat of things belonging to the dead or injured (marauding), -

shall be punished by imprisonment for a period from three to ten years.

Article 386. Divulging of Secret Information of Military Nature or Loss of Documents Containing Secret Information of Military Nature

1. Loss of documents or items containing secret information of a military character, but not containing a state secret, by a person to whom those documents or items are entrusted in relation to his service, if the loss occurred as a result of violation of the established rules for handling of said documents and items, -

shall be punished by restriction in military service for a period up to one year, or by detention under arrest for a period up to six months, or by imprisonment for a period up to one year.

2. Divulgation of secret information of a military character which does not contain a state secret by a person to whom that information was entrusted or became known in relation to his service, -

shall be punished by restriction in military service for a period up to two years, or by imprisonment for the same period.

3. Acts stipulated by the first or second part of this Article, which entailed grave consequences, -

shall be punished by imprisonment for a period from three to ten years.

Article 387. Deliberate Destruction or Damaging of Military Property

1. Deliberate destruction or damaging of weapons, ammunition, transportation means, munitions, or other military assets, -

2. The same acts which entailed grave consequences shall be punished by imprisonment for a period up to five years.

Article 388. Negligent Destruction or Damaging of Military Property

Negligent destruction or damaging of weapons, ammunition, means of transportation, or items of military equipment, which entailed grave consequences, -

Article 389. Loss of Military Property

Violation of the rules for the protection of weapons, ammunition or items of military equipment which were entrusted for service use, if this entailed their loss, -

Article 390. Violation of the Rules for Handling Weapons, As Well As Substances and Items Which Are Dangerous for the Public

1. Violation of the rules for handling weapons, ammunition, radioactive materials, explosives, or other substances and items, which are of great danger for the public, if this entailed by negligence the causation of grave or medium gravity damage to a person's health, destruction of military property, or other grave consequences, -

shall be punished by restriction in military service for a period up to two years, or by detention in a disciplinary military unit for a period up to two years, or by detention under arrest for a period up to three months, or by imprisonment for a period up to two years.

2. The same act which entailed by negligence a person's, -

death shall be punished by imprisonment for a period up to five years.

3. An act stipulated by the first part of this Article, which entailed by negligence the death of two ore more persons, -

shall be punished by imprisonment for a period up to ten years.

Article 391. Violation of the Rules for Driving or Operating Machinery

1. Violation of the rules for driving or operating a combat, special, or transport vehicles, which entailed by negligence the causation of severe or medium gravity damage to a person's health, -

shall be punished by detention under arrest for a period up to six months, or by detention in a disciplinary military unit 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 to engage in certain types of activity for a period up to three years, or without it.

2. The same act which entailed by negligence a person's death, -

shall be punished by imprisonment for a period from two to five years with deprivation of the right to hold certain positions or to engage in certain types of activity for a period up to three years, or without it.

3. The act, provided for by the first part of this Article, which entailed due to negligence death of two or more persons, -

shall be punished with deprivation of freedom for a period from five to ten days with deprivation of the right to hold certain positions or engage in certain activities for a period up to three years or without such.

Article 392. Violation of the Rules for Flights or Preparation for Them

Violation of the rules for flights or preparation for them, as well as violation of the rules for operating military aircraft or flying machines, which entailed grave consequences, -

shall be punished by imprisonment for a period from three to ten years with deprivation of the right to hold certain positions or to engage in certain types of activity for a period up to three years, or without it.

Article 393. Violation of the Rules for Navigation

Violation of the rules for navigation or operating military ships, which entailed by negligence a person's death or other grave consequences, -

President of the Republic of Kazakhstan

N. NAZARBAEV

* Errata from the Kazakhstan Pravda

In the text of the published Criminal Code of the Republic of Kazakhstan, a number of technical mistakes were made.

1. In part 3 of Article 10 the text «negligent acts for which» should be read «negligent act for the commission of which».

2. In Article 18 after the word «a person» a comma is missing.

3. In part 2 of Article 33 instead of the word «obviously» the word «obvious» should be used.

(the newspaper «Kazakhstanskaya Pravda», No. 170 of 24 July 1997).

4. In part 3 of Article 64 after the words «public order» a comma is used unnecessarily.

5. In paragraph a) of part 7 of Article 70 the word «conditional conviction ahead of time» should be read «conditional release ahead of time».

6. In part 1 of Article 78 the word «of crimes» should be read «of a given crime».

(the newspaper «Kazakhstanskaya Pravda», No. 171 of 25 July 1997).

7. In paragraph a) of part 2 of Article 113, after the word «a convict» a comma is used unnecessarily.

8. In disposition of part 1 of Article 132 after the words «narcotic substances or» a preposition «in» is missing. And in the end after the word «begging» a comma is used unnecessarily.

(the newspaper «Kazakhstanskaya Pravda», No. 172 of 26 July of 1997).

9. In disposition of part 2 of Article 145, after the words «eviction from housing» a comma is used unnecessarily.

10. In sanctions of Article 154 after the words «five months» a comma is used unnecessarily.

11. In sanctions of part 1 of Article 157 after the words «up to nine months» a comma is used unnecessarily.

12. In disposition of part 1 of Article 162 after the words «military actions» a comma is used unnecessarily. In sanctions of part 1 of this Article instead of the words «is punished» one should read «are punished». In sanctions of part 4 of this Article instead of the words «are punished» one should read «is punished».

13. In sanctions of part 1 of Article 170 after the words «up to ten months» a comma is used unnecessarily.

14. In sanctions of part 1 of Article 183 instead of the words «is punished» one should read «are punished».

15. In paragraph d) of part 2 of Article 187, after the word «enmity» a comma is used unnecessarily.

16. In sanctions of part 1 of Article 190 after the words «up to six months» a conjunction «or» is missing.

17. In disposition of part 1 of Article 193, after the word «activity» a comma is used unnecessarily.

18. In sanctions of part 2 of Article 196 after the words «seven months» a comma is used unnecessarily.

19. In disposition of part 1 of Article 200 after the words «such information» a comma is used unnecessarily. In sanctions of part 2 of the said Article, after the words «five months» a comma is missing.

(the newspaper «Kazakhstanskaya Pravda», No. 173 of 29 July 1997).

20. In disposition of part 1 of Article 229 after the words «for himself» and «or other persons» commas are missing. In sanctions of part 1 of the said Article the words «correctional labour» should be read as «by correctional labour».

21. In disposition of part 1 of Article 238 after the word «damaging» a comma is missing.

22. In disposition of part 4 of Article 252 after the word «projectile weapons» a comma is used unnecessarily.

23. In disposition of part 1 of Article 283 after the word «structures» a comma is used unnecessarily.

24. In sanctions of part 2 of Article 284 after the words «up to seven months» a comma is used unnecessarily.

25. In sanctions of part 2 of Article 287 after the words «seven months» a comma is used unnecessarily.

26. In sanctions of part 2 of Article 288 after the words «up to seven months» a comma is used unnecessarily.

27. In sanctions of part 1 of Article 291 after the words «up to two months» a comma is used unnecessarily. In sanctions of part 2 of the said Article after the words «up to five months» a comma is missing.

28. In disposition of part 1 of Article 294 after the words «a person's death» a comma is missing.

29. In disposition of part 2 of Article 307 after the word «responsible» a comma is used unnecessarily.

(the newspaper «Kazakhstanskaya Pravda», No. 174 of 30 July 1997).

30. In the name of Article 342 instead of the word «disrespect» one should read the word «contempt».

31. In disposition of part 2 of Article 351 after the words «for venal purposes» a comma is used unnecessarily.

32. In sanctions of part 3 of Article 369 after the words «up to twenty years» and «capital punishment» commas are used unnecessarily.

(the newspaper «Kazakhstanskaya Pravda», No. 175 of 31 July 1997).

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