LAW OF THE REPUBLIC OF KAZAKHSTAN

of November 9, 2011 No. 490-IV ZRK

About modification and amendments in some legal acts of the Republic of Kazakhstan concerning enhancement of law-enforcement activities and further humanization of the penal legislation

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 16, 1997 (The sheet of Parliament of the Republic of Kazakhstan, 1997, No. 15-16, of Art. 211; 1998, No. 16, Art. 219; No. 1718, Art. 225; 1999, No. 20, Art. 721; No. 21, Art. 774; 2000, No. 6, Art. 141; 2001, No. 8, Art. 53, 54; 2002, No. 4, Art. 32, 33; No. 10, Art. 106; No. 17, Art. 155; No. 23-24, of Art. 192; 2003, No. 15, Art. 137; No. 18, Art. 142; 2004, No. 5, Art. 22; No. 17, Art. 97; No. 23, Art. 139; 2005, No. 13, Art. 53; No. 14, Art. 58; No. 21-22, of Art. 87; 2006, No. 2, Art. 19; No. 3, Art. 22; No. 5-6, of Art. 31; No. 8, Art. 45; No. 12, Art. 72; No. 15, Art. 92; 2007, No. 1, Art. 2; No. 4, Art. 33; No. 5-6, of Art. 40; No. 9, Art. 67; No. 10, Art. 69; No. 17, Art. 140; 2008, No. 12, Art. 48; No. 13-14, of Art. 58; No. 17-18, of Art. 72; No. 23, Art. 114; No. 24, Art. 126; 2009, No. 6-7, of Art. 32; No. 13-14, of Art. 63; No. 15-16, of the Art. 71, 73, 75; No. 17, Art. 82, 83; No. 24, Art. 121, 122, 125, 127, 128, 130; 2010, No. 1-2, of Art. 5; No. 7, Art. 28, 32; No. 11, Art. 59; No. 15, Art. 71; No. 20-21, of Art. 119; No. 22, Art. 130; No. 24, Art. 149; 2011, No. 1, Art. 9; No. 2, Art. 19, 28):

In all text numbering of Sections to designate 1) in the Arab figures;

To add 2) with table of contents of the following content:

"Table of contents

General part

Section 1. Penal statute

Article 1. Penal legislation of the Republic of Kazakhstan

Article 2. Tasks of the Criminal code

Article 3. Basis of criminal liability

Article 4. Action of the penal statute in time

Article 5. Retroactive effect of the penal statute

Article 6. Action of the penal statute concerning persons who committed crime in the territory of the Republic of Kazakhstan

Article 7. Action of the penal statute concerning persons who committed crime outside the Republic of Kazakhstan

Article 8. Issue of persons who committed crime

Section 2. Crime

Article 9. Concept of crime

Article 10. Categories of crimes

Article 10-1. Administrative pre-judiction

Article 11. Not momentariness of crimes

Article 12. Cumulative offenses

Article 13. Recurrence of crimes

Article 14. Persons which are subject to criminal liability

Article 15. Age from which there comes criminal liability

Article 16. Diminished responsibility

Article 17. Criminal liability of persons with the mental disturbance which is not excluding sanity

Article 18. Criminal liability of persons who committed crime in state of intoxication

Article 19. Wine

Article 20. The crime committed intentionally

Article 21. The crime committed on imprudence

Article 22. Responsibility for the crimes committed with two forms of fault

Article 23. Innocent damnification

Article 24. Preparation for crime and attempted crime

Article 25. Completed crime

Article 26. Voluntary refusal of crime

Article 27. Concept of partnership in crime

Article 28. Types of assisting offenders

Article 29. Responsibility of assisting offenders

Article 30. Excess of the assisting offender

Article 31. Forms of partnership in crime

Article 32. Justifiable defense

Article 33. Damnification during detention of person who made encroachment

Article 34. Emergency

Article 34-1. Implementation of investigation and search operations

Article 35. Reasonable risk

Article 36. Physical or mental compulsion

Article 37. Execution of the order or order

Section 3. Punishment

Article 38. Concept and purposes of punishment

Article 39. Types of punishments

Article 40. Penalty

Article 41. Deprivation of the right to hold certain position or to be engaged in certain activities

Article 42. Attraction to social jobs

Article 43. Corrective works

Article 44. Restriction on military service

Article 45. Restriction of freedom

Article 46. Content on guardroom

Article 47. It is excluded by the Law of the Republic of Kazakhstan of July 10, 2009 No. 177-IV (procedure for enforcement see the Art. 2)

Article 48. Imprisonment

Article 49. Capital punishment

Article 50. Deprivation of special, military or honorary title, class rank, diplomatic rank, qualification class and state awards

Article 51. Confiscation of property

Section 4. Assignment of punishment

Article 52. General beginnings of assignment of punishment

Article 53. The circumstances commuting criminal liability and penalty

Article 54. The circumstances aggravating criminal liability and punishment

Article 55. Purpose of milder pinishment, than is provided for this crime

Article 56. Assignment of punishment for unfinished crime

Article 57. Assignment of punishment for the crime committed in partnership

Article 58. Assignment of punishment on cumulative offenses

Article 59. Assignment of punishment in case of recurrence of crimes

Article 60. Assignment of punishment on cumulative sentences

Article 61. Procedure for determination of terms of punishment in case of their addition

Article 62. Calculation of terms of punishments and offset of punishment

Article 63. Conditional condemnation

Article 64. Cancellation of conditional condemnation or prolongation of probation period

Section 5. Release from criminal liability and punishment

Article 65. Release from criminal liability in connection with active repentance

Article 66. Release from criminal liability in case of exceeding of limits of justifiable defense

Article 67. Release from criminal liability in connection with conciliation

Article 68. Release from criminal liability in connection with change of situation

Article 69. Release from criminal liability in connection with lapse of time

Article 70. Parole from serving sentence

Article 71. Replacement of unexpired part of punishment with softer type of punishment

Article 72. Serving sentence delay to the expectant mothers and women having juvenile children and the men alone raising juvenile children

Article 73. Release from punishment in connection with disease

Article 74. Release from punishment and delay of serving sentence owing to force majeure

Article 75. Release from serving sentence in connection with conviction lapse of time

Article 76. Release from criminal liability and punishment based on the act of amnesty or pardon

Article 77. Criminal record

Section 6. Criminal liability of minors

Article 78. Criminal liability of minors

Article 79. Types of the penalties imposed by the minor

Article 80. Assignment of punishment to the minor

Article 81. Release of minors from criminal liability and punishment

Article 82. Enforcement powers of educational impact

Article 83. Content and terms of application of enforcement powers of educational impact

Article 84. Parole of minors from serving sentence

Article 85. Prescriptive limits

Article 86. Criminal record repayment periods

Article 87. Application of provisions of this Section to persons aged from eighteen up to twenty one years

Section 7. Enforcement powers of medical nature

Article 88. Bases of application of enforcement powers of medical nature

Article 89. Purposes of application of enforcement powers of medical nature

Article 90. Types of enforcement powers of medical nature

Article 91. Out-patient forced observation and treatment at the psychiatrist

Article 92. Forced treatment in psychiatric hospital

Article 93. Prolongation, change and phase-out of enforcement powers of medical nature

Article 94. Assignment of punishment after application of enforcement powers of medical nature

Article 95. The enforcement powers of medical nature connected to execution of the punishment

Special part

Chapter 1. Crimes against the personality

Article 96. Murder

Article 97. Murder of the newborn child by mother

Article 98. The murder committed in the heat of passion

Article 99. The murder committed in case of exceeding of limits of justifiable defense

Article 100. The murder committed in case of exceeding of the measures necessary for detention of person who committed crime

Article 101. Negligent homicide

Article 102. Bringing to suicide

Article 103. Intentional causing severe harm to health

Article 104. Intentional causing average weight of harm to health

Article 105. It is excluded by the Law of the Republic of Kazakhstan of January 18, 2011 No. 393-IV (procedure for enforcement see the Art. 2)

Article 106. It is excluded by the Law of the Republic of Kazakhstan of December 9, 2004 No. 10-III

Article 107. Torture

Article 108. Damnification to health in the heat of passion

Article 109. Causing severe harm to health in case of exceeding of limits of justifiable defense

Article 110. Causing severe harm to health during detention of person who committed crime

Article 111. Careless damnification to health

Article 112. Threat

Article 113. Coercion to withdrawal or unlawful taking of bodies and tissues of the person

Article 114. Inadequate accomplishment of professional obligations medical and pharmaceutical workers

Article 114-1. Violation of procedure for performing clinical trials and application of new methods and prophylactics, diagnostics, treatment and medical rehabilitation

Article 115. Infection with venereal disease

Article 116. Infection with human immunodeficiency virus (HIV/AIDS)

Article 117. Illegal production of abortion

Article 118. Non-rendering of the help to the patient

Article 119. Leaving is in danger

Article 120. Rape

Article 121. Violent acts of sexual nature

Article 122. Sexual connection and other actions of sexual nature with person which did not reach sixteen-year age

Article 123. Compulsion to sexual connection, sodomy, lesbianism or other actions of sexual nature

Article 124. Depravity of juveniles

Article 125. Kidnapping

Article 126. Illegal imprisonment

Article 127. The illegal room in psychiatric hospital

Article 128. Human trafficking

Article 129. Slander

Article 130. Insult

Chapter 2. Crimes against family and minors

Article 131. Involvement of the minor in criminal activities

Article 132. Involvement of the minor in making of antisocial actions

Article 132-1. Involvement of the minor in occupation prostitution

Article 133. Trade in minors

Article 134. Substitution of the child

Article 135. Disclosure of secrecy of adoption (adoption)

Article 136. Malicious evasion from payment of funds for content of children or disabled parents

Article 137. Non-execution of obligations on education of the minor

Article 138. Improper execution of obligations on safety of life and health of children

Article 139. Abuse of the rights of the guardian or custodian

Article 140. Malicious evasion from content of the disabled spouse (spouse)

Chapter 3. Crimes against the constitutional and other rights and freedoms of man and citizen

Article 141. Violation of equality of citizens

Article 141-1. Tortures

Article 142. Violation of personal privacy

Article 143. Illegal violation of mystery of correspondence, telephone negotiations, post, cable or other messages

Article 144. Disclosure of medical secret

Article 145. Violation of inviolability of home

Article 146. Hindrance to implementation of the voting rights or work of the electoral commissions

Article 147. Falsification of the selective documents, documents of referendum or wrong counting of votes

Article 148. Violation of the labor law of the Republic of Kazakhstan

Article 149. It is excluded by the Law of the Republic of Kazakhstan of January 18, 2011 No. 393-IV (procedure for enforcement see the Art. 2)

Article 150. It is excluded by the Law of the Republic of Kazakhstan of January 18, 2011 No. 393-IV (procedure for enforcement see the Art. 2)

Article 150-1. Hindrance of legal activities of employee representatives

Article 151. Hindrance to holding meeting, meeting, demonstration, procession, picketing or participation in them

Article 152. Labor protection abuse of regulations

Article 153. Coercion to participation in strike or to refusal of participation in strike

Article 154. It is excluded by the Law of the Republic of Kazakhstan of December 9, 2004 No. 10-III

Article 155. Hindrance of legal professional activity of the journalist

Chapter 4. Crimes against the world and safety of mankind

Article 156. Planning, preparation, unbinding or conducting war of aggression

Article 157. Promotion and public calls for unleashing of war of aggression

Article 158. Production or distribution of weapons of mass destruction

Article 159. Application of the prohibited means and methods of warfare

Article 160. Genocide

Article 161. Ecocide

Article 162. Nayemnichestvo

Article 163. Attack on persons or the organizations using international protection

Article 164. Initiation of social, race, patrimonial, racial or religious strife

Chapter 5. Crimes against bases of the constitutional system and safety of the state

Article 165. High treason

Article 166. Espionage

Article 166-1. Infringement of life of the First President of the Republic Kazakhstanlider Nation

Article 167. Infringement of life of the President of the Republic of Kazakhstan

Article 168. The forcible seizure of power or violent deduction of the power or implementation by representatives of foreign state or the foreign organization of the powers entering competence of authorized bodies and officials of the Republic of Kazakhstan

Article 169. Armed rebellion

Article 170. Appeals to violent overthrow or change of the constitutional system or violent violation of unity of the territory of the Republic of Kazakhstan

Article 171. Diversion

Article 172. Illegal receipt, disclosure, distribution of the state secrets

Article 173. Loss of documents, the objects containing the state secrets

Article 174. Draft evasion on mobilization

Chapter 6. Property offenses

Article 175. Theft

Article 176. Assignment or waste of entrusted alien property

Article 177. Fraud

Article 178. Robbery

Article 179. Robbery

Article 180. Plunder of the objects having special value

Article 181. Racketing

Article 182. Causing property damage by deception or confidence abuse

Article 183. Acquisition or sale of the property which is obviously got in the criminal way

Article 183-1. Transportation, acquisition, realization, oil storage and oil products, and also oil refining without documents confirming legality of their origin

Article 184. Violation of copyright and related rights

Article 184-1. Violation of the rights to inventions, useful models, industrial designs, selection achievements or topology of integral chips

Article 185. Illegal occupancy by the car or other vehicle without the plunder purpose

Article 186. Violation of the corporeal rights to the earth

Article 187. Intentional destruction or damage of alien property

Article 188. Careless destruction or damage of alien property

Chapter 7. Crimes in the field of economic activity

Article 189. It is excluded

Article 190. Illegal entrepreneurship

Article 191. Illegal banking activity

Article 192. Pseudo-entrepreneurship

Article 192-1. Making by the subject of private entrepreneurship of the transaction (transactions) without intention to perform business activity

Article 193. Legalization of money or other property acquired in the illegal way

Article 194. Illegal receipt and inappropriate use of the credit

Article 195. It is excluded by the Law of the Republic of Kazakhstan of January 18, 2011 No. 393-IV (procedure for enforcement see the Art. 2)

Article 196. Monopolistic activities

Article 197. It is excluded by the Law of the Republic of Kazakhstan of January 18, 2011 No. 393-IV (procedure for enforcement see the Art. 2)

Article 198. Obviously false advertizing

Article 199. Illegal use of the trademark

Article 200. Illegal obtaining and disclosure of the data which are trade or bank secret

Article 201. It is excluded by the Law of the Republic of Kazakhstan of January 18, 2011 No. 393-IV (procedure for enforcement see the Art. 2)

Article 202. Violation of procedure for release of issued securities

Article 202-1. Failure to provide information or submission of obviously false data by the official of the issuer of securities

Article 203. Entering into the register of security holders of obviously false data

Article 204. Submission of obviously false data by professional participants of the security market

Article 205. Abuse of regulations of carrying out transactions with securities

Article 206. Production or sale of counterfeit money or securities

Article 207. Production or sale of counterfeit payment cards and other payment and settlement documents

Article 208. Violation of procedure and rules of marking of excise goods excise stamps and (or) accounting and control brands, counterfeit and use of excise stamps and (or) accounting and control brands

Article 209. Economic smuggling

Article 210. It is excluded by the Law of the Republic of Kazakhstan of July 9, 1998 No. 277

Article 211. It is excluded by the Law of the Republic of Kazakhstan of July 9, 1998 No. 277

Article 212. It is excluded by the Law of the Republic of Kazakhstan of July 9, 1998 No. 277

Article 213. Not return from abroad means in national and foreign currency

Article 214. Evasion from customs payment and charges

Article 215. Wrongful acts in case of bankruptcy

Article 216. Deliberate bankruptcy

Article 216-1. Bringing to insolvency

Article 217. False bankruptcy

Article 218. Violation of the law of the Republic of Kazakhstan about financial accounting and the financial reporting

Article 219. Submission of obviously false data on banking activities

Article 220. Illegal use of money of bank

Article 221. Evasion of the citizen from the tax discharge and (or) other obligatory payments in the budget

Article 222. Tax avoidance and (or) other obligatory payments in the budget from the organizations

Article 222-1. Illegal actions concerning the property limited on hand on account of tax debt of the taxpayer

Article 223. It is excluded by the Law of the Republic of Kazakhstan of January 18, 2011 No. 393-IV (procedure for enforcement see the Art. 2)

Article 224. Receipt of illegal remuneration

Article 225. It is excluded by the Law of the Republic of Kazakhstan of January 18, 2011 No. 393-IV (procedure for enforcement see the Art. 2)

Article 226. Coercion to transaction or to refusal of its making

Article 226-1. Raiding

Article 227. Illegal access to computer information, creation, use and distribution of malicious applications for the COMPUTER

Article 227-1. Illegal change of identification code of the subscriber structure of cellular communication, device of identification of the subscriber, and also creation, use, distribution of programs for change of identification code of the subscriber device

Chapter 8. Crimes against interests of service in commercial and other organizations

Article 228. Abuse of authority

Article 229. Abuse of authority by the private notaries, private legal executives and auditors working as a part of auditing organization

Article 230. Abuse of authority by employees of private security services

Article 231. Commercial bribery

Article 232. Unfair relation to obligations

Chapter 9. Crimes against public safety and public order

Article 233. Terrorism

Article 233-1. Promotion of terrorism or public calls for making of the act of terrorism

Article 233-2. Creation, management of terrorist group and participation in its activities

Article 233-3. Financing of extremism or terrorist activities

Article 234. Taking of the hostage

Article 235. Creation and management of organized criminal group or criminal society (criminal organization), participation in criminal society

Article 236. Organization of illegal paramilitary force

Article 237. Gangsterism

Article 238. Attack on buildings, constructions, intermedia and bonds

Article 239. Stealing, and equally in capture of air or water vessel or railway rolling stock

Article 240. Piracy

Article 241. Mass riots

Article 242. Obviously untrue report on the act of terrorism

Article 243. Illegal export of technologies, scientific and technical information and the services used during creation of weapons of mass destruction, arms and military equipment

Article 244. Abuse of regulations of safety on objects of nuclear power

Article 245. Abuse of regulations of safety when conducting mining or construction works

Article 245-1. Substandard construction

Article 246. Abuse of regulations of safety on explosive objects

Article 247. Illegal treatment of radioactive materials

Article 248. Plunder or racketing of radioactive materials

Article 249. Abuse of regulations of the treatment of radioactive materials

Article 250. Smuggling of the objects or objects withdrawn from circulation which address is limited

Article 251. Illegal acquisition, transfer, sale, storage, transportation or carrying weapon, ammunition, explosives and destructive devices

Article 252. Illegal manufacture of weapon

Article 253. Negligent custody of firearms

Article 254. Improper execution of obligations on protection of weapon, ammunition, explosives or destructive devices

Article 255. Plunder or racketing of weapon, ammunition, explosives and destructive devices

Article 256. Abuse of regulations of fire safety

Article 257. Hooliganism

Article 258. Vandalism

Chapter 10. Crimes against health of the population and morality

Article 259. Illegal production, conversion, acquisition, storage, transportation, transfer or sale of drugs or psychotropic substances

Article 260. Plunder or racketing of drugs or psychotropic substances

Article 261. Inducement to consumption of drugs or psychotropic substances

Article 262. Illegal cultivation of the plants prohibited to cultivation containing narcotic substances

Article 263. Illicit trafficking in toxic agents the, and also substances, tools or the equipment used for production or conversion of drugs, psychotropic or toxic agents

Article 264. The organization or content of brothels for consumption of drugs or psychotropic substances, or provision of rooms for the same purposes

Article 265. Abuse of regulations of the treatment of drugs, psychotropic, or toxic agents

Article 266. Illegal medical and pharmaceutical activities and illegal issue or counterfeit of the recipes or other documents granting the right to drugs or psychotropic substances

Article 267. Violation of sanitary and epidemiologic rules

Article 268. Concealment of information on the circumstances creating danger to life or human health

Article 269. Release or sales of goods, performance of works or rendering the services which are not meeting safety requirements

Article 269-1. Organization of illegal gaming

Article 270. Involvement in occupation prostitution

Article 271. The organization or content of brothels for occupation prostitution and procurement

Article 272. The organization or content of brothels for befuddling with use of medicinal or other means

Article 273. Illegal distribution of pornographic materials or objects

Article 273-1. Production and turnover of materials or objects with pornographic images of minors or their attraction for participation in spectacular actions of pornographic nature

Article 274. Illegal distribution of the works propagandizing cult of cruelty and violence

Article 275. Violation of bodies of the dead and places of their burial

Article 275-1. Unlawful taking of bodies and fabrics of corpse of the person

Article 276. Animals abuse

Chapter 11. Ecological crimes

Article 277. Violation of ecological requirements to economic and other activity

Article 278. Violation of ecological requirements in case of production and use of ecologically potentially dangerous chemical, radioactive and biological materials

Article 279. Abuse of regulations of safety in case of the treatment of microbiological or other biological agents or toxins

Article 280. Violation of the veterinary rules and rules established for fight against diseases and wreckers of plants

Article 281. Pollution, contamination and depletion of waters

Article 282. Pollution of the atmosphere

Article 283. Marine pollution

Article 284. Violation of the law about the continental shelf of the Republic of Kazakhstan and about exclusive economic zone of the Republic of Kazakhstan

Article 285. Spoil of the earth

Article 286. Abuse of regulations of protection and use of subsoil

Article 287. Illegal production of fish resources and other water animals and plants

Article 288. Illegal hunting

Article 289. Abuse of regulations of protection of fauna

Article 290. The illegal address with the rare and being under the threat of disappearance animal species and plants

Article 291. Illegal felling of trees and bushes

Article 292. Destruction or damage of the woods

Article 293. Violation of the mode of especially protected natural territories

Article 294. Rejection of measures for mitigation of consequences of ecological pollution

Chapter 12. Transport crimes

Article 295. Violation of safety rules and operation of rail, air or water transport

Article 296. Road traffic offense and operation of vehicles by persons managing vehicles

Article 297. Leaving of the place of the road accident

Article 298. Substandard repair of vehicles and their release in operation with technical defects, the admission to vehicle control of person which is in state of intoxication

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