Article 156. Planning, Preparation, Starting, or Waging an Aggressive War 1 страница

 

1. Planning, preparation, or starting an aggressive war, - shall be punished by imprisonment for a period from seven to twelve years.

 

2. Conducting an aggressive war shall be punished by imprisonment for a period from ten up to twenty years, or by capital punishment, or by life-time imprisonment.

 

Article 157. Propaganda and Public Calls for Unleashing an Aggressive War

 

1. Propaganda and public exhortations to unleash an aggressive war, - shall be punished by a fine in an amount up to three thousand monthly assessment indices, or in an amount of wages of other income of a given convict for a period from three to nine months, or by imprisonment for a period up to three years.

 

2. The same acts committed with the use of the mass information media, or by an official holding a responsible position, - shall be punished by a fine in an amount up to five thousand monthly assessment indices, or in an amount of wages of other income of a given convict for a period from six months up to one year, 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.

 

Article 158. Production or Distribution of Weapons of Mass Destruction

 

Production, purchase, or sale of chemical, biological, as well other types of weapons of mass destruction, prohibited by an international treaty of the Republic of Kazakhstan, - shall be punished by imprisonment for a period from five to ten years.

 

Article 159. Application of Prohibited Means and Methods of Conducting a War

 

1. Brutal treatment of prisoners of war, or the civil population, deportation of the civil population, looting of national property on occupied territories, application in a military conflict of means and methods prohibited by an international treaties of the Republic of Kazakhstan, - shall be punished by imprisonment for a period up to twelve years.

 

2. The use of weapons of mass destruction prohibited by an international treaty of the Republic of Kazakhstan, - shall be punished by imprisonment for a period from ten to twenty years, or by capital punishment or life-time imprisonment.

 

Article 160. Genocide

 

Genocide, that is deliberate acts aimed at complete or partial destruction of a national, ethnic, racial, or religious group by murdering members of such a group, the causation of severe damage to their health, forcible prohibition of the birth of children, forcible transfer of children, forcible migration or the creation of other conditions of life which lead to destruction of members of a given group, - shall be punished by imprisonment for a period from ten to twenty years, or by capital punishment or life-time imprisonment.

 

Article 161. Ecocide

 

Mass destruction of flora or fauna, poisoning the atmosphere, land or water resources, as well as the commission of other acts which caused or a capable of causation of an ecological catastrophe, - shall be punished by imprisonment for a period from ten to fifteen years.

 

Article 162. Employment of Mercenaries

 

1. Enlistment, training, financing, or other material support of a mercenary, as well as the use of him in a military conflict or military actions, - shall be punished by imprisonment for a period from four to eight years.

 

2. The same acts committed by a person with the use of his official position or with regard to an underage person, - shall be punished by imprisonment for a period from seven to fifteen years with forfeiture of property, or without it.

 

3. Participation of a mercenary in a military conflict or military actions, - shall be punished by imprisonment for a period from three to seven years.

 

4. The act stipulated by the third part of this Article which entailed the death of people or other grave consequences, - shall be punished by imprisonment for a period from ten to twenty years with forfeiture of property, or life-time imprisonment with forfeiture of property.

 

Note. A person shall be recognised as a mercenary, who acts for the purposes of receiving material remuneration or other personal benefit, and who is not a citizen of the state participating in a military conflict, who does not permanently reside on the its territory, and who is not sent by other state for the execution of his official obligations.

 

Article 163. Assault on Persons or Organisations Enjoying International Protection

 

1. Assault on a representative of a foreign state or an employee of an international organization who enjoys international protection, or his family members residing together with him, as well as on service or residential premises or transport vehicles of persons who enjoy international protection, as well as abduction or forcible deprivation of freedom of those persons, if these acts are committed for the purpose of provoking a war or complicating international relations, - shall be punished by imprisonment for a period from three to eight years with forfeiture of property, or without it.

 

2. The same acts committed repeatedly, or with the use of weapons, or upon a preliminary collusion by a group of persons, or associated with the causation of severe damage to health, or acts which entailed by negligence the death of a person, - shall be punished by imprisonment for a period from ten to fifteen years with forfeiture of property, or without it.

 

Article 164. Incitement of Social, National, Tribal, Racial, or Religious Enmity

 

1. Deliberate actions aimed at the incitement of social, national, tribal, racial, or religious enmity or antagonism, or at offense to the national honor and dignity, or religious feelings of citizens, as well as propaganda of exclusiveness, superiority, or inferiority of citizens based on their attitude towards religion, or their genetic or racial belonging, if these acts are committed publicly or with the use of the mass information media, -

 

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 detention under arrest for a period up to six months, or by correctional labour for a period up to two years or deprivation of freedom for period up to five years.

 

2. The same acts committed by a group of persons or committed repeatedly, or combined with violence or a threat to apply it, as well as committed by a person with the use of his official position, or by the head of a public association, - shall be punished by a fine in an amount from five hundred 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 restriction of freedom for a period up to four years, or by imprisonment for a period from two to six 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 acts stipulated by the first and second parts of this Article which entailed serious 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.

 

Chapter 5. Crimes Against the Basis of the Constitutional Order and the Safety of the State

 

Article 165. High Treason

 

High treason, that is a deliberate act committed by a citizen of the Republic of Kazakhstan for a purpose of disruption or weakening the external safety and sovereignty of the Republic of Kazakhstan, which was expressed in the taking of the enemy side during a war or a military conflict, as well as in espionage, divulgation of state secrets, or other rendering of assistance to a foreign state, foreign organisations, or their representatives in the conducting hostile activity against the Republic of Kazakhstan, - shall be punished by imprisonment for a period from ten to fifteen years with forfeiture of property or without it, and, during a war or in a military situation under aggravating circumstances, by imprisonment for a period up to twenty years, or by capital punishment with forfeiture of property, or without it, or by life-time imprisonment with forfeiture of property, or without it.

 

Note. A person having committed crimes stipulated by this Article, as well as by Articles 166 and 168 of the present Code, shall be exempt from criminal liability, if he, by voluntary and timely communication to the state bodies, or by another method contributed to the prevention of the emergence of damage to the interests of the Republic of Kazakhstan, and if his acts do not contain elements of another crime.

 

Article 166. Espionage

 

Transfer of information, as well as its collection, theft, or storage for the purpose of transfer to a foreign state, foreign organisation, or their representatives, which constitutes, state secrets, as well as transfer or collection of other information, upon an assignment from a foreign intelligence service, for its use to the detriment of the external safety of sovereignty of the Republic of Kazakhstan, if theses acts are committed by a foreign citizen or a stateless person, - shall be punished by imprisonment for a period from ten to fifteen years with forfeiture of property, or without it.

 

Article 167. Attempt Upon the Life of the President of the Republic of Kazakhstan

 

An attempt upon the life of the President of the Republic of Kazakhstan, committed for the purposes of termination of his state activity or out of revenge for such activity, - shall be punished by deprivation of freedom for a period from fifteen to twenty years, or by capital punishment or life-time deprivation of freedom.

 

Article 168. Forcible Seizure of Power or Forcible Retention of Power

 

Actions aimed at forcible seizure of power or forcible retention of power in violation of the Constitution of the Republic of Kazakhstan, as well as actions aimed at the forcible changing of the constitutional order of the Republic of Kazakhstan, shall be punished by imprisonment for a period from ten to fifteen years.

 

Article 168. A Forcible Seizure of Power or Forcible Keeping of Power or Performance by Representatives of a Foreign State or a Foreign Organisation of Powers Being in the Competence of Authorised Bodies and Officials of the Republic of Kazakhstan

 

1. Actions directed to a forcible seizure of power or forcible keeping of power in violation of the Constitution of the Republic of Kazakhstan, as well as directed to a forcible change of the constitutional order of the Republic of Kazakhstan, - shall be punished by deprivation of liberty for a period from ten to fifteen years.

 

2. The performance by representatives of a foreign state or a foreign organisation of powers being in the competence of authorised bodies and officials of the Republic of Kazakhstan, - shall be punished by a penalty in an amount from one to five thousand monthly assessment indices or in the amount of wages or another income of the convict for a period from ten months to one year or by deprivation of liberty for the period of up to seven years.

 

Article 169. Armed Insurrection

 

The organisation of an armed insurrection or active participation in it for the purposes of overthrowing or forcible changing the constitutional order of the Republic of Kazakhstan, or disruption of the territorial integrity of the Republic of Kazakhstan, - shall be punished by imprisonment for a period from ten to fifteen years.

 

Article 170. Exhortations for the Forcible Overthrow or Changing of the Constitutional Order, or Forcible Disruption of the Territorial Integrity of the Republic of Kazakhstan

 

1. Public exhortations for the forcible seizure of power, forcible retention of power, disruption of the safety of the state, or forcible changing of the constitutional order, as well as forcible disruption of the integrity of the Republic of Kazakhstan and the unity of its territory, as well as distribution of materials with such content for those purposes, - shall be punished by a fine in an amount from three 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 three to ten months, or by imprisonment for a period up to five years.

 

2. The same acts committed with the use of the mass information media, or committed by an organised group, as well as by a person who was earlier convicted under this Article, - shall be punished by a fine in an amount from one to five thousand monthly assessment indices, or in an amount of wages or other income of a given convict for a period from ten months to one year, or by imprisonment for a period from three to seven years.

 

Article 171. Sabotage

 

The commission, for the purpose of disruption of the safety and defensive potentialities of the Republic of Kazakhstan, of an explosion, arson, or of other actions, which are aimed at mass destruction of people, the causation of damage to their health, or destruction or the causation of damage to enterprises, installations, ways and means of communication and communication services, or life-maintenance facilities for the population, as well as the commission for the same purposes of mass poisoning or the spreading of epidemics and epizootics, - shall be punished by imprisonment for a period from ten to twenty years, or by capital punishment, or by life-time imprisonment with forfeiture of property, or without it.

 

Article 172. Illegal Obtaining, Divulging of State Secrets

 

1. Collection of information constituting state secrets, by way of stealing documents, subornation, or threat with regard to the persons who possess state secrets or their relatives, interception in means of communication, illegal penetration into computer systems or networks, use of special-purpose technical facilities, and equally by any other illegal method, when there are no indications of high treason or espionage - shall be punished with arrest for a period from four up to six months or deprivation of freedom for a period up to five years with deprivation of the right to hold certain positions or engage in certain activities or without such.

 

2. Disclosure of information constituting a state secret by a person to whom it was entrusted or became known through service or work, provided there are no indications of high treason - shall be punished with arrest for a period from three to six months or deprivation of freedom for a period up to three years with deprivation of the right to hold certain positions or engage in certain activities for a period up to three years or without such.

 

3. Disclosure of information constituting a service secret by a person to whom it was entrusted or became known by duty or employment, where there is no sign of high treason, if it entailed grave consequences, -

shall entail a fine in an amount of two hundred of monthly assessment indices or in the amount of the wage or other income of the sentenced person for a period from two to five months, or arrest for a period up to four months, or deprivation of freedom for a period up to two years with deprivation of the right to hold certain positions or engage in certain activities for a period up to two years or without such.

 

4. Acts specified in the first and second parts of this Article, unless they caused grave consequences, -

shall be punished with 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 three years.

 

Article 173. Loss of Documents, Items Containing State Secrets

 

1. Loss of documents containing state secrets and equally of items of which the information constitutes the state secret by a person to whom they were entrusted by duty or employment if the loss was a result of violation of the established rules of handling said documents or items and entailed grave consequences, -

shall be punished with a fine in an amount up to one thousand monthly assessment indices or in an amount of a wage or other income of the sentenced person for a period up to nine months, or correction work for a period from three to six months, or deprivation of freedom for a period up to four years with deprivation of the right to hold certain positions or engage in certain activities for a period up to three years.

 

2. Loss of documents containing service secret, and equally of items the information of which constitute a service secret, by a person to whom they were entrusted by duty or employment, where the loss is a result of violation of established rules for handling said documents or items and entailed grave consequences, -

shall be punished with a fine in an amount up to two hundred monthly assessment indices or in an amount of the wage or other income of the sentenced person for a period up to two months, or correction work for a period up to one month, or arrest for a period up to two 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.

 

Article 174. Evasion of the Draft upon Mobilization

 

1. Evasion of the draft to military service upon mobilization to the Armed Forces, or other troops and military formations of the Republic of Kazakhstan, - shall be punished by imprisonment for a period from five to ten years.

 

2. The same, as well as evasion of further drafts for complectation the Armed Forces of the Republic of Kazakhstan, committed during war time, - shall be punished with deprivation of freedom for a period from five to ten years.

 

Chapter 6. Crimes Against Property

 

Article 175. Theft

 

1. Theft, that is the furtive stealing of someone else's property, -

 

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 eight up to two hundred forty hours, or by correctional labour for a period up to two years or by restriction of liberty for the period of up to three years, or by detention under arrest for a period up to six months, or by imprisonment for a period up to three years.

 

2. Theft committed as follows:

 

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

 

b) repeatedly;

 

c) with illegal penetration into a residential, service, or production premises, or storage facilities, -

 

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

 

3. Theft committed as follows:

 

a) by an organised group;

 

b) in a large volume;

 

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

 

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

 

Notes.

 

1. Stealing as mentioned in articles of the present Code shall be understood as illegal withdrawal and (or) transfer of someone else's property to the benefit of a given convict or other persons, which are committed for venal purposes and which caused damage to a given proprietor or another owner of that property.

 

2. In articles of this chapter, large volume or considerable damage shall be understood to mean a value of property or amount of damage which exceeds by five hundred times a monthly calculation base established by legislation of the Republic of Kazakhstan at the moment of the commission of a given crime.

 

3. In Articles 175-181 of the present Code, the commission of a crime shall be recognised as repeated, it was preceded by the commission of one or more crimes stipulated by those Articles, as well as by Articles 248, 255, and 260 of the present Code.

 

4. In articles of this chapter, as well as in other articles of the present Code, a person shall be recognised as earlier convicted for stealing or extortion, who has conviction for one or several crimes stipulated by Articles 175-180, 248, 255, and 260 of the present Code.

 

5. Petty larceny of somebody else's property owned in accordance with the right of ownership by an organisation or which is in its authority, committed by way of theft, fraud, misappropriation or embezzlement shall not entail criminal liability. The person guilty of committing it shall be held responsible in accordance with the administrative procedure on accordance with the law. Theft shall be recognised as petty larceny if the value of stolen property does not exceed ten times amount of the monthly assessment index as established by the legislation of the Republic of Kazakhstan at the moment of commission of the act.

 

Article 176. Expropriation or Embezzlement of Trusted Property

 

1. Expropriation or embezzlement, that is stealing of someone else's property trusted to a given convict, -

 

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 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 acts committed as follows:

 

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 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 restriction of freedom for a period up to four years, or by imprisonment for a period from two to five years with forfeiture of property or without it 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. The acts stipulated by the first and second parts of this Article, if they are committed as follows:

 

a) by an organised group;

 

b) in a large volume;

 

c) by a person who was earlier convicted twice or more for stealing or extortion;

 

d) by a person authorised to carry out state functions, or by a person equated to such, where those functions are associated with the exercise of his office functions, -

 

shall be punished by imprisonment for a period from five to ten years with forfeiture of property 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, and in the cases specified by paragraph d), up to seven years.

 

Article 177. Fraud

 

1. Fraud, that is stealing of someone else's property, or acquisition of the right to someone else's property by way of fraud or abuse of trust, -

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 two year, or by detention under arrest for a period up to six months, or by restriction of freedom for a period up to three years, or by imprisonment for the same period.

 

2. Fraud committed as follows:

 

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 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 five months up to one year, or by restriction of freedom for a period up to four years, or by imprisonment for a period from two to five years with forfeiture of property, or without it.

 

3. Fraud committed as follows:

 

a) by an organised group;

 

b) in a large volume;

 

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

 

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

 

Article 178. Robbery

 

1. Robbery, that is open stealing of someone else's property, -

 

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.

 

2. Robbery committed as follows:

 

a) with violence which is not dangerous for the life or health of a victim, or with a threat to apply such violence;

 

b) repeatedly;

 

c) with illegal penetration into residential, service, or production premises or storage facilities, -

 

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

 

3. Robbery committed as follows:

 

a) by an organised group;

 

b) in a large amount;

 

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

 

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

 

Article 179. Brigandage

 

1. Brigandage, that is assault for the purpose of stealing of someone else's property combined with violence dangerous for the life or health of a person who was exposed to an assault, or with a threat to directly apply such violence, -

 

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

 

2. Brigandage committed as follows:

 

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

 

b) repeatedly;

 

c) with illegal penetration into residential, service, or production premises or a warehouse;

 

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

 

e) with causing grave harm to health -

 

shall be punished with deprivation of freedom for a period from five to twelve years with confiscation of property.

 

3. Brigandage committed:

 

a) by an organised group;

 

b) with the causation of severe damage to health that entailed death of the victim due to negligence;

 

c) for the purpose of stealing of 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 eight to fifteen years with forfeiture of property.

 

Article 180. Stealing of Objects Having a Special Value

 

1. Stealing of objects or documents which have a special historical, scientific, artistic, or cultural value, regardless of the method of stealing, -

 

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