LAW OF THE REPUBLIC OF KAZAKHSTAN

of July 12, 2018 No. 180-VI ZRK

About modification and amendments in some legal acts of the Republic of Kazakhstan concerning enhancement of the penal, criminal procedure legislation and activities of law enforcement and special state bodies

Article 1. Make changes and additions to the following legal acts of the Republic of Kazakhstan:

1. In the Criminal Code of Kazakhstan of July 3, 2014 (The sheet of Parliament of the Republic of Kazakhstan, 2014, No. 13-I, 13-II, Art. 83; No. 21, Art. 122; 2015, No. 16, Art. 79; No. 21-III, Art. 137; No. 22-I, Art. 140; No. 22-III, Art. 149; No. 22-V, Art. 156; No. 22-VI, Art. 159; 2016, No. 7-II, Art. 55; No. 8-II, Art. 67; No. 12, Art. 87; No. 23, Art. 118; No. 24, Art. 126; 2017, No. 8, Art. 16; No. 9, Art. 21; No. 14, Art. 50; No. 16, Art. 56; No. 22-III, Art. 109; No. 23-III, Art. 111; No. 24, Art. 115; 2018, No. 1, Art. 2):

1) in Article 3:

2) and 3) to state Items in the following edition:

"2) significant damage and the considerable size - in Articles: 198 and 199 - the extent of damage or value of the rights on use of intellectual property items or cost of copies of objects of copyright and (or) the related rights or goods containing inventions, useful models, industrial designs, selection achievements or topology of integral chips by two hundred times exceeding monthly settlement indicator; 202 - damage on the amount by two hundred times exceeding monthly settlement indicator; 214 - goods quantity which cost exceeds two thousand monthly settlement indicators; 233 - the damage caused on the amount in one thousand times exceeding monthly settlement indicator; 325, 326, 328, 335, 337 and 342 - value term of the costs necessary for recovery of the environment and consumer properties of natural resources, in the amount of, exceeding hundred monthly settlement indicators; in other Articles - the extent of damage on the amount by two hundred times exceeding monthly settlement indicator; 366 and 367 - amount of money, cost of securities, other property or benefit of property nature from fifty to three thousand monthly settlement indicators;

3) especially major damage and especially large size - in Articles: 188, 191 and 192 - the property value or the extent of damage in two thousand times exceeding monthly settlement indicator; 189, 190, 194, 197, 202 and 204 - the property value or the extent of damage in four thousand times exceeding monthly settlement indicator; 214 - the income which amount exceeds twenty thousand monthly settlement indicators; 216 - the damage caused to the citizen on the amount in five thousand times exceeding monthly settlement indicator, or the damage caused to the organization or the state on the amount exceeding fifty thousand monthly settlement indicators; 217 - the income which amount exceeds five thousand monthly settlement indicators; 229, 230 - damage on the amount in twenty thousand times exceeding monthly settlement indicator; 234 - the cost of the moved goods exceeding twenty thousand monthly settlement indicators; 245 - the amount of not come payments the budget exceeding fifty thousand monthly settlement indicators; 253 - the amount of money, cost of securities, other property or benefit of property nature exceeding two thousand monthly settlement indicators; 307 - the income which amount exceeds five thousand monthly settlement indicators; 324, 325, 326, 328, 329, 330, 332, 333, 334, 337 and 343 - value term of the costs necessary for recovery of the environment and consumer properties of natural resources, in the amount of, exceeding twenty thousand monthly settlement indicators; 365 - the damage caused to the citizen on the amount in two thousand times exceeding monthly settlement indicator, or the damage caused to the organization or the state on the amount in ten thousand times exceeding monthly settlement indicator; 366 and 367 - amount of money, cost of securities, other property or benefit of property nature over ten thousand monthly settlement indicators; in other Articles - the extent of damage on the amount in four thousand times exceeding monthly settlement indicator;";

in Item 29) of the word "215 (Item 3) parts two)" to exclude;

38) to state Item in the following edition:

"38) major damage and the large size - in Articles: 185, 186 and 458 - damage on the amount by five hundred times exceeding monthly settlement indicator; 188, 191 and 192 - the property value or the extent of damage by five hundred times exceeding monthly settlement indicator; 189, 190, 194, 195, 196, 197, 200, 202 and 204 - the property value or the extent of damage in one thousand times exceeding monthly settlement indicator; 198 and 199 - the extent of damage or value of the rights on use of intellectual property items or cost of copies of objects of copyright and (or) the related rights or goods containing inventions, useful models, industrial designs, selection achievements or topology of integral chips in one thousand times exceeding monthly settlement indicator; 214 - the income which amount exceeds ten thousand monthly settlement indicators; 214, 221, 237, 238 (part one), 239 (parts one and the second), 240, 242, 243 and 250 (part two) - the damage caused to the citizen on the amount in two thousand times exceeding monthly settlement indicator, or the damage caused to the organization or the state on the amount in ten thousand times exceeding monthly settlement indicator; 216 - the damage caused to the citizen on the amount in two thousand times exceeding monthly settlement indicator, or the damage caused to the organization or the state on the amount exceeding twenty thousand monthly settlement indicators; 217 - the income which amount exceeds one thousand monthly settlement indicators; 218 - the money and (or) other property received in the criminal way for the amount exceeding twenty thousand monthly settlement indicators; 219, 222, 223, 224, 225, 226, 227, 228 and 241 - the damage caused to the citizen on the amount by two hundred times exceeding monthly settlement indicator, or the damage caused to the organization or the state on the amount in two thousand times exceeding monthly settlement indicator; 220, 229, 230 - damage on the amount in ten thousand times exceeding monthly settlement indicator; 221 - the income which amount exceeds twenty thousand monthly settlement indicators; 231 - the cost of banknotes, coins, securities, foreign currency concerning which the counterfeit by five hundred times exceeding monthly settlement indicator is made; 234 - the cost of the moved goods exceeding ten thousand monthly settlement indicators; 235 - the amount of not returned means in national and foreign currency exceeding fifteen thousand monthly settlement indicators; 236 - the cost of unpaid customs duties, customs fees, taxes, the special, anti-dumping, compensatory duties exceeding five thousand monthly settlement indicators; 238 (part two) and 239 (part three) - the damage caused to the subject of medium business on the amount in twenty thousand times exceeding monthly settlement indicator or to the subject of big business on the amount in forty thousand times exceeding monthly settlement indicator; 244, 245 - the amount of not come payments the budget exceeding twenty thousand monthly settlement indicators; 247 - the amount received by person or the cost of the services rendered to him exceeding three hundred monthly settlement indicators; 253 - the amount of money, cost of securities, other property or benefit of property nature exceeding five hundred monthly settlement indicators; 258 - the amount of money, property value, benefits of property nature, the rendered services exceeding one thousand monthly settlement indicators; 274 - the damage caused to the citizen on the amount in two thousand times exceeding monthly settlement indicator, or the damage caused to the organization or the state on the amount in ten thousand times exceeding monthly settlement indicator; 292 - the damage caused to the physical person on the amount in one thousand times exceeding monthly settlement indicator, or the damage caused to the organization or the state on the amount in two thousand times exceeding monthly settlement indicator; 307 - the income which amount exceeds one thousand monthly settlement indicators; 323 - the cost of medicines, products of medical appointment or medical equipment concerning which the falsification exceeding one thousand monthly settlement indicators is made; 324, 325, 326, 328, 329, 330, 332, 333, 334, 335, 337, 338, 340, 341 and 343 - value term of the costs necessary for recovery of the environment and consumer properties of natural resources, in the amount of, exceeding one thousand monthly settlement indicators; 344 - the extent of damage exceeding two thousand monthly settlement indicators; 350, 354, 355 and 356 - the damage caused to the citizen in the amount of, by two hundred times exceeding monthly settlement indicator, or the damage caused to the organization or the state in the amount of, in one thousand times exceeding monthly settlement indicator; 365 - the damage caused to the citizen on the amount by two hundred times exceeding monthly settlement indicator, or the damage caused to the organization or the state on the amount in two thousand times exceeding monthly settlement indicator; 366 and 367 - amount of money, cost of securities, other property or benefit of property nature over three thousand and to ten thousand monthly settlement indicators; 399 - the cost of special technical means exceeding five thousand monthly settlement indicators; in other Articles - the extent of damage on the amount in one thousand times exceeding monthly settlement indicator;";

2) part the second articles 10 after words of "corrective works" to add with words "attraction to social jobs,";

Part the second Article 40 to add 3) with Item 2-1) of the following content:

"2-1) attraction to social jobs;";

Articles 41 and 42 to state 4) in the following edition:

"Article 41. Penalty

1. The penalty is the cash collection appointed in the limits provided by this Code, in the amount of, corresponding to certain quantity of the monthly settlement indicators established by the legislation of the Republic of Kazakhstan and operating at the time of making of criminal offense, or in the amount of, multiple to the amount or cost of bribe, the amount of the transferred money or cost of the transferred property, the cost of stolen property, the amount of the gained income or the amount of not come payments the budget.

2. For criminal offenses the penalty is established ranging from twenty to two hundred monthly settlement indicators, for crimes - ranging from two hundred to ten thousand monthly settlement indicators or in multiple size.

3. In case of infliction of penalty the court determines its size and payment due date taking into account weight of criminal offense, property and marital status of the convict, possibility of receipt by it of the salary or other income.

4. The payment due date of penalty is estimated from the moment of the introduction of sentence in legal force and according to the court verdict cannot exceed three years.

5. In case of temporary deterioration in property status of the convict in connection with delay or nonpayment of the salary, temporary disability, loss of work or the income the court can grant delay for a period of one month up to one year. Time of delay does not enter calculation of payment due date of the penalty established by the court verdict.

6. In case of failure to pay penalty at the scheduled time the sentence (resolution) of court is subject to forced execution. Unpaid part of penalty is replaced:

1) condemned for criminal offense - attraction to social jobs at the rate of one hour of social jobs for one unpaid monthly settlement indicator or arrest at the rate of one days of arrest for four unpaid monthly settlement indicators;

2) condemned for crime of small or average weight - restriction of freedom or imprisonment at the rate of one day of restriction of freedom or imprisonment for four unpaid monthly settlement indicators;

3) condemned for serious crime - imprisonment at the rate of one day of imprisonment for four unpaid monthly settlement indicators;

4) the convict to multiple penalty - imprisonment within the sanction of the relevant article of the Special part of this Code taking into account the paid and collected part of penalty.

7. In case of purpose of milder pinishment, than it is provided for this criminal offense, assignment of punishment for unfinished crime, and also when replacing punishment the size of penalty can be below the lowest limit set by this Article.

Article 42. Corrective works

1. Corrective works are the cash collection appointed in the limits provided by this Code, in the amount of, corresponding to certain quantity of the monthly settlement indicators established by the legislation of the Republic of Kazakhstan and operating at the time of making of criminal offense.

2. Corrective works are performed by monthly deduction and transfer in Fund of compensation by the victim from ten to fifty percent of the salary (monetary pay) of the convict less the means which are subject to periodical payment (collection) on account of the alimony, the indemnification caused by mutilation or other damage of health, and also the death of the supporter.

3. For criminal offenses corrective works are established ranging from twenty to two hundred monthly settlement indicators, for crimes - ranging from two hundred to ten thousand monthly settlement indicators.

4. In case of purpose of corrective works the court determines their size taking into account weight of criminal offense, property and marital status of the convict.

5. In case of disability the convict can be exempted from execution of the rest of punishment or unexecuted part is replaced with penalty. In case of other circumstances interfering execution of corrective works they are replaced:

1) condemned for criminal offense - attraction to social jobs or arrest at the rate of one hour of social jobs for one outstanding monthly settlement indicator, one days of arrest for four outstanding monthly settlement indicators;

2) condemned for crime of small or average weight - restriction of freedom or imprisonment at the rate of one day of restriction of freedom or imprisonment for four outstanding monthly settlement indicators;

3) condemned for serious crime - imprisonment at the rate of one day of imprisonment for four outstanding monthly settlement indicators.

6. In case of purpose of milder pinishment, than it is provided for this criminal offense, assignment of punishment for unfinished crime, and also when replacing punishment the size of corrective works can be below the lowest limit set by this Article.

7. Corrective works are not appointed to the persons recognized disabled or which do not have permanent job or the student in educational institutions with separation from production.";

5) in Article 43:

the second to state part in the following edition:

"2. Social jobs are established for criminal offenses for a period of twenty till two hundred o'clock, for crimes of small and average weight - for a period of two hundred till one thousand two hundred o'clock. Social jobs are left not over four hours a day with release of the convict for the period of their serving from accomplishment of labor obligations in the place of the main work or for non-study time.";

add with parts 2-1 and 2-2 of the following content:

"2-1. In case of evasion from social jobs they are replaced:

1) condemned for criminal offense - arrest at the rate of one days of arrest in four unfinished hours of social jobs;

2) condemned for crime - restriction of freedom or imprisonment at the rate of one day of restriction of freedom or imprisonment in four unfinished hours of social jobs.

2-2. In case of purpose of milder pinishment, than it is provided for this criminal offense, assignment of punishment for unfinished crime, and also when replacing punishment the term of social jobs can be below the lowest limit set by this Article.";

6) in Article 44:

first and third to state parts in the following edition:

"1. Restriction of freedom consists in establishment of probation of control of the convict for a period of six months up to seven years and attraction it to forced labor for hundred hours annually during all term of serving sentence. Restriction of freedom is left at the place of residence of the convict without isolation from society. Forced labor will be organized by local executive bodies in public places and not over four hours a day are left. The convicts taking permanent place of employment or occupied on study the minor, expectant mothers, women having juvenile children under three years, the men raising alone juvenile children under three years, women at the age of fifty eight and over years, the man at the age of sixty three and over years, disabled people of the first or second group, and also convicts with which punishment is replaced with restriction of freedom less than six months are not involved in forced labor.";

"3. In case of malicious evasion from serving of restriction of freedom its unexpired term is replaced with imprisonment at the rate of one day of imprisonment in one day of restriction of freedom.";

add with part four of the following content:

"4. In case of purpose of milder pinishment, than it is provided for this criminal offense, assignment of punishment for unfinished crime, and also when replacing punishment term of restriction of freedom can be below the lowest limit, set by this Article.";

7) in Article 45:

the second to state part in the following edition:

"2. Arrest is established for a period of ten up to fifty days. The term of detention joins arrest in time.";

add with part five of the following content:

"5. When replacing punishment the term of arrest can be below the lowest limit set by this Article.";

8) in Article 46:

part third after words of "corrective works" to add with words ", attraction to social jobs";

Items 1) to state 2) and 3) to part five in the following edition:

"1) in organizations of criminal executive system of the minimum safety: to persons condemned for the crimes committed on imprudence; to persons condemned for the crimes which are not connected using violence, provided by Chapters 7, of 8, of 9, of the 12 and 13 of this Code; to persons condemned for the crimes provided by Chapter 15 of this Code in case of full recovery by them the damage caused by crime; to persons for the first time condemned for making of intentional crime for which penalty to imprisonment for a period of up to two years is imposed;

2) in organizations of criminal executive system of average safety: to the persons condemned to imprisonment for the term of over two years for making of intentional crimes of small, average weight or serious crimes, who were earlier not leaving imprisonment; to the women who committed especially serious crime and also in case of recurrence of crimes; to persons to whom penalty, corrective works, attraction to social jobs, restriction of freedom are replaced with imprisonment;

3) in organizations of criminal executive system of the maximum safety: to men, for the first time convicts to imprisonment for making of especially serious crimes; to the persons condemned to imprisonment, who were earlier leaving imprisonment for making of intentional crime, except for persons condemned for the crimes which are not connected using violence, provided by Chapters 7, of 8, of 9, of the 12 and 13 of this Code, and also persons condemned for the crimes provided by Chapter 15 of this Code in case of full recovery by them the damage caused by crime; to the men condemned in case of recurrence of crimes; to women - in case of dangerous recurrence of crimes;";

9) change in Kazakh is made to part the fourth Article 50, the text in Russian does not change;

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