Article 156. Planning, Preparation, Starting, or Waging an Aggressive War 11 страница
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, -
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 detention under arrest for a period up to three months, or by restriction of freedom for a period up to one year.
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, -
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, or by imprisonment for a period up to two years.
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, -
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 up to three years.
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, -
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 up to two years.
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, -
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 the same period.
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, -
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 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, -
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 up to two years.
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, -
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, or by imprisonment for the same period.
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, -
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 up to two years.
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.
|
