of July 16, 2025 No. 210-VIII ZRK
About modification and amendments in some legal acts of the Republic of Kazakhstan concerning optimization of the penal legislation of the Republic of Kazakhstan
Article 1. Make changes and additions to the following legal acts of the Republic of Kazakhstan:
1. In the Code of the Republic of Kazakhstan of December 26, 2011 "About scrap (matrimony) and family":
Item 2 of Article 17 to add 1) with the subitem 5) of the following content:
"5) more than three years from the date of authorization by court of the resolution of criminal prosecution authority on the announcement in the international search are in the international wanted list.";
Item 4 of Article 238 to add 2) with the subitem 4) of the following content:
"4) resolutions of criminal prosecution authority on the announcement in the international search after three years from the date of authorization by its court.";
Part one of Item 1 of Article 241 after the words "at least three years" to add 3) with words "; resolutions of criminal prosecution authority on the announcement in the international search after three years from the date of authorization by its court".
2. In the Criminal Code of Kazakhstan of July 3, 2014:
Article 1 to add 1) with part four of the following content:
"4. Modification and (or) amendments in this Code is performed by the law which is not providing modification and (or) amendments in other legal acts of the Republic of Kazakhstan, except for drafts of the laws:
1) connected with changes and (or) amendments in the Code of penal procedure of the Republic of Kazakhstan, the Penitentiary code of the Republic of Kazakhstan and the Code of the Republic of Kazakhstan about administrative offenses;
2) excluding criminal liability;
3) developed according to the procedure of the legislative initiative of the President of the Republic of Kazakhstan.";
The word "bases" to replace 2) in Article 2 part two with the word "basis";
3) in Article 3:
in Item 2):
after the words "217-1-damage on the amount by two hundred times exceeding monthly settlement indicator;" to add with the words "232-1-the amount of material remuneration and (or) benefits of property nature by two hundred times exceeding monthly settlement indicator;";
after the words "233-the damage caused on the amount in one thousand times exceeding monthly settlement indicator;" to add with the words "233-1-the cost of oil or oil products by two hundred times exceeding monthly settlement indicator;";
after the words "269-1-damage on the amount by two hundred times exceeding monthly settlement indicator;" to add with the words "301-1-goods quantity which cost by fifty times exceeds monthly settlement indicator;";
in Item 3):
"197," to exclude figures;
after figures "204" to add with figures ", 233-1";
after figures "214" to add with figures ", 214-1, 214-2";
4) after the words "inactivation" to add Item paragraph two with words ", military or";
14) after words "air or sea" to add Item paragraph two with words "military or";
Item 18-1):
after the words "and Article 125 part three (in case of crime execution concerning the minor)" to add with words "Item 2) parts two and Article 125-1 part three (in case of crime execution concerning the minor),";
after figures "135" to add with figures ", 140";
in Item 38):
"197," to exclude figures;
after figures "204," to add with figures "233-1,";
after figures "214" to add with figures ", 214-1, 214-2";
after figures "214," to add with figures "214-1, 214-2,";
after the words "231-the cost of banknotes, coins, securities, foreign currency concerning which the counterfeit by five hundred times exceeding monthly settlement indicator is made;" to add with the words "232-1-the amount of material remuneration and (or) benefits of property nature by five hundred times exceeding monthly settlement indicator;";
after figures "344" to add with the words "and 352-1";
Part the second Article 9 to add 4) with the words "or on the principle of reciprocity";
5) in part two of Article 15 of the word "the First President of the Republic of Kazakhstan - Elbasa" shall be replaced with words "the Ex-president of the Republic of Kazakhstan";
Article 31 to add 6) with part six of the following content:
"6. Founders, participants, heads, members of governing bodies and employees of the organizations registered as the legal entity and (or) heads, employees of their structural divisions cannot be acknowledged as criminal group only owing to organizational and regular structure of the organization and (or) its structural division and making of any crime in connection with implementation of powers by them on management of the organization or in connection with implementation of business or other economic activity by the organization, except for case when these organizations and (or) their structural divisions were obviously created for making of one or several crimes.";
7) in part three of Article 43 of the word "juvenile children under three years, to the men raising alone juvenile children" shall be replaced with words "or bringing up the juvenile child aged up to three years, to the men who are bringing up alone the juvenile child";
8) in Article 44:
in part one:
shall be replaced with words words of "juvenile children" "or bringing up the juvenile child";
words of "juvenile children" shall be replaced with words "the juvenile child";
part the second after the word "in the way;" to add with words "not use psychoactive agents in not medical purposes; in the absence of permanent job or study within a month to be registered in local body for questions of employment of the population as the unemployed; not leave the dwelling in time determined by court;";
9) in Article 46:
part the fourth after the word to "women" to add with words "to persons with disability of the first or second group,";
add with part of 4-1 following content:
"4-1. If the sanction of Article of the Special part of this Code does not provide other type of punishment, except lifelong imprisonment, then to persons who committed crime aged up to eighteen years imprisonment from fifteen to twenty years, and to women, persons with disability of the first or second group is appointed, to men at the age of sixty three and over years imprisonment from twenty to twenty five years is appointed.";
Item in paragraph three 2) and the paragraph third Item 3) "the second and third Article 366, parts two and third Article 367," shall be replaced with words word parts five "the second, third and fourth Article 366, parts two, third and fourth Article 367,";
10) in Article 48:
in word part one of "the convict who is in property" to exclude;
in Item 5) the word "convict" to exclude parts two;
Item 4) to state 11) to part one of Article 53 in the following edition:
"4) availability of the juvenile child, including on education at the guilty person;";
12) in Article 55:
in part two:
3) to state Item in the following edition:
"3) the serious crime connected with infringement of life or health of the person, or especially serious crime - three quarters;";
add with Item 4) of the following content:
"4) especially serious crime connected with infringement of life or health of the person - four fifth the maximum term or the size provided by the relevant article of the Special part of this Code.";
add with the paragraph the second the following content:
"Provisions of this part are not applied if aggravating circumstances are provided in quality of sign of criminal offense.";
third after the words "can not exceed half" to add part with words ", for making of the serious crime connected with infringement of life or health of the person, or especially serious crime - three quarters, and for making of especially serious crime connected with infringement of life or health of the person - four fifth";
the paragraph one of part eight after the word "made" to add with the words "the crime connected with intentional causing death to the person";
add with part nine of the following content:
"9. If the sanction of Article of the Special part of this Code does not provide other type of punishment, except lifelong imprisonment, then in the cases provided by part four of this Article, to person custodial sanction from twenty to twenty five years can be imposed.
In the same cases to persons who committed crime aged up to eighteen years custodial sanction for a period of fifteen years, and to women, persons with disability of the first or second group, to men at the age of sixty three and over years - imprisonment from fifteen to twenty years can be imposed";
13) in Article 56:
the fourth to add part with paragraphs second and third the following content:
"In cases when the sanction of Article of the Special part of this Code does not provide other type of punishment, except lifelong imprisonment, custodial sanction for a period of twenty five years is imposed.
If the sanction of Article of the Special part of this Code does not provide other type of punishment, except lifelong imprisonment:
1) to persons who committed crime aged up to eighteen years for unfinished crime calculation of term or amount of punishment is determined by the rules provided by parts two or third this Article taking into account features of part seven of Article of 81 of this Code;
2) to women, persons with disability of the first or second group, to men at the age of sixty three and over years for unfinished crime calculation of term or amount of punishment is determined by the rules provided by parts two or third this Article taking into account features of part 4-1 of article 46 of this Code.";
Heading and part one of Article 67 to state 14) in the following edition:
"Article 67. Release from criminal liability and serving sentence in case of accomplishment of conditions of the procedural agreement on cooperation
1. Person who satisfied all conditions of the procedural agreement on cooperation is exempted from criminal liability or serving sentence.";
15) in Article 68 part two:
shall be replaced with words the words "having juvenile children" "having or bringing up the juvenile child";
shall be replaced with words the words "alone juvenile children" "alone the juvenile child";
16) in Article 72:
part one in paragraph four:
shall be replaced with words the words "having juvenile children" "having or bringing up the juvenile child";
shall be replaced with words the words "alone juvenile children" "alone the juvenile child";
the paragraph one of part two to add with the offer the second the following content:
"In case of parole from serving sentence of person condemned to lifelong imprisonment probation control is established for a period of ten years";
in part three:
3) after the words "appointed for" to add Item with the words "the serious crime connected with infringement of life or health of the person or";
5) to state Item in the following edition:
"5) at least one fourth terms of the penalty imposed for crime of small or average weight, or at least one third of term of the penalty imposed for serious crime, or at least a half of term of the penalty imposed for the serious crime connected with infringement of life or health of the person, either especially serious crime, or at least three quarters of term of the penalty imposed for especially serious crime connected with the infringement of life or health of the person, in case of accomplishment condemned all conditions of the procedural agreement.";
part four in paragraph one:
shall be replaced with words the words "having juvenile children" "having or bringing up the juvenile child";
shall be replaced with words the words "alone juvenile children" "alone the juvenile child, to persons which are bringing up the child with disability";
5) to state Item in the following edition:
"5) at least one heel of term of the penalty imposed for crime of small or average weight, or at least one fourth terms of the penalty imposed for serious crime, or at least one third of term of the penalty imposed for especially serious crime, in case of accomplishment condemned all conditions of the procedural agreement.";
in part seven:
in Item 2):
shall be replaced with words the words "having juvenile children" "having or bringing up the juvenile child";
shall be replaced with words the words "alone juvenile children" "alone the juvenile child";
3) after the words "specified in Item 2) to this part, court" to add Item with the words "cancels parole and";
in part eight:
1) to exclude Item;
in the paragraph the second Item 3):
shall be replaced with words the words "having juvenile children" "having or bringing up the juvenile child";
shall be replaced with words the words "alone juvenile children" "alone the juvenile child";
in Item 5) words "juvenile children, the men raising alone juvenile children" shall be replaced with words "or bringing up the juvenile child, the men who are bringing up alone the juvenile child";
add with Items 6), 7), 8) and 9) of the following content:
"6) the convict by whom custodial sanction is replaced with restriction of freedom according to the procedure of Article 73 of this Code;
7) earlier conditionally ahead of schedule exempted from serving sentence in the form of lifelong imprisonment;
8) committed new heavy or especially serious crime during serving of lifelong imprisonment;
9) condemned for tortures.";
17) in Article 73:
add part one with the paragraph the second the following content:
"In case of replacement with court of the remained unexpired part of punishment with restriction of freedom the term of its calculation is regulated by the Penitentiary code of the Republic of Kazakhstan.";
in part two:
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