Article 156. Planning, Preparation, Starting, or Waging an Aggressive War 2 страница

 

2. The same act:

 

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

 

b) committed repeatedly;

 

c) which entailed demolition, damage, or destruction of objects or documents indicated in the first part of this Article, -

 

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

 

Article 181. Extortion

 

1. Extortion, that is a demand to transfer someone else's property or the right to property, or a demand to commit other acts concerning property under the threat of violence or destruction or damage of someone else's property, as well as under the threat of distribution of information denigrating a given victim or his relatives, -

 

shall be punished by restriction of 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 four years with a fine in an amount 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 three months, or without it.

 

2. Extortion committed:

 

a) with violence;

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

c) repeatedly,

 

shall be punished by imprisonment for a period from three to seven years with forfeiture of property, or without it.

 

3. Extortion committed:

 

a) by an organised group;

b) with the causation of severe damage to the health of a victim;

c) for the purpose of receiving property in a large volume;

d) by a person who was earlier convicted for stealing or extortion twice or more times, -

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

 

Article 182. Causation of Property Damage by Way of Fraud or Abuse of Trust

 

1. The causation of property damage to a proprietor or another owner of property by way of fraud or abuse of trust, in the absence of elements of stealing, -

 

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 correctional labour for a period up to one year, or by detention under arrest for a period up to four months.

 

2. The same act committed:

 

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

 

b) repeatedly;

 

c) with the use of an official position, -

 

shall be punished by a fine in an amount from four 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 four to eight months, or by imprisonment for a period up to three years with a fine in an amount 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 two months, or without it.

 

3. The acts stipulated by the first or second part of this Article, if they:

 

a) are committed by an organised group;

 

b) caused a considerable damage, -

 

shall be punished by imprisonment for a period from two to five years with forfeiture of property, or without it.

 

Article 183. Purchase or Sale of Property Obtained in a Criminal Way

 

1. Purchase or sale of property without a prior agreement, which is obtained in a criminal way, that fact being known to the convict, -

 

shall be punished by a fine in an amount from fifty to one hundred monthly 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 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 with confiscation of property or without the same.

 

2. The same act committed as follows:

 

a) with regard to an automobile or other property in a large amount;

 

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

 

c) by a person who was earlier convicted for stealing, extortion, or purchase or sale of property obtained in a criminal way, he being aware of that fact;

 

d) in relation to rare and endangered species of animals and plants, as well as animals hunting of which is completely prohibited, or products of them, -

 

shall be punished by restriction of freedom for a period up to three years, or by imprisonment for a period up to four years with a fine in an amount 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 two months, or without it, with confiscation of property or without the same.

 

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

 

shall be punished by imprisonment for a period from three to five years with forfeiture of property, or without it.

 

Article 184. Violation of Intellectual Property Rights

 

1. Illegal use of objects of copyright or related rights, as well as illegal use of an invention, useful model, or industrial sample, or the divulgation, without the consent of a given author or declarant, of the essence of a scientific discovery, invention, useful model, or industrial sample, prior to official publication of information concerning them, as well as illegal appropriation of authorship, or coercion to co-authorship, if these acts are committed for the purpose of obtaining profit, or if they inflicted considerable damage, -

 

shall be punished by a fine in an amount from one hundred up to five hundred monthly 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 restriction of freedom for a period up to two years.

 

2. Acts stipulated by the first part of this Article committed repeatedly, 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 eight hundred monthly assessment indices, or in an amount of wages or other income of a given convict for a period from five to nine months, or by detention under arrest for a period from four to six months, or by imprisonment for a period up to five years with forfeiture of property, or without it.

 

Article 185. Illegal Taking Possession of an Automobile or Other Transport Vehicle Without the Purpose of Stealing

 

1. Illegal seizure of an automobile or other transport vehicle without the purpose of stealing (high-jacking), -

 

shall be punished by a fine in an amount from five to two thousand monthly assessment indices or in an amount of wages or other income of a given convict for a period up to three months or 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,

 

shall be punished by restriction of liberty for the period of up to five years or by deprivation of liberty for the same period.

 

2. The same act committed as follows:

 

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

 

b) repeatedly;

 

c) with violence which was not dangerous for the life or health, or with a threat to apply such violence, -

 

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

 

3. Acts stipulated by the first or second part of this Article which are committed by an organised group, or which caused considerable damage, -

 

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

 

4. Acts stipulated by the first, second, or third part of this Article, which are committed with violence dangerous for the life or health, or with a threat to apply such violence, -

 

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

 

Article 186. Violation of Rights in Rem to Land

 

1. Illegal penetration of someone else's land plot, which entailed the causation of serious damage to the rights or legitimate interests of citizens or organisations, or legitimate interests of the society or the state, -

 

shall be punished by a fine in an amount 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.

 

2. The same act committed with violence or a threat to apply it, or committed by a group of persons, or accompanied by illegal search, as well as illegal seizure of someone else's land plot, -

 

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 two to four 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 committed by a person with the use of his official 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 income of a given convict for a period from five to eight months, or by deprivation of the right to hold certain positions or to engage in certain types of activity for a period from two to five years, or by detention under arrest for a period from four to six months, or by imprisonment for a period up to three years.

 

Article 186. A Violation of Property Rights of Land

 

1. An illegal penetration into an alien land plot resulted in the inflicting of considerable damage to rights and law protected interests of citizens or organisations or law protected interests of the society or the state committed with the application of violence or with a threat of its application by a group of persons or accompanied by an unlawful search, as well as an unlawful seizure of an alien land plot -

 

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 arrest for a period from two to four months, or by deprivation of liberty for the period of up to two years.

 

2. Actions stipulated by part one of this Article committed by a person with the use of his official position, -

 

shall be punished by a penalty in an amount from five hundred to eight hundred monthly assessment indices or in the amount of wages or another income of the convict for a period from five to eight months or by deprivation of the right to take certain positions or to be engaged in certain activity for a period from two to five years, or by arrest for a period from four to six months, or by deprivation of liberty for the period of up to three years.

 

Article 187. Deliberate Destruction or Causation of Damage to Someone Else's Property

 

1. Deliberate destruction or causation of damage to someone else's property, which inflicted a considerable harm, -

 

shall be punished by a fine in an amount from fifty to one hundred monthly 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 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, or by imprisonment for a period up to two years or by restriction of liberty for the same period.

 

2. The same acts committed as follows:

 

a) by way of arson, explosion, or other method dangerous for the public;

 

b) which entailed by negligence the causation of severe or medium gravity damage to health;

 

c) committed in relation to the execution by a victim of his service or public duty, or with regard to his close relatives under the same motives;

 

d) under the motives of social, national, racial, or religious enmity, -

 

shall be punished by correctional labour for a period up to two years, or by detention under arrest for a period from two to six months or be restriction of liberty for the same period, or by imprisonment for a period up to four years.

 

3. Acts stipulated by the first or second part of this Article which entailed the following:

 

a) the death of a person by negligence;

 

b) destruction or damage to monuments of history, culture, nature complexes, or objects protected by the state, as well as objects or documents having a special historical, scientific, artistic, or cultural value, -

 

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

 

Note. Considerable damage shall be understood to mean an amount of damage which exceeds by one hundred times a monthly calculation base.

 

Article 188. Negligent Destruction or Causation of Damage to Someone Else's Property

 

1. Destruction or the damaging of someone else's property committed by negligence, which caused considerable harm, -

 

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 engagement in public work for a period from one hundred to two hundred hours, or by correctional labour for a period up to one year, or by restriction of freedom for a period up to two years.

 

2. The same acts which are committed by way of negligent handling of fire, or other sources of great danger, or which entailed serious consequences, -

 

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

 

Chapter 7. Crimes in the Sphere of Economic Activity

 

Article 189. Creating Impediments to Legal Entrepreneurial Activity

 

Restriction of the rights and legitimate interests of an individual entrepreneur or a commercial organisation, depending upon its organisational-legal form or its form of ownership, as well as restriction of independence, or other illegal interference in the activity of an individual entrepreneur or a commercial organisation, if these acts are committed by an official with the use of his service position, as well as committed in violation of a judicial act which entered into force, or acts which caused considerable damage, -

 

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 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 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 two 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 two years.

 

Note. In articles of this chapter, considerable damage shall be understood to mean the damage caused to a citizen in an amount which exceeds by one hundred times a monthly calculation base, or the damage caused to an organisation or the state for 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 190. Illegal Entrepreneurship

 

1. The exercise of illegal entrepreneurial activity without registration or without a special permit (license), in cases in which such a permit (license) is obligatory, or in violation of terms of licensing, as well as engagement in prohibited types of entrepreneurial activity, if these acts caused a considerable damage to a citizen, organisation, or the state, or if these acts are combined with the receipt of profit in a large amount, or production, storage or marketing of excisable goods in material quantities, -

 

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 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 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, or without it.

 

2. The same acts:

 

a) committed by an organised group;

 

b) accompanied by extraction of profit in an especially large amount;

 

c) committed by a person who was earlier convicted for illegal entrepreneurship or illegal banking activity, -

 

shall be punished by a fine in an amount from seven hundred up to one thousand monthly assessment indices, or in 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 five years with forfeiture of property, or without it.

 

Note. 1. In Articles 190 and 191 of the present Code, profit in a large amount shall be understood to mean income an amount of which exceeds five hundred monthly assessment indices, and profit in an especially large amount shall be understood to mean income an amount of which exceeds two thousand monthly assessment indices.

 

2. Quantities of which the value exceeds one hundred of monthly assessment indices shall be recognised as material for the purposes of Article 190 of this Code.

 

Article 191. Illegal Banking Activity

 

1. The exercise of banking activity (banking transactions) without registration or without a special permit (license), in cases in which such a permit (license) is obligatory, or in violation of terms of licensing, if this act inflicted a considerable damage upon a citizen, organisation, or the state, or if this act is associated with the extraction of income in a large amount, -

 

shall be punished by a fine in an amount from five hundred up to eight hundred monthly assessment indices, or in an amount of wages or other income of a given convict for a period from five to eight months, or by imprisonment for a period up to three years with a fine in an amount up to fifty monthly assessment indices, or in an amount of wages or other income of a given convict for a period up to one month, or without it.

 

2. The same act:

 

a) committed by an organised group;

 

b) associated with the extraction of profit in an especially large amount;

 

c) committed by a person who was earlier convicted for illegal banking activity or illegal entrepreneurship, -

 

shall be punished by imprisonment for a period from two to six months with forfeiture of property, or without it.

 

Article 192. Fraudulent Entrepreneurship

 

Fraudulent entrepreneurship, that is creation of a commercial organisation without the intent to exercise entrepreneurial or banking activity, which has a purpose of receiving loans, exemption from taxes, extraction of other material profit, or concealing prohibited activity, if such entrepreneurship caused a considerable damage to a citizen, organisation, or the state, -

 

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 up to six months, or by imprisonment for a period up to three years with a fine in an amount of 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, or without it.

 

Article 193. Legalization of Monetary Funds or Other Property Obtained Illegally

 

1. The commission of financial operations and other transactions with monetary funds or other property obtained illegally, a given guilty party being aware of that fact, as well as the use of indicated funds or other property for the exercise of entrepreneurial or other economic activity, -

 

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 detention under arrest for a period up to six months, or by imprisonment for a period up to three years with a fine in an amount 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 two months, or without it.

 

2. The same acts committed:

 

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

 

b) repeatedly;

 

c) by a person with the use of his official position, -

 

shall be punished by imprisonment for a period from two to five years with forfeiture of property, or without it.

 

3. Acts specified in the first or in the second part of this Article committed as follows;

 

a) by a person authorised to perform state functions, or by a person equated to such person, where those functions are associated with the exercise of his office duties;

 

b) by an organised group;

 

c) by a criminal community (a criminal organisation) or in large amounts, -

 

shall be punished by deprivation of freedom for a period from three to seven years with deprivation of the right to hold certain positions or engage in certain types of activity for a period up to three years and in the cases specified by paragraph a), up to seven years with the confiscation of property or without such.

 

Note. 1. In this Article a large amount shall be understood to mean the commission of a transaction or the use of monetary funds or other property for an amount which exceeds ten thousand monthly assessment indices.

 

2. A person who voluntarily reported on legalization of funds or property acquired in an illegal manner, which is in preparation or has taken place, shall be released from criminal liability unless his acts contain a set of the criminal elements as provided for by the second and third part of this Article, or another crime.

 

Article 194. Illegal Receipt and Non-Designated Use of a Loan

 

1. The receipt by an individual entrepreneur or the head of an organisation of a loan, appropriations, or privilege terms of crediting, by way of providing, to a given bank or another creditor, false information on the economic status, financial situation, or pledged property of a given individual entrepreneur or organisation, or false information concerning other circumstances which have considerable importance for the receipt of a loan, appropriations, or privileged terms of crediting, as well as a failure to notify a given bank or another creditor about information concerning the emergence of circumstances which may entail the termination of crediting, granting appropriations, abolition of privileges, or restriction of the amount of a granted loan or appropriations, if these actions caused a considerable damage, -

 

shall be punished by a fine 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 years, or by detention under arrest for a period from four to six months, or by correctional labour for a period up to two years, or by imprisonment for the same period.

 

2. The use of a state targeted loan, or a loan issued against guarantees of the state, not according to direct designation, if this act caused a considerable damage to a citizen, organisation, or the state, -

 

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 four to six months, or by correctional labour for a period up to two years, or by imprisonment for the same period.

 

Article 195. Malicious Evasion from Repayment of Accounts Payable

 

Malicious evasion by the head of an organisation or by a citizen from repayment of accounts payable in a large amount after the entering into force of the relevant court's act, -

 

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 four to six months, or by correctional labour for a period up to two years, or by imprisonment for the same period.

 

Note. Accounts payable in a large amount shall be understood to mean indebtedness of a citizen in an amount which exceeds five hundred monthly assessment indices, and or an organisation - in an amount which exceeds two thousand five hundred monthly assessment indices.

 

Article 196. Monopolistic Actions and Restriction of Competitiveness

 

1. Establishing or maintaining of monopolistic high prices or monopolistic low prices, as well as restriction of competitiveness by way of division of the market, restriction of an access to the market, elimination from it of other entities of economic activity, or establishment or maintenance of fixed uniform prices, if these acts caused a considerable damage to a citizen, organisation, or the state, -

 

shall be punished by a fine in an amount from two hundred from 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 four to six months, or by correctional labour for a period up to two years, or restriction of freedom for a period up to two years, or by imprisonment for the same period.

 

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

 

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 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.