Article 156. Planning, Preparation, Starting, or Waging an Aggressive War 4 страница

 

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 restriction of freedom 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 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 without it, and 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 221. Evasion by a Citizen of Payment of a Tax

 

1. Evasion of a citizen from payment of tax or other obligatory payments to the state budget due to failure to submit a declaration of income in the cases where the submission of the declaration is obligatory or by way of inclusion into the declaration or other documents connected with the assessment or payment of taxes or other obligatory payments to the state budget of deliberately false information on income or expenditures or on the property which is subject to taxation, if that act entailed non-payment of tax or obligatory payments in a large amount, -

 

shall be punished with a fine in amount from two hundred up to one thousand monthly assessment indices or in the amount of the wages, or other income of a convict for the period from two to ten months or engagement into public works for a period from one hundred and eighty up to two hundred and forty hours, or correctional labour for a period up to two years, or arrest for a period up to four months, or deprivation of freedom for a period up to two years with a fine in amount up to two hundred monthly assessment indices or in amount of the wages or other income of a convict for a period up to two months or without such.

 

2. The same act committed by a person who was earlier convicted for evasion from payment of a tax, -

 

shall be punished by a fine in an amount from five hundred up to three 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 deprivation of freedom for a period up to three years, with a fine in an amount up to three hundred monthly assessment indices or in amount of the wage or other income of the sentenced person for a period up to three months or without such.

 

Note. Non-payment of taxes or other obligatory payments to the state budget by a citizen shall be recognised as that committed in a large amount, if the amount of unpaid tax or obligatory payments exceeds five hundred monthly assessment indices.

 

Article 222. Evasion of Payment of Taxes by Organisations

 

1. Evasion from payment of tax or other obligatory payments to the state budget by organisations, by way of non-submission of the declaration of aggregate annual income in the cases where the submission of the declaration is obligatory, or by way of inclusion into the declaration or the documents connected with the assessment and payment of taxes or other obligatory payments to the state budget of deliberately distorted information on income or costs, or by way of concealment of other taxable items or other obligatory payments, or actual location of the organisation, if this act entailed non-payment of tax or obligatory payments in large amount, -

 

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, or by detention under arrest for a period from four to six months, or by imprisonment for a period up to two three years with a fine in an amount up to three monthly assessment indices or in amount of the wage or other income of the sentenced person for a period up to three months or without such.

 

2. The same act committed repeatedly, -

 

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 five years with a fine in an amount from two hundred to five hundred monthly assessment indices or in amount of the wage or other income of the sentenced person for a period from two to five months or with confiscation of property or without such.

 

Note. Non-payment by an organisation of taxes or other obligatory payments to the state budget shall be recognised as that committed in a large amount, if the amount of unpaid tax or obligatory payments exceeds two thousand of monthly assessment indices.

 

 

Article 223. Deception of Consumers

 

1. False measurement, false weighing, overcharging, misleading with regard to consumer properties or the quality of goods (service), or other deception of consumers at stores or at other enterprises which sell goods or render services to the population, regardless of their form of ownership, or by citizens who are registered in the sphere of trade (services), if these actions are committed in a considerable amount, -

 

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 up to two years, or by detention under arrest for a period up to six months.

 

2. The same acts committed:

 

a) by a person who was earlier convicted for deception of consumers;

 

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

 

c) in a large amount, -

 

shall be punished 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.

 

Note. Deception shall be recognised as committed in considerable amount, if it caused damage to consumers in an amount exceeding one third of a monthly calculation base, and as committed in a large amount, if it caused damage to consumers in an amount not less that three monthly assessment indices.

 

Article 224. Receipt of Illegal Remuneration

 

1. Illegal receipt by an employee of a state body or a state-owned organisation who is not a person authorised to carry out state functions or a person equated to such person,as well as by an employee of a non-state organisation who does not exercise managerial functions, of material remuneration, privileges, or services of a material nature, for the performance of work or the rendering of a service which are within the range of his duties, if this act is accompanied by extortion, -

 

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 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 up to one hundred twenty 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 repeatedly or associated with the receipt of remuneration in a large amount, -

 

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, 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 with deprivation of the right to hold certain positions or to engage in certain types of activity for a period up to three years.

 

Note. Receipt of illegal remuneration shall be recognised as committed in a large amount, if an amount received by a given person or the value of services rendered to him, exceeds three hundred monthly assessment indices.

 

Article 225. Registration of Illegal Transactions Associated with the Use of Nature

 

Intentional registration of illegal transactions associated with the use of nature, as well as distortion of information concerning the state accounting and state cadastres of natural resources, as well as deliberate understatement of a payment for the use of natural resources, for pollution of the environment, protection and reproduction of natural resources, if these acts are committed, for venal purposes or other personal interests, by an official with the use of his service position, -

 

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.

 

Article 226. Coercion to the Commission of a Transaction or to a Refusal to Commit It

 

1. Coercion to the commission of a transaction or to a refusal to commit it under the threat of violence, destruction or damage to someone else's property, as well as distribution of information which may cause considerable damage to the rights and interests of a given victim or his relatives, in the absence of elements of distortion, -

 

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 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 without it.

 

2. The same act committed:

 

a) repeatedly;

 

b) with violence;

 

c) by an organised group, -

 

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

 

Article 227. Illegal Access to Computer Information, and the Creation, Use, and Distribution of Harmful Programmes for Computers

 

1. Illegal access to computer information which is protected by law, that is information on a storage medium, in a computer, computer system, or computer network, and equally violation of the rules for operation of a computer, computer system or their network by persons who have access to the computer, computer system or their network, if this action entailed destruction, blocking, modification, or the copying of information, or disruption of the work of a given computer, computer system, or computer network, -

 

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 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 imprisonment for the same period.

 

2. The same act committed by a group of persons upon a preliminary collusion, or by an organised group, or by a person with the use of his service 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 month, or by correctional labour for a period from one to two years, or by imprisonment for a period up to three years.

 

3. The creation of programmes for computers, or the introduction of amendments to existing programmes, which deliberately lead to unauthorised destruction, blocking, modification, or the copying of information, or disruption of the work of a given computer, computer system, or computer network, as well as the use or distribution of such programmes or storage media carrying such programmes, -

 

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 imprisonment for the same period.

 

4. Actions stipulated by the third part of this Article which entailed by negligence serious consequences, -

 

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

 

Chapter 8. Crimes Against the Interests of the Employer in Commercial and Other Organisations

 

Article 228. Abuse of Authority

 

The use by a person, who exercises managerial functions in a commercial or other organisation, of his authority against the legitimate interests of that organisation and for the purposes of deriving profit and advantages for himself or other persons or organisations, or for the purpose of inflicting damage upon other persons or organisations, if this entailed the causation of considerable damage to the rights and legitimate interests of the society 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 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 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.

 

Note. A person who permanently, temporarily or on the basis of a special authorisation exercises organisational, managerial or administrative and economic functions at an organisation which is not a state body, a local self-government or an organisation in which the share of the state is not less than thirty-five per cent, shall be recognised as a person exercising managerial functions at a commercial or another organisation in the Articles of this Code.

 

Article 229. Abuse of Powers by Private Notaries and Auditors

 

1. The use by a private notary or a private auditor of his authority contrary to the objectives of his activity, and for the purpose of deriving profit and advantages for himself or other persons or organisations, as well as for the purpose of inflicting damage upon other persons or organisations, if this act caused considerable damage to the 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 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 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 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 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. The same act committed with regard to an underage or a disabled person, the guilty party being aware of that fact, or committed repeatedly, -

 

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 detention under arrest for a period from four to six months, or by imprisonment for a period up to four 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 230. The Exceeding by Employees of Private Security Services of Their Authority

 

1. Exceeding of lawful authority by the head or an employee of a private security service, which is granted to him in accordance with a license, contrary to the objectives of his activity, if this act is committed with violence or a threat to apply it, -

 

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 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.

 

2. The same act committed with the use of arms or special means, or which caused serious consequences, -

 

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

 

Article 231. Bribe in a Commercial Context

 

1. Illegal transfer to a person, who exercises managerial functions in a commercial or other organisation, of money, securities, or other property, as well as illegal rendering to him of services of a material nature for the use by him of his official position in the interests of a person committing subornation, -

 

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

 

2. The same act 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 eight months, 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 four years.

 

3. Illegal receipt by a person, who exercises managerial functions in a commercial or other organisation, of money, securities, or other property, as well as the receipt by him of services of a material nature rendered for the use of his official position in the interests of a person carrying out subornation, -

 

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 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 four to six months, or by imprisonment for a period up to three years.

 

4. Acts stipulated by the third part of this Article, if they:

 

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

 

b) are committed repeatedly;

 

c) are accompanied by extortion, -

 

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 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 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.

 

Note. 1. A person who committed acts stipulated by the first or second part of this Article, shall be exempt from criminal liability, if there was extortion (took place) with regard to him, or if that person voluntarily informed about a bribe the body which has the right to institute a criminal case.

 

2. A transfer or receipt of property, rendering of services of property nature or use of such services as a gift or remuneration, provided there is no prior collusion for prior committed legitimate acts, if the value of the property or services does not exceed two monthly assessment indices, shall not be recognised as a crime by virtue of insignificance and it shall be prosecuted through the disciplinary or administrative procedure.

 

Article 232. Dishonest Attitude Towards Obligations

 

Non-execution or improper execution by a person, who exercises managerial functions in a commercial or other organisation, of his duties as a result of a dishonest or negligent attitude towards his service, if this entailed the death of a person or other serious consequences, -

 

shall be punished by restriction of freedom for a period up to five years, or by imprisonment for a period 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 three years, or without it.

 

Chapter 9. Crimes Against Public Safety and Public Order

 

Article 233. Terrorism

 

1. The commission of an explosion, arson, or other actions which create a danger of people's death, causation of considerable material damage, or the emergence of other consequences dangerous for the public, if these actions are committed for the purposes of disruption of public safety, intimidating the population, or exercising coercion upon the adoption of decisions by state bodies of the Republic of Kazakhstan, by foreign states or international organisation, as well as a threat of commission of such actions for the same purposes, -

 

shall be punished by deprivation of freedom for a period from four to ten years.

 

2. The same acts committed:

 

a) repeatedly;

 

b) with the use of fire arms, -

 

shall be punished by deprivation of freedom for a period from seven to twelve years.

 

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

 

a) are accompanied with the use of, or a threat to use weapons of mass destruction, radioactive materials and the commission of, or a threat of commission of mass poisoning, spread of epidemics or epizootics, and equally other actions which may entail mass destruction of people;

 

b) entailed by negligence the death of a person or other serious consequences, -

 

shall be punished by deprivation of freedom for a period from ten to fifteen years.

 

4. An attempt upon the life of an individual committed for the purposes of violation of public security, intimidation of the population or coercion with the adoption of decisions by state authorities of the Republic of Kazakhstan, foreign state or international organisation, and also an attempt upon the life of a state or public activist, committed for the same purposes, as well as for the purposes of the termination of his state or other political activity or out of revenge for such activity, -

 

shall be published by deprivation of freedom for a period from fifteen to twenty years of by capital punishment, or life deprivation of freedom.

 

Note. A person who participated in the preparation of an act of terrorism, shall be exempt from criminal liability, if he, by a timely warning of the state bodies, or by other method, contributed to the prevention of the commission of an act of terrorism and unless actions of that person contain corpus delicti of another crime.

 

Article 233-1. Promotion of Terrorism or Public Appeals for Commission of An Act of Terrorism

 

1. Promotion of terrorism or public appeals for commission of an act of terrorism, and equally distribution of materials of said contents -

 

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

 

2. The same acts committed by a person with the use of his service position or by a head of a public association or with the use of mass media, -

 

shall be punished by deprivation of freedom for a period from three to eight years.

 

Article 233-2. Formation, Leadership of a Terrorist Group and Participation in Its Activity

 

1. Formation of a group for the commission of crimes which pursue terrorist objectives (a terrorist group) and also leadership of it -

 

shall be published by deprivation of freedom for a period from eight to fifteen years with confiscation of property or without such.

 

2. Participation in activities of a terrorist group or in acts of terrorism committed by it -

 

shall be punished by deprivation of freedom for a period from six to twelve years with confiscation of property or without such.

 

3. Acts specified in the first or second parts of this Article, committed by a person with the use of his service position or by the head of a public association, - shall be punished by deprivation of freedom for a period from ten to fifteen years with confiscation of property or without such.

 

Article 234. Seizure of a Hostage

 

1. Seizure or detention of a person as a hostage, committed for the purposes of coercing the state, an organisation, or a citizen, to commit certain actions, or to not commit a certain action, as a condition of that hostage's release, -

 

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

 

2. The same act committed:

 

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

 

b) repeatedly;

 

c) with the use of violence which is dangerous for life or health;

 

d) with the use of weapons or objects used as weapons;

 

e) with regard to an underage person, a guilty party being aware of that;

 

f) with regard to a pregnant woman, a guilty party being aware of that fact;

 

g) with regard to a person in a helpless state, a guilty party being aware of that fact;

 

h) with regard to two or more persons;

 

i) for venal purposes or for hire, -

 

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

 

3. Acts stipulated by the first or second part of this Article, if they are committed by an organised group, or entailed by negligence the death of a person or other serious consequences, -

 

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

 

Note. A person, who voluntarily or by demand of the state administrative authorities, released a hostage, shall be exempt from criminal liability, unless his actions contain elements of another crime.

 

Article 235. The Creation and Guidance of an Organised Criminal Group or Criminal Association (Criminal Organisation), and Participation in a Criminal Association

 

1. The creation of an organised criminal group, as well as the leadership of it, -

 

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

 

2. The creation of a criminal association (criminal organisation) for the commission of grave or especially grave crimes, as well as the leadership of such an association (organisation), or of its structural subdivisions, as well as the creation of an association of organisers, heads, or other representatives of organised criminal groups for the purposes of development of plans and conditions for the commission of grave or especially grave crimes, -

 

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