of April 25, 2017 No. 43
About introduction of amendments to the order of the Attorney-General of the Republic of Kazakhstan of July 14, 2016 No. 125 "About approval of the report of form No. 3-K "About the corruption crimes, persons which made them, condemned movement of criminal cases about corruption crimes and about subjects of corruption offenses" and Instructions for its forming"
I ORDER:
1. Bring in the order of the Attorney-General of the Republic of Kazakhstan of July 14, 2016 No. 125 "About approval of the report of form No. 3-K "About the corruption crimes, persons which made them, condemned movement of criminal cases about corruption crimes and about subjects of corruption offenses" and Instructions for its forming" (it is registered in the Register of state registration of regulatory legal acts for No. 14126, published in information system of law of Ad_let on September 1, 2016) the following changes:
the report of form No. 3-K "About the corruption crimes, persons which made them, condemned, movement of criminal cases about corruption crimes and about subjects of corruption offenses", approved by the specified order to state in edition according to appendix to this order;
in the Instruction for report generation of form No. 3-K "About the corruption crimes, persons which made them, condemned, movement of criminal cases about corruption crimes and about subjects of corruption offenses", approved by the specified order:
state Item 7 in the following edition:
"7. Section 2 contains data on crimes according to which pre-judicial investigation concerning persons authorized on accomplishment of the state functions, and persons equated to them is begun.
In line 1 the total quantity of corruption crimes is reflected, from them in lines 2-5 corruption crimes are specified with breakdown on weight of crime, in line 6 - revealed at the initiative of the most state body.
From line 1 in lines 7-27 of the Section the crimes carried to corruption according to the Criminal Code of Kazakhstan are specified.
In this line crimes, criminal cases on which are stopped on Items 1), 2), 5), 6), 7), 8) of part 1 of article 35 Code of Criminal Procedure RK and transferred on competence with removal from accounting, are not considered.
In line 28 crimes on which are dismissed cases on the bases provided by Items 1), 2), 5), 6), 7), 8) of part 1 of article 35 Code of Criminal Procedure RK are reflected.
In line 29 the crimes requalified on the articles of the Criminal Code of RK which are not entering the list of corruption are reflected.
Data on quantity of corruption crimes concerning persons on whom pre-judicial investigation is begun are considered in the accounting period once that is if concerning person the proceeding decision in the previous accounting period is passed, then in the subsequent accounting period such person is not considered.".
2. To provide to committee on legal statistics and special accounting of the Prosecutor General's Office of the Republic of Kazakhstan (further - Committee):
1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;
2) within ten calendar days from the date of state registration of this order the direction it the copy in the Republican state company on the right of economic maintaining "The republican center of legal information" of the Ministry of Justice of the Republic of Kazakhstan in paper and electronic type for placement in Reference control bank of regulatory legal acts of the Republic of Kazakhstan;
3) placement of the copy of this order on official Internet resource of the Prosecutor General's Office of the Republic of Kazakhstan;
4) the direction of the copy of this order to the interested subjects of legal statistics and special accounting, and also to territorial administrations of Committee for execution.
3. To impose control of execution of this order on the Chairman of Committee.
4. This order becomes effective after ten calendar days after day of its first official publication.
Attorney-General of the Republic of Kazakhstan
Zh. Asanov
Appendix
to the Order of the Attorney-General of the Republic of Kazakhstan on April 25, 2017 No. 43
Appendix 1
to the Order of the Attorney-General of the Republic of Kazakhstan on July 14, 2016 No. 1
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Name |
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Quantity of corruption crimes on which criminal delanakhoditsya in production in otchetnomperioda |
Quantity of the corruption crimes registered in ERDR in the accounting period |
Quantity of corruption crimes on which criminal cases are ended by investigation |
from column 3 |
Quantity of corruption crimes on which criminal cases are stopped on Items 1), 2), 5), 6), 7), 8) of part 1 of article 35UPK RK |
Quantity of corruption crimes on which terms of pre-judicial investigation are interrupted |
Quantity of corruption crimes on which terms of pre-judicial production are interrupted according to the item 4) with the p. 7 of Art. 45 of the Code of Criminal Procedure |
Quantity of corruption crimes of last years on which terms of pre-judicial production are interrupted according to the item 4) with the p. 7 of Art. 45 of the Code of Criminal Procedure |
On the criminal cases ended by investigation |
Quantity of corruption crimes more than 2 months were connected to the case on which from the moment of registration, and information on prolongation of term did not arrive |
Quantity of corruption crimes, criminal cases on which are directed on competence with removal from accounting, | ||||||||||
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The number of the criminal cases taken to court |
Quantity of corruption crimes on which criminal cases are stopped on Items 3), 4), 9), 10), 11), 12) of part 1 of Article 35 and article 36 Code of Criminal Procedure RK | |||||||||||||||||||||
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in total |
according to the item 1) p. 7 of Art. 45UPK |
according to the item 2) p. 7 of Art. 45UPK |
according to the item 3) p. 7 of Art. 45UPK |
according to the item 5) p. 7 of Art. 45UPK |
according to the item 6) p. 7 of Art. 45UPK |
according to the item 7) p. 7 of Art. 45UPK |
The established extent of material harm (one thousand tenges) |
It is seized property (one thousand tenges) |
It is withdrawn and voluntarily extinguished (one thousand tenges) | |||||||||||||
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1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
9 |
10 |
11 |
12 |
13 |
14 |
15 |
16 |
17 |
18 |
19 |
20 | ||
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In total corruption crimes |
1 |
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from them: |
small weight |
2 |
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average weight |
3 |
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heavy |
4 |
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especially heavy |
5 |
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from line 1 |
Assignment or waste of entrusted alien property (item 2) p. 3 of Art. 189 of the Criminal Code of Kazakhstan) |
6 |
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Fraud (item 2) p. 3 of Art. 190 of the Criminal Code of Kazakhstan) |
7 |
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Pseudo-entrepreneurship (item 3) p. 2 of Art. 215 of the Criminal Code of Kazakhstan) |
8 |
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Making of actions according to the statement of the invoice without the actual performance of works, rendering services, shipment of goods (the item 4) the p. 2 of Art. 216 of the Criminal Code of Kazakhstan) |
9 |
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Creation and management of financial (investment) pyramid (item 3) p. 3 of Art. 217 of the Criminal Code of Kazakhstan) |
10 |
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Legalization (washing) of the money and (or) other property received in the criminal way (the item 1) the p. 3 of Art. 218UK of RK) |
11 |
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Economic smuggling (item 1) p. 3 of Art. 234 of the Criminal Code of Kazakhstan) |
12 |
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Raiding (item 2) p. 3 of Art. 249 of the Criminal Code of Kazakhstan) |
13 |
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Organization of illegal gaming (item 3) p. 3 of Art. 307 of the Criminal Code of Kazakhstan) |
14 |
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Abuse of ex-officio full powers (Art. 361UK of RK) |
15 |
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Exceeding of the power or ex-officio full powers (item 3) p. 4 of Art. 362 of the Criminal Code of Kazakhstan) |
16 |
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Illegal participation in business activity (Art. 364UK of RK) |
17 |
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Hindrance of legal business activity (Art. 365UK of RK) |
18 |
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Taking of a bribe (Art. 366 of the Criminal Code of Kazakhstan) |
19 |
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