LAW No. 167 of 16 JULY 1997

OF THE REPUBLIC OF KAZAKHSTAN

THE CRIMINAL CODE OF THE REPUBLIC OF KAZAKHSTAN

Latest amendment:

17) Law №10 of 9th December 2004 of the Republic of Kazakhstan. Concerning the Introduction of amendments and additions to the Criminal, Criminal Procedural? Criminal Executive codes of the Republic of Kazakhstan on issues of simplification of procedures for investigation of criminal cases, decriminalization of certain corpora delicti and improvement of the legislation concerning administrative violations.

Section I. Criminal Law

Article 1. Criminal Legislation of the Republic of Kazakhstan

1. The criminal legislation of the Republic of Kazakhstan shall consist exclusively of the present Code of the Republic of Kazakhstan. Other laws which stipulate criminal liability shall only be subject to application after their inclusion into the present Code.

2. The present Code is based on the Constitution of the Republic of Kazakhstan and generally accepted principles and norms of international law.

Article 2. Objectives of the Criminal Code

1. Objectives of the Criminal Code shall be as follows: the protection of the rights, freedoms, and legitimate interests of individuals and of citizens, as well as of property, rights, and legitimate interests of organizations, public order and safety, the environment, constitutional order, and territorial integrity of the Republic of Kazakhstan, the interests of society and the state protected by law from criminal infringements, the protection of the peace and safety of mankind, as well as the prevention of crimes.

2. For the implementation of these objectives, the present Code establishes the bases for criminal liability, and defines what acts, which are dangerous for a person, society, or the state, shall be recognised as crimes, and establishes punishments and other measures of criminal-legal retribution for their commission.

Article 3. The Basis for Criminal Liability

The only basis for criminal liability shall be the commission of a crime, that is, an act which has all of the attributes of a legally defined crime stipulated by the present Code. No one can be subject to repeated criminal liability for one and the same crime.

Article 4. The Action of the Criminal Code in Time

The criminality and punishability of an act shall be defined by the law which was in effect during the time of the commission of that crime. The time of the commission of a socially dangerous act (failure to act), irrespective of the time of the emergence of consequences, shall be recognised as the time of the commission of a given crime.

Article 5. Retroactivity of Criminal Law

1. A law which eliminates the criminality or punishability of a given act, and which mitigates liability or punishment for it, or which otherwise improves the status of a person who committed it, shall have retroactive force, that is, it shall apply to persons who committed relevant crimes prior to its introduction into effect, including persons who are serving their terms, or have served but still had a conviction on their record.

2. If a new criminal law mitigates punishability of a given act for which a person is serving a term, then the appointed punishment shall be subject to reduction within the sanctions of that newly adopted criminal law.

3. A law, which establishes criminality or punishability of an act, which increases liability or punishment, or otherwise deteriorates the status of a person who committed that act, shall not be retroactive.

Article 6. Effect of Criminal Law with Regard to Persons Having Committed Crimes on the Territory of the Republic of Kazakhstan

1. A person who committed a crime on the territory of the Republic of Kazakhstan shall bear liability in accordance with the present Code.

2. An act which was begun, or continued, or ended on the territory of the Republic of Kazakhstan, shall be recognised as a crime committed on the territory of the Republic of Kazakhstan. The effect of the present Code shall also apply to crimes which are committed on the continental shelf, and within the exclusive economic zone of the Republic of Kazakhstan.

3. A person having committed a crime on a ship registered in a port of the Republic of Kazakhstan, but which is in the open water or air space outside of the boundaries of the Republic of Kazakhstan, shall be subject to criminal liability under the present Code of the Republic of Kazakhstan, unless it is otherwise stipulated by an international treaty of the Republic of Kazakhstan. Under the present Code, a person shall also bear criminal liability who committed a crime on a military ship or military aircraft of the Republic of Kazakhstan, irrespective of its location.

4. The issue of criminal liability of diplomatic representatives of foreign states and other citizens who enjoy immunity, in case of the commission of a crime by them on the territory of the Republic of Kazakhstan, shall be resolved in accordance with the norms of international law.

Article 7. The Effect of Criminal Law with Regard to Persons Who Committed a Crime Outside of the Boundaries of the Republic of Kazakhstan

1. Citizens of the Republic of Kazakhstan who committed a crime outside of the boundaries of the Republic of Kazakhstan shall be subject to criminal liability in accordance with the present Code, if a given act which was committed is recognised as a crime on the territory of a state where it was committed, and if those persons were not convicted in that other state. In case of conviction of said persons, punishment may not exceed the upper limit of the sanction which is stipulated by law of the state on the territory of which a given crime was committed. Stateless persons shall bear liability on the same bases.

2. Former conviction, and other criminal-legal consequences of the commission by a person of a crime on the territory of another state, shall not have criminal-legal significance for deciding on the issue of criminal liability of that person for a crime committed on the territory of the Republic of Kazakhstan, unless it is otherwise stipulated by an international treaty of the Republic of Kazakhstan, or when a given crime committed on the territory of another state did not concern the interests of the Republic of Kazakhstan.

3. Military servicemen of military units of the Republic of Kazakhstan located outside its boundaries shall bear criminal liability in accordance with the present Code for crimes committed on the territory of another state, unless it is otherwise stipulated by an international treaty of the Republic of Kazakhstan.

4. Foreigners who committed crimes outside of the boundaries of the Republic of Kazakhstan shall be subject to criminal liability in accordance with the present Code in cases in which a given crime was directed against the interests of the Republic of Kazakhstan, and in cases stipulated by an international treaty of the Republic of Kazakhstan, if those foreigners were not convicted in that other state, and are brought to criminal liability on the territory of the Republic of Kazakhstan.

Article 8. Extradition of Persons Who Committed a Crime

1. Citizens of the Republic of Kazakhstan who committed a crime on the territory of another state shall not be subject to extradition to that other state, unless it is otherwise established by international treaties.

2. Foreigners and stateless persons who committed a crime outside of the boundaries of the Republic of Kazakhstan, who are on the territory of the Republic of Kazakhstan, may be extradited to another state to be brought to criminal liability, or to serve punishment in accordance with an international treaty of the Republic of Kazakhstan.

Section II. A Crime

Article 9. The Concept of a Crime

1. A committed publicly dangerous act (or a failure to act) for which someone is found culpable, and which is prohibited by the present Code, under the threat of legal punishment, shall be recognised as a crime. Application of criminal law by analogy shall not be allowed.

2. Those acts or failures to act shall not be considered crimes which, though formally containing the elements of an act stipulated by the Special Part of the present Code, but by virtue of their insignificance do not present a public danger, that is, which did not cause any harm, and did not create a threat of causing harm to a person, society, or the state.

Article 10. Categories of Crimes

1. Acts stipulated by the present Code, depending on the character and degree of public danger involved, shall be divided into crimes of lesser gravity, crimes of medium gravity, grave crimes, and especially grave crimes.

2. Deliberate acts, for the commission of which the maximum punishment stipulated by the present Code does not exceed two years of deprivation of freedom, shall be categorised as crimes of lesser gravity, as well as negligent acts for which the maximum punishment stipulated in the present Code does not exceed five years of imprisonment.  

3. Deliberate acts for the commission of which the maximum punishment stipulated in the present Code does not exceed five years of deprivations of freedom, shall be categorised as crimes of medium gravity, as well as negligent acts for which punishment is stipulated in the form of imprisonment for a period of more than five years.

4. Deliberate acts for the commission of which the maximum punishment stipulated in the present Code does not exceed twelve years of imprisonment shall be categorised as grave crimes.

5. Deliberate acts for the commission of which the present Code stipulates punishment in the form of imprisonment for a period of more than twelve years or capital punishment, shall be categorised as especially grave crimes.

Article 11. Repetition of a Crime

1. The commission of two or more acts stipulated by one and the same article or part of the Special Part of the present Code shall be considered to be repetition of a crime.

2. The commission of two or more crimes stipulated by different articles of the Special Part of the present Code, may be recognised as repetition of a crime only in cases which are specially indicated in the present Code.

3. A crime shall not be recognised as committed repeatedly if, for a crime committed earlier, a given person was released from criminal liability through the procedure established by law, or when a former conviction was cancelled or exculpated, or if the limitation periods expired for holding the convicted liable for such a crime.

4. A crime shall not be considered a repeated one, which is continuous, that is, a crime which consists of a chain of the same criminal acts which are united by a single design and purpose, and which form one crime.

5. In cases in which the repetition of a crime is stipulated by the present Code as a circumstance which entails a stricter punishment, then crimes committed by a given person shall be qualified in accordance with the relevant part of a given article which stipulates punishment for repetition of a crime in the Special Part of the present Code.

Article 12. Cumulative Crimes

1. A cumulative crime shall be recognised as the commission of two or more acts stipulated by different articles or parts of a given article of the present Code, for neither of which a person was convicted, or released from criminal liability, on the bases stipulated by law. In case of a cumulative crime, a person shall bear criminal liability for each committed crime under the relevant article or a part of a given article of the present Code, unless the indications of the committed acts are covered by the provision of one Article or part of Article of this Code, which provides for a stricter punishment.

2. A cumulative crime shall mean one act (failure to act) which contains elements of crimes stipulated by two or more articles of the present Code. In the case of such combination of crimes the person shall be held criminally responsible for each crime in accordance with the relevant Articles of this Code, unless the indications of one committed act are covered by a provision of one Article of this Code, which provides for a stricter punishment for another act.

3. If one and the same act falls under the signs of the general and special norms of the relevant articles of the present Code, then there is no cumulative crime, and criminal liability shall arise under that article of the Special Part of the present Code which contains a special norm.

Article 13. Criminal Recidivism

1. The commission of a deliberate act by a person who has a previous conviction for a past deliberate crime shall be recognised as criminal recidivism.

2. Criminal recidivism of crimes shall be considered dangerous:

3. Criminal recidivism shall be recognised as especially dangerous:

4. Convictions of crimes committed by a person under the age of eighteen shall not be taken into account in the recognition of criminal recidivism, as well as sentences served or exculpated through the procedure established by the present Code.

5. Recidivism of crimes shall entail a stricter punishment on the basis and within limits stipulated by the present Code.

Article 14. Persons Who Are Subject to Criminal Liability

1. Only a sane person who reached the age established by the present Code shall be subject to criminal liability.

2. Persons who committed crimes shall be equal before law, regardless of their origin, social, official, and property status, sex, race, nationality, language, religious attitude, persuasions, membership in public organizations, place of residence, or any other circumstances.

Article 15. The Age from Which Criminal Liability Arises

1. A person shall be subject to criminal liability who reached sixteen years of age by the time of the commission of a given crime.

2. Persons, who reached fourteen years of age by the time of the commission of a crime, shall be subject to criminal liability for murder (Article 96), deliberate causation of serious damage to health (Article 103), deliberate causation of medium gravity damage to health under aggravated circumstances (Article 104, the second part), rape (Article 120), forcible acts of a sexual character (Article 121), kidnapping (Article 125), theft (Article 175), robbery (Article 178), brigandage (Article 179), extortion (Article 181), illegal occupation of an automobile or other transport vehicle without the purpose of theft under aggravated circumstances (Article 185, the second, third, and fourth parts), deliberate destruction or damage to property under aggravating circumstances (Article 187, the second and third parts), terrorism (Article 233), capture of a hostage (Article 234), deliberately false notice of an act of terrorism (Article 242), theft or extortion of arms, ammunition, explosive materials, and explosion devices (Article 255), hooliganism under aggravating circumstances (Article 257, the second and third parts), vandalism (Article 258), theft or extortion of drugs or psychotropic substances (Article 260), desecration of the bodies of the deceased and places of burial under aggravated circumstances (Article 275, the second part), and deliberate spoilage of transport vehicles or communications ways (Article 299).

3. If a minor reached the age stipulated in the first and second parts of this Article, but during the commission of a lesser or medium gravity crime, due to lagging behind in psychical development which is not associated with a mental disorder, could not be fully aware of the actual character or public danger of his acts (omission of acts), or could not guide them, then he shall not be subject to criminal liability.

Article 16. Insanity

1. A person shall not be subject to criminal liability who, during the commission of a publicly dangerous act stipulated by the present Code, was in a state of insanity, that is could not be aware of the actual character and public danger of his acts (failure to act), or guide them, as a consequence of a chronic mental disease, temporary psychic disorder, feeblemindedness, or other morbid state of mind.

2. With regard to a person who was recognised as insane, a court may apply compulsory measures of a medical character stipulated by the present Code.

Article 17. Criminal Liability of Persons with a Mental Disorder Which Does Not Exclude Sanity

1. A sane person who, during the commission of a crime, due to a mental disorder, could not fully be aware of the actual character and public danger of his acts (omission of acts) or guide them, shall be subject to criminal liability.

2. A mental disorder which does not exclude sanity shall be taken into consideration by a court when appointing punishment, and may serve as a basis for the appointment of compulsory measures of a medical character stipulated by the present Code.

Article 18. Criminal Liability of Persons Having Committed a Crime in a State of Alcoholic Inebriation

A person who committed a crime in a state of inebriation caused by the consumption of alcohol or other intoxicating substances, shall not be exempt from criminal liability.

Article 19. Guilt

1. A person shall be subject to criminal liability only for those publicly dangerous acts (or a failure to act), and those publicly dangerous consequences emerged, with regard to which his guilt was established.

2. Objective incrimination, that is, criminal liability for the non-guilty causation of damage, shall not be allowed.

3. Only a person who committed a given act deliberately or by negligence shall be recognised as guilty in a given crime.

4. An act which was committed by negligence shall be recognised as a crime only in the case in which it is specially stipulated by the relevant article of the Special Part of the Code.

Article 20. A Crime Committed Deliberately

1. A crime which was committed with direct or indirect intent shall be considered a deliberate crime.

2. A crime shall be recognised as an act committed with direct criminal intent, if a person was aware of public danger of his acts (omission of acts), foresaw a possibility or inevitability of publicly dangerous consequences, and disregarded their emergence.

3. A crime shall be recognised as an act committed with indirect intent, if a person was aware of the public danger of his acts (omission of acts), foresaw a possibility of the emergence of publicly dangerous consequences, did not desire but consciously admitted the possible emergence of such circumstances, or had an indifferent attitude towards them.

Article 21. A Crime Committed by Negligence

1. An act committed due to willful disregard of danger or neglect shall be recognised as a crime of negligence.

2. A crime shall be recognised as committed due to willful disregard of danger to others, if a person foresaw a possibility of the emergence of publicly dangerous consequences of his acts (omission of acts), but, without sufficient basis, light-mindedly counted on the prevention of those consequences.

3. A crime shall be recognised as an act committed by neglect, if a person did not foresee a possibility of the emergence of publicly dangerous consequences of his acts (omission of acts), though, with due care and forethought, must have and could have foreseen those consequences.

Article 22. Liability for Crimes Committed with Two Forms of Guilt

If, as a result of the commission of a deliberate crime, serious consequences are caused which entail a stricter punishment under the law, and which were not designed by the intent of a given person, then criminal liability for such consequences shall arise only in the case in which a person foresaw the possibility of their emergence, but, without the sufficient bases, presumingly counted on their prevention, or in the case in which a person did not foresee, but must have and could have foreseen a possibility of the emergence of those consequences. In general such a crime shall be considered to have been committed deliberately.

Article 23.  Causation of Damage Without Guilt

1. An act shall be recognised as committed without guilt, if acts (their omission) and the emerged publicly dangerous consequences were not intended by a given person, and criminal liability for the commission of such an act, and for the causation of publicly dangerous circumstances, by negligence is not stipulated by the present Code.

2. An act shall be recognised as committed without guilt, if a person having committed it was not aware, and under the circumstances of a given case could not have been aware, of the public danger of his actions (their omission), or did not foresee a possibility of the emergence of publicly dangerous consequences and, under the circumstances of a given case, must not have or could not have foreseen them. An act shall also be recognised as committed without guilt, if a person who has foreseen while committing it the emergence of publicly dangerous consequences, counted on their prevention with sufficient bases, or could not prevent those consequences by virtue of a discrepancy between his psychophysiological characteristics and the demands of extreme conditions, or a nervous-mental overburdening.

Article 24. Preparation for a Crime and an Attempted Crime

1. The search for, making, or adjustment of means or instruments of a crime which were carried out with direct intent, the search for partners, collusion to commit a crime, or other deliberate creation of conditions for the commission of a crime, shall be recognised as preparation for a crime, if, in this case a crime was not consummated due to circumstances which did not depend on the will of a given person.

2. Criminal liability shall emerge only for preparation for a grave or especially grave crime.

3. Acts (their omission) which are carried out with direct intent, and which are aimed directly at the commission of a crime, shall be recognised as an attempted crime, if, in this case, a given crime was not consummated due to circumstances which did not depend upon the will of a given person.

4. Criminal liability shall emerge only for an attempted crime of medium gravity, grave or especially grave crime.

5. Criminal liability for preparation for a crime, and for an attempted crime shall arise under the same article of the present Code, that is for a consummated crime, with a reference to the relevant part of a given article.

Article 25. A Consummated Crime

A crime shall be considered consummated if, in an act committed by a given person, contains all the elements of a legally defined crime stipulated by the present Code.

Article 26. Voluntary Refusal to Commit a Crime

1. Termination by a person of preparatory actions, or the termination of an act (its omission) directly aimed at the commission of a crime, shall be recognised as a voluntary refusal to commit a crime, if a person was aware of a possibility to consummate a given crime. A person shall not be subject to criminal liability for a crime, if he voluntary and decisively refused to consummate a given crime.

2. A person who voluntary refused to consummate a crime, shall be subject to criminal liability only in the case in which an act actually committed by him contains another legally defined crime.

3. An organizer of a crime and an abettor to a crime shall not be subject to criminal liability, if they prevented the consummation of a given crime by its performer by communication to the state bodies, or by other undertaken measures. An accomplice in a crime shall not be subject to criminal liability, if, prior to the consummation of a given crime by its performer, he refuses to render collaboration which was earlier promised, or eliminates the results of assistance already rendered.

4. If acts of an organizer or abettor which are indicated in the third part of this Article did not lead to the prevention of a given crime by its performer, then measures undertaken by them shall be recognised by a court as mitigating circumstances when appointing punishment.

Article 27. The Concept of Complicity in a Crime

Deliberate joint participation of two or more persons in the commission of a deliberate crime shall be recognised as criminal complicity.

Article 28. Types of Accessories in a Crime

1. Along with a performer of a given crime, an organizer, abettor, and accomplice shall be recognised as accessories in a crime.

2. An organizer shall mean a person who directly committed a given crime, or who directly participated in its commission, together with other persons (co-performers), as well as a persons who committed a crime by way of using other persons who are not subject to criminal liability due to their age, insanity, or other circumstances, stipulated by the present Code, as well as by way of using persons who committed a given act by negligence.

3. A person shall be recognised as an organizer who organized the commission of a given crime, or who guided its execution, as well as a person who created an organized criminal group, or a criminal association (criminal organization), or a person who managed them.

4. A person shall be recognised as an abettor who inclined another person to the commission of a given crime by way of persuasion, subornation, threat, or by any other method.

5. A person shall be recognised as an accomplice who co-operated in the commission of a crime by advice, instructions, granting of information, instruments, or means for the commission, or by elimination of the impediments for the commission of a crime, as well as a person who promised in advance to conceal a criminal, instruments, or other means of the commission of a given crime, traces of a crime, or objects acquired by criminal means, as well as a person who earlier promised to acquire or to purchase such objects.

Article 29. Liability of Accessories in a Crime

1. Criminal liability of accessories in a crime shall be determined by the character and degree of participation of each of them in the commission of a given crime.

2. Co-performers shall bear liability in accordance with one and the same article of the present Code for a crime jointly committed by them, without reference to Article 28 of the present Code.

3. The liability of an organizer, abettor, and accomplice, shall arise under an article which stipulates punishment for the commission of a crime, with reference to Article 28 of the present Code, except for the cases in which they simultaneously were co-performers of a given crime.

4. In case a given crime was not consummated by its performer due to circumstances which were not dependent on him, the remaining accessories shall bear liability for complicity in preparation for the commission of that crime, or for an attempted crime. For preparation for an offense, criminal liability shall also be borne by a person who did not succeed in abetting other persons to the commission of a crime, due to circumstances which were not dependent on him.

5. A person who is not a performer or an accessory in a given crime that is specially indicated in the relevant article of the Special Part of the present Code, but who participated in the commission of a crime stipulated by that relevant article, shall bear criminal liability for that crime as his organizer, abettor, or accomplice.

Article 30. Excess of a Co-Participant in a Crime

The commission by a person of a crime which was not covered by the intent of other co-participants shall be recognised as an excess of a co-participant. Other participants in a given crime shall not be subject to criminal liability for an excess.

Article 31. The Forms of Complicity in a Crime

1. A crime shall be recognised as committed by a group of persons, if two or more performers jointly participated in its commission without preliminary collusion.

2. A crime shall be recognised as committed by a group of persons under preliminary collusion, if the persons who participated in it earlier agreed on joint commission of a given crime.

3. A crime shall be recognised as committed by an organized group, if it is committed by a stable group of persons who earlier united for the commission of one or several crimes.

4. A crime shall be recognised as committed by a criminal association (criminal organization), if it is committed by a united organized group (organization) which is created for the commission of grave or especially grave crimes, or by an association of organized groups created for the same purposes.

5. A person who created an organized group or a criminal association (criminal organization), or who guided them, shall be subject to criminal liability for their organization and guidance in cases stipulated by the relevant articles of the Special Part of the present Code, as well as for all crimes which were committed by a given organized group or a criminal association (criminal organization), if those crimes were covered by his criminal intent. Other participants of an organized group or a criminal association (criminal organization) shall bear criminal liability for participation in them in cases stipulated by the relevant articles of the Special Part of the present Code, as well as for crimes in preparation or the commission of which they participated.

6. The creation of an organized group in cases, which are not stipulated by articles of the Special Part of the present Code, shall entail criminal liability for preparation for those crimes for the commission of which it was created.

Article 32. Necessary Self Defence

1. The causation of damage to an assaulting person in one's own defence shall not be considered a crime, that implies cases of the protection of a person, housing, property, land plot, and other rights of a defending person and of other persons, as well as the interests of the society or the state protected by law, from publicly dangerous assault, by way of the causation of damage to an assaulting person, if the limits of necessary defence were not exceeded.

2. All persons in equal measure shall have the right to necessary self-defence, regardless of their professional or other special training, or official position. This right shall belong to a person regardless of whether it is possible to avoid a publicly dangerous assault, or to appeal for help to other persons or state bodies.

3. An obvious discrepancy between measures taken in self-defence and the character and degree of public danger of an assault, as a result of which a given attacker was caused obviously excessive damage, which was not justified by a given situation, shall be recognised as an excess of the limits of necessary self-defence. Such excess shall entail criminal liability only in cases of deliberate causation of harm.

Causation of harm to a person who attempts to kill a person, or when deterring another encroachment associated with the use or an attempt to use arms, shall not be recognised as excess of the limits of necessary defence.

Article 33. The Causation of Damage When Detaining a Person Having Committed an Assault

1. The causation of damage to a person having committed a crime, when detaining him in order to deliver him to the state bodies, and to stop the possibility of the commission by him of new assaults, shall not be considered a crime, if it was not possible to detain that person by other means, and if no excess was allowed of the measures necessary for that purpose.

2. An excess of the measures necessary for a detention of a person having committed an assault shall mean an obvious disparity between the character and degree of public danger of an offense committed by a detained person and the circumstances of the detention, when obviously excessive damage is caused to a person without necessity, which is not justified by a given situation. Such an excess shall entail criminal liability only in cases of deliberate causation of damage.

3. Along with persons who are specially authorised to detain, the right to detain a person having committed an assault shall also belong to victims and other citizens.

Article 34. Extreme Necessity

1. It shall not be considered a crime to inflict damage upon the interests protected by the present Code in a situation of extreme necessity, that is, in order to eliminate a danger which directly threatens the life, health, the rights and legitimate interests of a given person or of other persons, as well as the interests of the society, if such a danger could not have been eliminated by other means, and if the limits of extreme necessity were not exceeded.

2. An exceeding of the limits of extreme necessity shall mean the causation of damage which obviously does not conform to the character and degree of threatened danger and the situation in which the danger was eliminated, when damage was inflicted upon interests which is equal to or exceeds the prevented damage. Such an excess shall entail liability only in cases of deliberate infliction of damage.

Article 34-1. The Performance of Operative-Investigative Measures

1. The act committed in the course of the performance of operative-investigative measures in accordance with the law by an employee of the authorised state body or pursuant to the instructions of such body by another person who collaborates with that body, shall not be recognised as a crime that caused harm to the interests protected by this Code, provided that act was committed for the purpose of prevention, detection, exposure or investigation of the crimes committed by a group of persons on a preliminary collusion, by an organised group or criminal community (criminal organisation), as well as if the harm caused to legally protected interests is less significant than the harm which is caused by said crimes, and if their prevention, exposure or investigation, and equally the exposure of those who are guilty of commission of crimes could not be carried out in any other manner.

2. The provisions of the first part of this Article shall not apply to the persons who committed acts related to threat of lives or health of people, ecological disaster, public calamity or other grave consequences.

Article 35. Justifiable Risk

1. The causation of damage to the interests protected by the present Code shall not be considered a crime in case of a justifiable risk for the achievement of a publicly useful goal.

2. Risk shall be recognised as justifiable if a said goal could not have been achieved by actions (their omission) not associated with the risk, and if a person who admitted a risk undertook sufficient measures for the prevention of damage to the interests protected by the present Code.

3. Risk shall be considered to be justifiable if it was directly associated with a threat to people's life or health, of ecological catastrophe, social disaster, or other serious consequences.

Aticle 36. Physical or Psychic Coercion

1. The causation of damage to interests protected by the present Code as a result of physical coercion shall not be considered a crime, if as a consequence of such coercion a person could not control his actions (their omission).

2. The issue of criminal liability for the causation of damage to interests protected by the present Code as a result of physic coercion, as well as as a result of physical coercion, as a consequence of which a given person retained the possibility to guide his actions, shall be resolved subject to provisions of Article 34 of the present Code.

Article 37. The Execution of an Order or an Instruction

1. The causation of damage to interests protected by the present Code by a person who acted in pursuance of an order or instruction obligatory for him shall not be considered a crime. Criminal liability for the causation of such damage shall be borne by a person who issued an illegal order or instruction.

2. A person having committed a deliberate crime in pursuance of an inherently illegal order or instruction, shall bear criminal liability on general bases. Non-execution of a deliberately illegal order or instruction shall exclude criminal liability.

Section III. Punishment

Article 38. The Concept and Purposes of Punishment

1. Punishment shall be a measure of state coercion which is appointed pursuant to a court's sentence. Punishment shall apply to a person who was found guilty in the commission of a crime, and it shall consist of imprisonment or restriction of the rights and freedoms of that person which are stipulated by the present Code.

2. Punishment shall apply for the purpose of restoration of social justice, as well as correction of a given convict, and prevention of the commission of new crimes both by that convict and by other persons. Punishment shall not have as its purpose the infliction of physical sufferings or humiliation upon human dignity.

Article 39. Types of Punishment

1. Persons who were found guilty in the commission of a crime may be subject to the following types of punishment:

2. Aside from main types of punishment, convicts may be subjected to the following additional types of punishment:

3. A fine and deprivation of the right to hold a certain position, or to engage in a certain type of activity and attraction to public labour, may be applied either as principal or additional types of punishment.

Article 40. A Fine

1. A fine shall mean a monetary exaction appointed within the limits stipulated by the present Code, in an amount corresponding to a certain quantity of monthly assessment indices as established by legislation, which are current at the moment of the appointment of a given punishment, or in the amount of wages or other income of a given convict for a certain period, as of the moment of the commission of a crime by him.

2. A fine shall be appointed within the limits from twenty-five up to twenty thousand monthly assessment indices, as established by legislation of the Republic of Kazakhstan, or in the amount of wages or income of a given convict for a period from two weeks up to one year. The amount of a fine shall be determined by a court subject to gravity of a given crime committed, and property status of a given convict.

3. A fine as an additional type of punishment may be appointed only in cases stipulated by the relevant articles of the Special Part of the present Code.

4. In case of malignant evasion from payment of a fine which was appointed as a principal type of punishment, it shall be replaced for labour in public works, correctional labour, or an arrest, the length of which shall be calculated as follows: one month of correctional labour, or eighty hours of engagement in public labour, or ten days of arrest, for the amount of a given fine accordingly, to threefold the amount of a monthly calculation base, in compliance with the rules stipulated by Articles 42, 43, and 46 of the present Code.

Article 41. Deprivation of the Right to Hold Certain Position or Engage in Certain Activity

1. Deprivation of the right to hold a certain position or to engage in a certain type of activity, shall consist in prohibition to hold certain positions at the state service, in the local government bodies, or to engage in certain professional or other activities.

2. Deprivation of the right to hold certain positions or to engage in certain types of activity shall be established for a period from one year to five years as a principal type of punishment and for a period from six months up to three years as an additional type of punishment.

For the commission of corruption crimes, deprivation of the right to hold certain positions or to engage in certain types of activity shall be established for a period from three to ten years as a principal type of punishment and for a period from one year to seven years as an additional type of punishment.

Note. Crimes specified in paragraph d) of the third part of Article 176, paragraph a) of the third part of Article 193, paragraph a) of the third part of Article 209, Article 307, paragraph c) of the fourth part of Article 308, ArticleS 310-315, Article 380 of this Code, shall be recognised as corruption crimes.

3. Deprivation of the right to hold certain positions or to engage in a certain types of activity as an additional type of punishment may be also appointed in the case in which it is not stipulated by the relevant article of the Special Part of the present Code as punishment for the relevant crime, if, subject to the character and degree of public danger of a committed crime, and personality of the convict, a court recognises it as impossible for him to retain the right to hold certain positions, or to engage in certain types of activity.

4. In appointment of this punishment as an additional to restriction of freedom, arrest, detention in a disciplinary military unit, or deprivation of freedom, it shall apply for the entire time of serving said main types of punishment, but, in this respect, its term shall be calculated from the moment serving begins. In case of appointment of deprivation of the right to hold certain positions or to engage in a certain types of activity as an additional type of punishment to the other main types of punishment, as well as in a case of a suspended conviction, its term shall be calculated from the moment of the entering of a given sentence into legal force.

Article 42. Involvement in Public Works

1. Public works shall consist in the performance without compensation by a convict, in the time free from his work or studies, of publicly useful works, the type of which shall be defined by local executive bodies or local self-government bodies.

2. Public works shall be established for a period from sixty up to two hundred and forty hours, and shall be performed for not longer than four hours per week. In case of a malicious escape from participation in public works, they shall be replaced by restriction of freedom arrest or deprivation of freedom within the limits of a period stipulated by Articles 45 and 46 and 48, accordingly. In this respect, the time during which a convict served in public works shall be taken into account, as one day of restriction of freedom arrest or deprivation of freedom for four hours of public works.

3. Engagement in public works may not be sentenced upon military servicemen, women over fifty years of age, and men over sixty, pregnant women, as well as women having children up to three years, and the disabled of group one and two.

Article 43. Correctional Labour

1. Correctional labour shall be appointed for a period from two months up to two years, and shall be served in the place of work of a given convict.

2. From wages of a convict earned from correctional labour, withholdings shall be made to the revenues of the state in the amount established by a court's sentence, within the limits from five to twenty five percent.

3. Correctional labour may not be sentenced upon persons who are recognised as incapable of work, who do not have permanent work, or who study in educational institutions with their work being discontinued. Instead of correctional labour, a court may exact upon such persons a fine calculated as follows: the amount of a fine equal to one monthly calculation base established by legislation for one month of correctional labour, if a sanction of the relevant article of the Special Part of the present Code does not stipulate punishment in the form of a fine. A court may also replace correctional labour with a fine, if indicated circumstances arose during the period of serving punishment.

4. In case of a malicious evasion of serving a term of punishment by a person sentenced to correctional labour, a court may replace an unserved term of correctional labour with a punishment in the form of restriction of freedom, arrest, or deprivation of freedom for the same period.

Article 44. Restriction in Military Service

1. Restriction in military service shall be sentenced upon convicted military servicemen who undergo military service under a contract, as well as officers who undergo military service under draft, for a period from three months up to two years in cases stipulated by relevant articles of the Special Part of the present Code for the commission of crimes against military service, as well as to convicted military servicemen who undergo military service under a contract, instead of correctional labour stipulated by the relevant articles of the Special Part of the present Code.

2. From a monetary allowance of a convict sentenced to restriction in military service, withholdings shall be made to the revenues of the state in the amount established by a court's sentence, but not more than twenty percent. During the time of serving this punishment, a convict may not be promoted to a higher office or military rank, and a period of punishment shall not be included into the length of service for a conferment of a next military rank.

Article 45. Restriction of Freedom

1. Restriction of freedom shall consist in imposition on the person convicted by the court of certain duties which restrict his freedom and it shall be endured in the place of his residence under the supervision of the specialised body without isolation from the society for a period from one year up to five years. In the case of replacement of another punishment (engaging in public work or correctional labour) with restriction of freedom, it may be prescribed for a period less than one year.

The court when prescribing a punishment in the form of restriction of freedom shall impose upon the convict the performance of the following duties: not to change the permanent place of residence, work and training without a notice to the specialised authorities, not to visit certain places, during the time which is free of school and work not to leave the place of residence, not to depart for other areas without a permit from the specialised authority. The court may also impose upon a person sentenced to restriction of freedom, the performance of other duties which assist his correction:  to undergo a course of medical treatment from alcoholism, drug addiction, toxicomania, sexually-transmitted diseases, to carry out material support of the family.

2. In the case of malicious evasion of endurance of punishment by a person sentenced to restriction of freedom, the court may replace the unserved term of restriction of freedom with a punishment in the form of deprivation of freedom for the same period. In that respect the period of enduring the restriction of freedom shall be reckoned towards the period of deprivation of freedom on the basis of one day of deprivation of freedom for one day of restriction of freedom.

3. Restriction of freedom shall not apply to the persons who have court sentences for the commission of a grave and especially grave crime, to military servicemen, as well as to persons who have no permanent place of residence.

4. During the period of enduring a sentence in the form of restriction of freedom, the court pursuant to the proposal of the body which carries out the supervision of the convict's behaviour, may fully or partially cancel the duties previously imposed upon the convict.

Article 46. Arrest

1. Arrest shall consist of the detention of a convict under conditions of strict isolation from the society for the entire period of the appointed punishment.

2. Arrest shall be established for a period of one month up to six months. In case of a substitution of engagement in public works or correctional labour, or a fine, for an arrest, it may be appointed for a period of less than one month.

3. Arrest shall not apply to persons who did not reach sixteen years eighteen years of age by the moment of the passing of a sentence, as well as to pregnant women and women who have minor children.

4. Military servicemen shall serve an arrest in a guard-house.

Article 47. Detention in a Disciplinary Military Unit

1. Detention in a disciplinary military unit shall be sentenced upon military servicemen who undergo military service as enlisted men, as well as those who undergo it under a contract, holding rank-and-file positions or positions of non-commissioned officers, if they, as of the moment of the passing by a court of a sentence, have not served the term of service as draftees as established by law. This punishment shall be sentenced for a period from three months up to two years in cases stipulated by the relevant articles of the Special Part of the present Code for the commission of military crimes, as well as in cases in which a court, taking into consideration the circumstances of a given case, and the personality of a convict, deems it expedient, instead of deprivation of freedom for a period of not more than two years, to sentence the convicted to detention in a disciplinary military unit for the same period. Detention in a disciplinary military unit, instead of deprivation of freedom, may not be sentenced upon persons who earlier served punishment in the form of deprivation of freedom.

2. In case of detention in a disciplinary military unit instead of deprivation of freedom, a period of detention in a disciplinary military unit shall be calculated on the basis of one day of deprivation of freedom for one day of detention in a disciplinary military unit.

Article 48. Deprivation of Freedom

1. Deprivation of freedom shall consist of isolation of a given convict from society by way of sending him to a settled colony, or his placement in a penitentiary settlement of a general, strict, or special regime, or into a jail.

2. Persons convicted and sentenced to deprivation of freedom, who did not reach eighteen years of age by the moment of passing of a sentence, shall be sent to educational colonies of a general or reinforced strict regime.

3. Deprivation of freedom for the commission of crimes stipulated by the present Code, shall be established for a period from six months up to fifteen years, and for especially grave crimes indicated in the first part of Article 49 of the present Code, up to twenty years or for a life-time. For crimes of negligence, a term of deprivation of freedom may not exceed ten years. In case of a substitution of compulsion to do public work, of correctional labour or restriction of freedom for deprivation of freedom, it may be established for a period of less than six months. In case of a partial or complete addition of terms of deprivation of freedom, when establishing punishments for a cumulative crime, as well as in cases stipulated by the third part of Article 49, the fifth part of Article 69, and the fourth part of Article 75 of the present Code, the maximum term of deprivation of freedom may not exceed twenty-five years, and thirty years in case of a cumulative crime.

4. Life-time deprivation of freedom shall be established only as an alternative for capital punishment for the commission of especially grave crimes which infringe upon life, and it may be established in cases in which a court decides not to apply capital punishment. Life-time deprivation of freedom shall not be sentenced upon women, as well as to persons having committed a crime under the age of eighteen, and men who reach the age of sixty five by the moment of passing of a given sentence.

5. The serving of deprivation of freedom shall be sentenced upon the following:

6. For persons convicted and sentenced to deprivation of freedom for a period of more than five years for the commission of especially grave crimes, as well as in case of especially dangerous criminal recidivism, punishment may be established with serving of a part of their term in a jail, but not longer than for five years.

7. A change of the type of correctional institution established by a sentence shall be carried out by a court in accordance with criminal-executory legislation of the Republic of Kazakhstan.

Article 49. Capital Punishment

1. Capital punishment, that is a sentence to be shot, as an exceptional form of punishment, may be established only for especially grave crimes infringing upon a person's life, as well as for crimes committed in war time, or in a combat situation, high treason, crimes against the peace and safety of mankind, and especially grave military crimes.

2. Capital punishment shall not be sentenced upon women, as well as persons who committed a crime under the age of eighteen, and men who reached the age of sixty-five by the moment of passing of a sentence by a court.

3. In the event that the President of the Republic of Kazakhstan introduces a moratorium on the execution of death penalty, the execution of a death sentence shall be suspended for the effective period of a moratorium.

4. A sentence of death shall be executed not earlier than upon the expiration of one year from the moment of its entering into force, as well as not earlier than upon the expiration of one year after the abolition of a death penalty moratorium.

5. In the procedure of a pardon, the death penalty may be replaced with a life imprisonment or with deprivation of freedom for a period of a twenty five years of enduring the punishment at a correction colony of special regime. Persons sentenced to death penalty shall, in the event of abolition of a death penalty moratorium have the right to petition for pardon, irrespective of whether or not they petitioned for that prior to the introduction of a moratorium.

Article 50. Deprivation of Special, Military, or Honorary Rank, Class Rank, Diplomatic Rank, Qualification Class, and State Awards

1. In case of a conviction for the commission of a grave or especially grave crime, subject to the personality of a given convict, a court may deprive him of an honorary, military, special, or other rank, class rank, diplomatic rank, or qualification class.

2. In case of conviction for the commission of a grave or especially grave crime of a person who has state awards of the Republic of Kazakhstan, or an honorary, military, special, or other rank, class rank, diplomatic rank, or a qualification class, which were awarded by the President of the Republic of Kazakhstan, a court, when passing a sentence, shall decide on the issue of the expediency of the submission to the President of the Republic of Kazakhstan of a recommendation to deprive a given convict of those awards, ranks, class rank, diplomatic rank, or a qualification class.

Article 51. Forfeiture of Property

1. Forfeiture of property shall mean the forcible seizure of all or a part of the property which is in the ownership of a given convict, to the ownership of the state, without compensation.

2. Forfeiture of property shall be established for mercenary crimes, and it may be sentenced only in the cases stipulated by the relevant articles of the Special Part of the present Code.

3. Property shall not be subject to forfeiture which is necessary for the convict or his dependents, in accordance with the list stipulated by the criminal-executory legislation.

Section IV. Establishment of Punishment

Article 52. General Bases For Establishing Punishment

1. A person who was recognised as guilty in the commission of a crime, shall be appointed a just punishment within the limits established by the relevant article of the Special Part of the present Code, and subject to provisions of the General Part of the present Code.

2. A person who committed a crime must be sentenced with a punishment necessary and sufficient for his correction and the prevention of new crimes. A stricter type of punishment from those stipulated for a given crime committed shall only be appointed in case a lesser punishment can not provide for the achievement of the goals of punishment. A stricter punishment for a committed crime than that stipulated by the relevant articles of the Special Part of the present Code may be established in a case of a cumulative crime in accordance with Articles 58 and 60 of the present Code. The bases for establishing a lesser punishment for a committed crime than that which is stipulated by the relevant articles of the Special Part of the present Code shall be defined by Article 55 of the present Code.

3. When establishing punishment, the character and degree of public danger of a given crime shall be taken into consideration, as well as the personality of a convict, including his behavior prior to and after the crime, circumstances which aggravate and mitigate liability and punishment, and the influence of the established punishment upon the correction of a given convict, and upon the conditions of life of his family or persons dependent on him.

Article 53. Circumstances Which Mitigate Criminal Liability and Punishment

1. The following shall be recognised as circumstances which mitigate criminal liability and punishment:

2. When establishing punishment, circumstances which are not indicated in the first part of this Article may also be taken into consideration as mitigating factors.

3. If a mitigating circumstance is stipulated by the relevant article of the Special Part of the present Code as an attribute of a crime, it may not be in itself repeatedly taken into consideration when establishing punishment.

4. When there are the mitigating circumstances as specified in paragraphs e) j) of the first part of this Article and there are not aggravating circumstances, the period or scale of the punishment in the case of commission of a crime of lesser or medium gravity may not exceed a half, in the case of commission of a grave crime two thirds, in the commission of a specially grave crime three fourths of the maximum term or scale of the most severe type of punishment as specified in the relevant Article of the Special Part of this Code.

Article 54. Circumstances Which Aggravate Criminal Liability and Punishment

1. The following shall be recognised as circumstances which aggravate criminal liability and punishment:

2. If a circumstance, which is indicated in the first part of this Article, is stipulated by the relevant article of the Special Part of the present Code as an element of a crime, it may not be again taken into consideration as a circumstance aggravating liability and punishment.

3. When establishing punishment, a court may not recognise as aggravating circumstances which are not indicated in the first part of this Article.

Article 55. Establishing a Lesser Punishment Than It Is Stipulated for a Given Crime

1. In cases in which there are exceptional circumstances which are associated with goals and motivations of a given act, the role of a convict, his behaviour during or after the commission of a crime, and other circumstances, which considerably lessen the degree of public danger of a given act, as well as in case of active contribution of a participant in a group crime to the disclosing of other crimes committed by that group, punishment may be established lower than the minimum stipulated by the relevant article of the Special Part of the present Code, or a court may establish a milder type of punishment than it is stipulated by a given article, or not to apply an additional type of punishment stipulated as obligatory.

2. Both separate mitigating circumstances and their combination may be found as exceptional.

Article 56. Establishing Punishment for an Uncompleted Crime

1. When establishing punishment for an uncompleted crime, circumstances shall be taken into consideration by virtue of which a given crime was not consummated.

2. A term or amount of punishment for preparation for a crime may not exceed a half of the maximum term or amount of the strictest type of punishment stipulated by the relevant article of the Special Part of the present Code for a consummated crime.

3. A term or amount of punishment for an attempted crime may not exceed three quarters of the maximum term or amount of the strictest type of punishment stipulated by the relevant article of the Special Part of the present Code for a consummated crime.

4. Capital punishment or life-time deprivation of freedom shall not be established for preparation for a crime or for an attempted crime.

Article 57. Establishing Punishment for a Crime Committed in Complicity

1. When appointing punishment for a crime committed in complicity, the character and the degree of actual participation of a person shall be taken into consideration, as well as the importance of that participation for the achievement of the goal of a given crime, its influence upon the character and amount of caused or possible damage.          

2. Circumstances which mitigate or aggravate liability and punishment, which relate to personality of one of the participants, shall be taken into consideration only when establishing punishment to this participant.

Article 58. Establishing Punishment for a Cumulative Crime

1. In case of a cumulative crime, a court, after establishing punishment (principal and additional) for each crime separately, shall determine the final punishment by way of merging of a less strict punishment by stricter one, or by way of complete or partial addition of established punishments.

2. Where a combination of crimes comprises only crimes of lesser and medium gravity, then finally the punishment shall be appointed by way of a merger of the less strict punishment with a more strict one.

3. If a cumulative crime includes grave or especially grave crimes, than final punishment shall be established by way of absorption of a less strict punishment by a more strict one or by way of  partial or complete addition of punishments. In this respect final punishment in the form of deprivation of freedom may not exceed twenty years.

4. If a cumulative crime includes even one especially grave crime, for the commission of which the present Code stipulates punishment in the form of deprivation of freedom for a period of twenty years, or capital punishment, or life-time deprivation of freedom, than final punishment shall be established by way of partial or complete addition of punishments. In this respect, final punishment in the form of deprivation of freedom may not exceed twenty five years.

5. To the principal punishment established for a cumulative crime, additional punishments may be added, which are established for crimes forming cumulation. Final additional punishment, in case of partial or complete addition, may not exceed the maximum term or amount established for a given type of punishment by the General Part of the present Code.

6. Under the same rules, punishment shall be established, if after the passing of a sentence in a given case by a court, it is established that a convict is also guilty of another crime which was committed by him prior to the passing of a sentence for the first case. In this case, punishment served under the first sentence of a court shall be taken into account within the final term of punishment.

Article 59. Establishing Punishment in Case of Criminal Recidivism

1. When establishing punishment in case of criminal recidivism, dangerous criminal recidivism, or especially dangerous criminal recidivism, the number, character, and degree of social danger of previous crimes shall be taken into consideration, as well as circumstances by virtue of which correctional impact of the previous punishment turned out to be insufficient, and the character and degree of social danger of newly committed crimes.

2. A term and amount of punishment in case of criminal recidivism may not be less than a one third  the maximum term and amount of the strictest type of punishment stipulated for a given crime, not less than one half in cases of dangerous criminal recidivism, and not less than two-thirds in case of especially dangerous criminal recidivism.

3. If an article (a part of an article) of the Special Part of the present Code contains an reference to a former conviction of a person who committed a crime as a qualifying attribute, as well as if there are exceptional circumstances stipulated by Article 55 of the present Code, then punishment in cases of criminal recidivism, dangerous criminal recidivism, or especially dangerous criminal recidivism, shall be established without taking into consideration of the rules stipulated by the second part of this Article.

Article 60. Establishing Punishment in Case of Cumulation of Sentences

1. If a convict, after the passing of a sentence, but prior to full serving of punishment, committed another crime, a court shall add, fully or partially, an unserved time of punishment for the previous crime to punishment established for the last crime.

2. The final punishment in case of the cumulation of sentences, if it is not associated with deprivation of freedom, may not exceed the maximum term or amount stipulated for a given type of punishment in the General Part of the present Code.

3. The final punishment in case of the cumulation of sentences in the form of deprivation of freedom may not exceed twenty-five years. If cumulation of sentences includes a sentence by which a given person is found guilty in the commission of at least one crime indicated in the forth part of Article 58 of the present Code, then the final punishment for a cumulation of sentences in the form of deprivation of freedom may not exceed thirty years.

4. The final punishment in case of a cumulation of sentences must be greater than both the punishment established for a newly committed crime, and an unserved part of the punishment for a previous court's sentence.

5. When establishing punishment in a cumulation of sentences, the adding of additional types of punishments shall be carried out in accordance with the rules stipulated by Article 58 of the present Code.

Article 61. The Procedure for Determining Terms of Punishment When Adding Them

1. In case of a partial or complete addition of punishments in a cumulation of crimes, one day of deprivation of freedom shall correspond to the following:

2. An imposition of a fine, deprivation of the right to hold certain positions or to engage in certain activity, and deprivation of a special, military, or honorary rank, class rank, or state awards, as well as forfeiture of property, when they are added to restriction of freedom, correctional labour, detention under arrest, detention in a disciplinary military unit, or deprivation of freedom, shall be executed independently. 

Article 62. Calculation of Terms of Punishment and Offset of a Punishment

1. Terms of deprivation of the right to hold certain positions or to engage in certain activity, as well as terms of correctional labour, restriction in military service, restriction of freedom, detention under arrest, detention in a disciplinary military unit, and terms of deprivation of freedom, shall be calculated in months and years, and terms of engagement in public works shall be calculated in hours.

2. In case of a change of punishment or in case of adding punishments indicated in the first part of this Article, as well as in case of an offset of punishment, terms may be calculated in days.

3. Time of detention under custody before the entering of a given sentence into effect shall be offset from a term of punishment in the form of deprivation of freedom, detention under arrest, or detention in a disciplinary military unit, on the basis of one day for one day, and in the form of restriction of freedom - one day for two days, correctional labour and restriction in military service - one day for three days, and with regard to the form of engagement in public works - one day of detention under custody for four hours of public works.

3-1. The time of holding under home arrest to the entry of the sentence in legal force shall be entered in the term of punishment in the form of deprivation of liberty, arrest at two days for one day, in the form of restriction of liberty - one day for one day, corrective labour and restriction of military service - one day for two days, and in the term of punishment in the form of attraction to public labour at one day of holding under home arrest for two hours of public labour.

4. The time of detention of a person under custody prior to the entering of a given sentence into legal force, and the time of serving deprivation of freedom appointed by a court's judgment for a crime committed outside of the Republic of Kazakhstan, in case of an extradition of a given person on the basis of Article 8 of the present Code, shall be offset on the basis of one day for one day.

5. In case of sentencing a convict, who is detained under custody before judicial investigation, to punishment in the form of a fine, deprivation of the right to hold certain positions or to engage in certain activity, a court, taking into consideration the term of detention under custody, shall mitigate the appointed punishment, or completely release him from serving that punishment.

6. The time during which a person, who fell ill with a mental disease after the commission of a crime, was subjected to compulsory measures of a medical character, shall be offset from the term of punishment.

Article 63. Suspended Conviction

1. In case, after having sentenced a criminal to correctional labour, restriction in military service, deprivation of freedom, or detention in a disciplinary military unit, a court comes to the conclusion that the correction of a given convict can take place without his serving his sentence, the court may adopt a decision to consider the sentence suspended.

2. In case of an application of suspended sentence, a court shall take into consideration the character and degree of public danger of the committed crime, as well as the personality of a given convict, including circumstances which mitigate and aggravate liability and punishment.

3. In case of a suspended sentence, a court shall establish a probation period during which a given convict must prove his correction by his behaviour. A probation period shall be appointed for a period from one year to three years.

4. In case of suspended sentence, additional types of punishment may be appointed, except for forfeiture of property.

6. Supervision of the behaviour of a convict with a suspended sentence shall be carried out by a specialised state body authorised to do that, and with regard to military servicemen, by the commanding staff of military units and institutions.

Article 64. Cancellation of a Suspended Sentence or the Prolongation of a Probation Period

1. If, prior to the expiration of probation period, a convict with a suspended sentence proved his correction by his behaviour, then a court, pursuant to a proposal from the body carrying out supervision of his behaviour, may render a decision on the cancellation of a suspended sentence and on the removal of conviction from a given convict. In this respect, a suspended sentence may be canceled upon the expiration of not less than half of the established probation period.

2. If a convict with a suspended sentence committed a violation of public order for which an administrative punishment was imposed upon him, then a court, pursuant to a proposal from the body indicated in the first part of this Article, may extend a probation period, but not more than for one year.

3. In the case of systematic and malicious violation by a conditionally sentenced person within the probation period of the public order or if the conditional convict has escaped supervision, the court pursuant to the proposal of the body indicated in the first part of this Article shall issue a resolution on cancelling of the conditional sentence and execution of the punishment prescribed by the court sentence.

4. If during his probation period, a convict with a suspended sentence committed a crime by negligence, or a deliberate crime of a lesser gravity, the question of the cancellation or retention of a suspended sentence shall be decided by a court when sentencing to punishment for a new crime.

5. If during his probation period, a convict with a suspended sentence commits a deliberate crime of medium gravity, or a grave, or especially grave crime, a court shall cancel a suspended sentence, and shall sentence to punishment in accordance with the rules stipulated by Article 60 of the present Code. Under the same rules punishment shall be sentenced in the cases stipulated by the fourth part of this Article.

Section V. Exemption from Criminal Liability and Punishment

Article 65. Exemption from Criminal Liability Due to Active Repentance

1. A person who committed for the first time a crime of a lesser gravity or of medium gravity, may be exempt from criminal liability, if that person, after the commission of a given crime, voluntary pleaded guilty to the police, or contributed to the disclosure of a given crime, or otherwise made amends for the damage inflicted by his crime.

2. A person having committed a crime, except for a grave or especially grave crime against a person, may be exempt by from criminal liability, if he actively contributed to the prevention, disclosure, or investigation of crimes committed by an organised group or a criminal association (criminal organisation), disclosure of other co-participants in crimes committed by a given organised group or a criminal association (criminal organisation).

3. Provided that conditions exist stipulated by the first and second parts of this Article, a person having committed a crime of a different category may be exempt from criminal liability only in cases specially stipulated by the relevant Articles of the Special Part of the present Code.

Article 66. Exemption from Criminal Liability in Case of Exceeding the Limits of Necessary Self-Defence

A person, who exceeded the limits of necessary self-defence as a consequence of fear, fright, or confusion, which were caused by impingement dangerous to society, may be exempted by a court from criminal liability subject to circumstances of a given case.

Article 67. Release from Criminal Liability in Connection with the Reconciliation with the Victim

1. A person who committed a crime of a lesser gravity or who committed a medium gravity crime for the first time, which is not related to causation of death or grievous harm to an individual's health, shall be subject to release from criminal liability, if that person reconciled himself with the victim and made good for the harm caused.

2. A person who committed a medium gravity crime, may be conditionally released from the criminal liability if he reconciled himself with the victim and made good for the harm caused to the victim.

Article 68. Exemption from Criminal Liability in Relation to a Change in a Given Situation

1. A person, who committed an act containing elements of a crime, may be exempted by a court from criminal liability, it is recognised that, by the time of consideration of a given case by a court, the act committed by him ceased to present danger to the society as a consequence of a change in a given situation.

2.  A person having committed for the first time a crime of a lesser or medium gravity may be exempt by a court from criminal liability, if it is established that, by virtue of subsequent irreproachable behaviour, that person by the time of consideration of a given case by a court, may not be recognised as presenting a danger to society.

Article 69. Exemption from Criminal Liability in Relation to the Expiration of a Statutory Limitation Period

1. A person shall be exempt from criminal liability if from the day of the commission of a crime, the following periods have expired:

2. Limitation periods shall be calculated from the day of the commission of a given crime and until the moment of the entering of a court's judgment into legal force.

3. The running of the limitation periods shall be suspended if a person, having committed a crime, evades criminal investigation or arraignment by a court. In this respect, the statute of limitation period shall be resumed from the moment of detention of a given person or his pleading guilty to the police. In this respect, a person may be held criminally liable if twenty five years expired from the time of the commission of a crime, and if the limitation period was not interrupted.

4. The running of the statutory limitation period shall be interrupted if, prior to the expiration of the periods indicated in the first part of this Article, a person, having committed a grave or especially grave crime, commits a new deliberate crime. In such cases calculation of the statute of limitation period shall start anew from the day of the commission of that new crime. In other cases, if, prior to the expiration of a limitation period, a person commits a crime again, a limitation period with regard to each crime shall run independently.

5. A question on the application of a limitation period with regard to a person having committed a crime for which, under the present Code, capital punishment may be sentenced, shall be resolved by a court. If a court does not consider it possible to exempt a person from criminal liability due to the expiration of a limitation period, then capital punishment may not be sentenced. In this case a court shall sentence a criminal to deprivation of freedom for a period of up to twenty five years, or to a life-time deprivation of freedom.

6. The statute of limitation period shall not apply to persons who committed crimes against the peace and safety of humanity.

Article 70. Conditional Release Ahead of Time from Serving Punishment

1. A person serving correctional labour, restriction in military service, restriction of freedom, detention in a disciplinary military unit, or deprivation of freedom, may be conditionally released ahead of time, if a court recognises that for his correction that person does not need to completely serve the term of punishment sentenced by the court. In this respect, a person may be fully or partially released from enduring an additional type of punishment.

2. When applying conditional release ahead of time, a court may impose on a given convict the obligations specified in the first part of Article of the present Code, which must be executed by him during the remaining unserved term of punishment.

3. Conditional release ahead of time may be applied only after the actual endurance by a convict of the following:

4. A term of deprivation of freedom actually endured by a convict may not be less than six months.

5. A person serving life-time deprivation of freedom sentenced by a court may be conditionally released ahead of time, if a court recognises that he does not need the subsequent endurance of that punishment, and actually served not less than twenty five years of deprivation of freedom.

6. Supervision of the behaviour of a person who was conditionally released ahead of time, shall be carried out by a special state body in the place of residence of the released authorised to do that, and with regard to military servicemen, by the commanding staff of military units and institutions.

7. If, during the remaining unserved term of punishment, a person to whom a conditional release ahead of time was applied committed:

8. Conditional release ahead of time shall not apply to a person for whom capital punishment was substituted for by deprivation of freedom through the procedure of a pardon.

Article 71. Substitution of an Unserved Term of Punishment for a More Lenient Type of Punishment

1. For a person serving deprivation of freedom for a crime of a lesser gravity or, of medium gravity and grave crimes a court may substitute the remaining unserved term of punishment for a more lenient type of punishment, taking into consideration his behaviour during the endurance of punishment. In this respect, a person may be completely or partially released form the endurance of an additional type of punishment.

2. Unserved part of a punishment may be replaced with a more lenient type of a punishment after the actual serving by the convict of not less than one third of the punishment term for the commission of a a lesser or medium gravity crime, of a half of the punishment term for grave crimes or by a person who previously had been conditionally released ahead of time from enduring a punishment in the form of deprivation of freedom and committed new crimes during the period of the remaining unserved part of the punishment.

3. In case of a substitution of an unserved term of punishment, a court may select any more lenient type of punishment in accordance with the types of punishment indicated in Article 39 of the present Code, within the limits stipulated by the present Code for each type of punishment.

Article 72. Postponement of Endurance of Punishment for Pregnant Women and Women Having Small Children

1. For convicted pregnant women and women having child under fourteen years of age, except for women convicted and sentenced to deprivation of freedom for a period of more than five years for grave and especially grave crimes against a person, a court may postpone the endurance of punishment for a period of up to one year, or until the reaching by a child of fourteen years respectively.

2. In cases in which a convicted woman indicated in the first part of this Article, renounced her child, or continues evading the raising of her child, or continues violating public order after two written warnings issued by a body which is carrying out supervision of a given convict with regard to whom the endurance of punishment was postponed, a court may, pursuant to a proposal from that body, cancel the postponement and send a given convict for punishment to the place appointed in accordance with the court's judgment.

3. Upon the reaching by a child of eight years fourteen-year of age, or in case of his death, or in case of the discontinuation of a pregnancy, a court, depending upon the behaviour of a given convict, may release her from the endurance of punishment, or substitute sentenced punishment by a more lenient type of punishment, or pass a decision on the sending of a given convict to the relevant institution for endurance of punishment.

4. If during the period of postponement, a convict commits a new crime, a court shall sentence punishment upon her in accordance with the rules stipulated in Article 60 of the present Code.

Article 73. Release from Punishment Due to an Illness

1. A person who, after the commission of a crime, became mentally ill which deprived him of a possibility to be aware of the actual character and danger to society of his acts (omission of acts) or to guide them, shall be exempt by a court from punishment, and such a person serving a sentence shall be exempt by a court from its further endurance. Upon such persons a court may sentence compulsory measures of a medical character stipulated by the present Code.

2. A person who suffers from another serious illness which impedes the serving of him of punishment, may be exempt by a court from serving punishment, or that punishment may be substituted for a more lenient type of punishment. In this respect, the gravity of a committed crime shall be taken into consideration, as well as personality of a given convict, the character of his illness, and other circumstances.

3. In case of their recovery, persons indicated in the first and second parts of this Article may be subject to criminal liability and punishment, unless the limitation periods expired which are stipulated by Articles 69 and 75 of the present Code.

4. Military servicemen sentenced to detention under arrest or detention in a disciplinary military unit, shall be exempt from punishment or its further endurance in case of an illness which makes them unsuitable for military service. An unserved term of punishment may also be substituted for them by a more lenient type of punishment.

Article 74. Release from Punishment and Postponement of Serving of Punishment Due to Extraordinary Circumstances

1. A person convicted of a crime of a lesser gravity or of medium gravity may be released by a court from punishment if its endurance may entail especially grave consequences for a given convict or his family due a fire or a natural disaster, serious illness, or death of the only family member capable of work, as well as due to other extraordinary circumstances.

2. For a person convicted and sentenced to deprivation of freedom for a grave or especially grave crime, a court may postpone the endurance of punishment for a period of up to three months provided that there are bases indicated in the first part of this Article.

Article 75. Release from Endurance of Punishment Due to the Expiration of the Limitation Period for the Effect of an Incriminating Judgment

1. A person convicted for a crime shall be released from the endurance of punishment if an incriminating judgment was not enforced within the following periods, counting from the day of its entering into legal force:

2. The running of the limitation period shall be suspended if a convict evades the endurance of punishment. In this respect, the running of limitation periods shall be resumed from the moment of detention of a given person or his voluntary appearance to plead guilty. Limitation periods which have expired by the moment of evasion from the endurance of punishment by a given convict shall be subject to an offset. In this respect, a judgment of conviction for a crime may not be executed if twenty five years expired from the moment of its rendering, and the running of the limitation period was not interrupted by the commission of a new crime.

3. The running of the limitation period shall be interrupted if, prior to the expiration of periods indicated in the first part of this Article, a person commits a new deliberate crime. In such cases calculation of the limitation period shall start anew from the day of the commission of a new crime.

4. The issue of an application of the limitation period to a person convicted and sentenced to capital punishment or life-time deprivation of freedom shall be decided by a court. If a court does not consider it possible to apply the limitation period, capital punishment shall be substituted for life-time deprivation of freedom, and life-time deprivation of freedom shall be substituted for a period of twenty five years. To persons convicted for the commission of crimes against the peace and safety of humanity, limitation periods shall not apply.

Article 76. Exemption from Criminal Liability and Punishment on the Basis of an Act of Amnesty or Pardon

1. An act of amnesty shall be issued by the Parliament of the Republic of Kazakhstan with regard to a circle of persons who are not individually defined.

2. On the basis of an amnesty act, persons having committed crimes may be exempt from criminal liability. Persons convicted for the commission of a crime may be either exempt from punishment, or punishment sentenced upon them may be reduced or substituted for a more lenient type of punishment, or such persons may be exempt form an additional type of punishment. From persons who served punishment or are released from its further endurance, an amnesty act may remove a conviction.

3. An act of pardon of an individually defined person, with regard to whom an incriminating judgment came into legal force, shall be issued by the President of the Republic of Kazakhstan.

4. In case of a pardon, a person having been convicted for a crime may be exempt from further endurance of punishment, or punishment sentenced upon him may be reduced or substituted for a more lenient type of punishment. An act of pardon may remove a conviction from a person having served his punishment.

Article 77. A Conviction

1. A person convicted for the commission of a crime shall be considered convicted from the day of the entering of a court's incriminating judgment into legal force until the moment of exculpation or removal of a conviction. In accordance with the present Code, a conviction shall be taken into consideration in case of a repetition of crime, criminal recidivism, and when appointing punishment.

2. A person exempt from punishment shall be recognised as not having a conviction.

3. A conviction shall be exculpated as follows:

4. If, through the procedure established by legislation, a convict was exempt from the endurance of punishment or an unserved term was substituted for a more lenient type of punishment, then the period of exculpation of a conviction shall be calculated based on the actually served term of punishment from the moment of release from the endurance of the principal and additional types of punishment.

5. If a convict after the endurance of punishment behaved without reproach, then, pursuant to his petition, a court may remove a conviction from him prior to the expiration of a period for its exculpation.

6. If, prior to the expiration of the term of exculpation of his conviction, a given convict committed a new crime, then the running of a period after which a given conviction is to be exculpated, shall be interrupted. A period of exculpation of a conviction under the first crime shall be calculated anew after the actual endurance of the principal and additional punishment for the last crime. In these cases a person shall be considered convicted for both crimes prior to the expiration of the period for exculpation of a conviction for a crime which is the more grave of them.

7. Exculpation or removal of a conviction shall cancel all legal consequences associated with a conviction.

Section VI. Criminal Liability of Juveniles

Article 78. Criminal Liability of Juveniles

1. Juveniles, to whom the provisions of this Section apply, shall be considered as persons who, by the time of the commission of a given crime, reached fourteen years of age, but did not reach eighteen years of age.

2. Juveniles having committed crimes may be convicted and sentenced to punishment, or compulsory measures of educational character may be applied to them.

Article 79. Types of Punishment Sentenced upon Juveniles

1. Types of punishment sentenced upon juveniles shall be as follows:

2. A fine shall be imposed only on the condition that a given juvenile convict has independent salary or property against which a claim may be brought. A fine shall be imposed in an amount from ten to five hundred monthly assessment indices, or in an amount of wages or another income of a given juvenile for a period from two weeks up to six months.

3. Deprivation of the right to engage in certain type of activity shall be imposed upon juveniles for a period from one year up to two years.

4. Engagement in public works shall be sentenced for a period from forty up to one hundred and sixty hours, and it shall consist in the performance of work which is within powers of a given juvenile, and it shall be performed by him during the time free from study or the main job. Duration of this type of punishment for persons under sixteen years of age may not exceed two hours a day, and with regard to persons from sixteen to eighteen years of age, not more than three hours a week.

5. Correctional labour shall be upon a juvenile convict who reached sixteen years of age by the moment of passing a judgment by a court, for a period of up to one year.

5-1. Restriction of freedom shall be prescribed to juveniles for a period from one year to two years.

6. Detention under arrest shall be upon juvenile convicts who reached sixteen years of age by the moment of passing a judgment by a court, for a period from one month up to four months.

7. Deprivation of freedom to a juvenile may be prescribed for a period not more than ten years and for a murder under aggravating circumstances or based on a combination of crimes, where one is a murder with aggravating circumstances, twelve years. The persons who for the first time committed crimes of lesser gravity in the age of fourteen to eighteen years and of medium gravity in the age of fourteen to sixteen years, deprivation of freedom shall not be prescribed.

8. Deprivation of freedom shall be served by juvenile convicts as follows:

9. Depending on the character and degree of a danger to society, personality of a given convict, and other circumstances of a given case, a court, with an indication of reasons for an adopted judgment, may sentence a juvenile convict of the male sex to the endurance of deprivation of freedom in an educational colony of a general regime.

10. A court may issue an instruction to the body which executes punishment, when dealing with a given juvenile convict, to take into account certain characteristics of his personality.

Article 80. Sentencing Punishment upon a Juvenile

1. When sentencing punishment upon a juvenile, aside from circumstances stipulated in Article 52 of the present Code, the conditions of his life and education shall be taken into consideration, along with the level of his mental development, and other special characteristics of his personality, as well as influence upon him of persons older than him.

2. Juvenile age as a mitigating circumstance shall be taken into consideration together with other mitigating and aggravating circumstances.

Article 81.  Exemption of Juveniles from Punishment

A juvenile, who was convicted for the first time for the commission of a crime of lesser or medium gravity, may be exempt by a court from punishment, if it is recognised that his correction may be achieved by way of the use of compulsory measures of influence through education stipulated by Article 82 of the present Code.

Article 81. Release of Minors from a Criminal Responsibility and a Punishment

1. A minor convicted a crime of the small degree or committed for the first time a crime of the middle degree may be released by the court from the criminal responsibility if it is established that his correction is possible without making answerable under the criminal responsibility. In this case he may be applied compulsory measures of educational influence stipulated by Article 82 of this Code.

2. A minor for the first time convicted for the commission of a crime of the small or middle degree may be released by the court from the punishment if its is recognised that his correction can be achieved by application of compulsory measures of educational influence stipulated by Article 82 of this Code.

Article 82. Compulsory Measures of Educational Character

1. A court may impose upon a juvenile the following compulsory measures of an educational character:

2. Simultaneously several compulsory measures of an educational character may be imposed upon a juvenile.

Article 83. The Content of Compulsory Measures of Educational Influence

1. A warning shall consist of an explanation to a juvenile of the damage inflicted by his act, and the consequences of repeated commission of crimes stipulated by the present Code.

2. Transfer under supervision shall consist of the imposition upon parents or persons substituting for them, or upon a specialised state body, of an obligation to have an educational influence upon a juvenile and supervision of his behaviour.

3. An obligation to make up for the inflicted damage shall be imposed subject to the property status of a given juvenile, and the possession by him of the relevant work skills.

4. Restriction of leisure and establishment of special requirements upon the behaviour of a juvenile may stipulate a prohibition on visiting certain places, on the use of certain forms of leisure, including those associated with the operation of a mechanical transportation vehicle, as well as a restriction on staying outside the home after a certain times of day, and exit to other locations without the permission of the specialised state body. A juvenile may also be subject to requirement to return to an educational institution, to continue or finish education, or to find a job with the help of the specialised state body. This list shall not be comprehensive.

5. Placement in a special educational or medical-educational institution for a period from six months up to two years may be sentenced by a court upon a juvenile who committed a deliberate crime of medium gravity. Staying in the said institutions may be terminated ahead of time due to the reaching by a person of the age of majority, as well as if, on the basis of a report from the specialised state body providing for the correction, a court comes to the conclusion that a given juvenile for his correction does not need the application of this measure.

6. Extension of the stay in a special educational or medical-educational institution for juveniles after the expiration of a period stipulated by the fifth part of this Article shall be permitted only in the case of the necessity for a given juvenile to complete secondary education or professional training, but not longer than until he reaches the age of majority.

7. The procedure and conditions of staying of juveniles in special educational and medical-educational institutions shall be defined by legislation.

Article 84. Conditional Release of Juveniles Ahead of Time from Endurance of Punishment

Conditional release ahead of time from endurance of punishment may be applied to persons convicted and sentenced to deprivation of freedom or correctional labour for the commission of a crime at a minor age after the actual endurance of the following:

Article 85. Limitation Periods

In case of exemption of juveniles from criminal liability or endurance of punishment, limitation periods stipulated by Articles 69 and 75 of the present Code shall be reduced by half.

Article 86. Terms of Exculpation of a Conviction

For persons having committed a crime before reaching the age of eighteen, the terms for exculpation of a conviction stipulated by Article 77 of the present Code shall be reduced, and shall be equal respectively to the following:

Article 87. Application of the Provisions of the This Section to Persons Aged from Eighteen to Twenty Years

In exceptional cases, subject to the character of a committed crime and the personality of a convict, a court may apply the provisions of the present section to persons having committed a crime at an age from eighteen to twenty years, except for their placement in a special educational or medical-educational institution for juveniles.

Section VII. Compulsory Measures of a Medical Character

Article 88. The Bases for Application of Compulsory Measures of a Medical Character

1. Compulsory measures of a medical character may be established by a court upon the following persons:

2. For persons indicated in the first part of this Article, compulsory measures of a medical character shall be established only in cases in which mental disorders are associated with a possibility of causation by those persons of other considerable damage, or a danger for themselves or other persons.

3. The procedure for execution of compulsory measures of a medical character shall be defined by the Criminal Executory Code and legislation on health protection of the Republic of Kazakhstan.

4. With regard to persons indicated in the first part of this Article and who do not present a danger in their mental state, a court may transfer necessary materials to health protection bodies for resolving the issue of treatment of those persons, or their transfer to psycho-neurological institutions, through the procedure stipulated by legislation of the Republic of Kazakhstan on health protection.

Article 89. The Purposes for which Compulsory Measures of a Medical Character are Applied

Treatment of persons indicate in the first part of Article 88 of the present Code, or improvement of their mental state, shall be the purposes for which compulsory measures of a medical character shall be applied, as well as prevention of the commission by them of new acts stipulated by articles of the Special Part of the present Code.

Article 90. Types of Compulsory Measures of a Medical Character

1. A court may establish the following types of compulsory measures of a medical character:

2. For persons convicted for crimes committed in a state of sanity, but who need treatment from alcoholism, drug addiction (addition to toxic chemicals), or treatment of mental disorders not excluding sanity, a court, along with punishment, may establish compulsory measures of a medical character in the form of outpatient compulsory observation and treatment by a psychiatrist.

Article 91. Outpatient Compulsory Observation and Treatment by a Psychiatrist

Outpatient compulsory observation and treatment by a psychiatrist may be established upon the existence of the bases stipulated by Article 88 of the present Code, if a person due to his mental state, does not need placement in a inpatient psychiatric hospital.

Article 92. Compulsory Treatment in an Inpatient Psychiatric Hospital

1. Compulsory treatment in an inpatient psychiatric hospital may be imposed upon the existence of the bases stipulated by Article 88 of the present Code, if the character of a person's mental disorder requires such conditions of treatment, care, maintenance, and observation, which may be carried out only in an inpatient psychiatric hospital.

2. Compulsory treatment in an inpatient psychiatric hospital of a general type may be imposed upon a person who, due to his mental state, and the character of the committed act which was dangerous to society, needs inpatient hospital treatment and observation, but does not need intensive observation.

3. Compulsory treatment in an inpatient psychiatric hospital of a specialised type may be imposed upon a person who, due to his mental state and the character of the committed act which was dangerous to society, needs permanent observation.

4. Compulsory treatment in an inpatient psychiatric hospital of a specialised type with intensive observation may be imposed upon a person who, due to his mental state and the character of the committed act which was dangerous to society, presents a special danger to himself or other persons, and requires permanent and intensive observation.

Article 93. Extension, Change, and Termination of the Application of Compulsory Measures of a Medical Character

1. Extension, change, or termination of the application of compulsory measures of a medical character shall be carried out by a court, pursuant to a proposal from the administration of a given institution carrying out compulsory treatment, on the basis of a report of a commission of psychiatrists.

2. A person upon whom a compulsory measure of a medical character is imposed shall be subject to certification by a commission of psychiatrists not less frequently than once every six months in order to decide on whether bases exist for the submission of a proposal to a court on the termination or change of such a measure. In the absence of bases for the termination of the application, or the changing of a compulsory measure of a medical character, the administration of a given institution carrying out compulsory treatment shall submit to a court a report on the extension of compulsory treatment. The first extension of compulsory treatment may be carried out upon the expiration of six months from the moment of the beginning of treatment, and a subsequent extension of compulsory treatment shall be carried out annually.

3. Changing or termination of a compulsory measure of a medical character shall be carried out by a court in case there is such a change in the mental state of a given person, that the need no longer exists to apply the earlier imposed measure, or the need arises for the application of another compulsory measure of a medical character.

4. In case of the termination of the application of compulsory treatment in an inpatient psychiatric hospital, a court may transfer the necessary materials with regard to a person who was undergoing compulsory treatment to the health protection bodies in order to decide the issue of his treatment or transfer to a psycho-neurological institution through the procedure stipulated by legislation on health protection.

Article 94. Sentencing Punishment after the Application of Compulsory Measures of a Medical Character

1. Upon a person who, after the commission of a crime or during the serving of punishment, fell ill with a mental disorder which deprived him of the capability to be aware of his acts or to guide them, a court may sentence punishment after his treatment if the limitation periods did not expire, or if there are no bases for his exemption from criminal liability and punishment.

2. In case of the recovery of a person who fell ill with a mental disorder after the commission of a crime, when sentencing punishment or resuming its running, the time during which compulsory treatment in an inpatient psychiatric hospital was applied to a given person shall be offset from the term of punishment on the basis of one day of staying in a inpatient psychiatric hospital for one day of deprivation of freedom.

Article 95. Compulsory Measures of a Medical Character Combined with the Endurance of Punishment

1. In cases stipulated by paragraphs c) and e) of the first part of Article 88 of the present Code, compulsory measures of a medical character shall take place in the place of imprisonment, and with regard to those convicted and sentenced to other types of punishment, in institutions of the health protection bodies which render outpatient psychiatric assistance.

2. In case of a change in the mental state of a convict which requires inpatient treatment, the placement of a given convict to an inpatient psychiatric hospital or another medical institution shall be carried out through the procedure and on the bases stipulated by legislation of the Republic of Kazakhstan on health protection.

3. The time spent in said institutions shall be offset from the term of punishment. In case the need for further treatment of a convict in said institutions ceases to exist, release from them shall be carried out through the procedure stipulated by legislation of the Republic of Kazakhstan on health protection.

4. Termination of the application of a compulsory measure of a medical character combined with the endurance of punishment shall be carried out by a court, pursuant to a proposal from the body executing punishment, on the basis of a report from a commission of psychiatrists.

THE SPECIAL PART

Chapter 1. Crimes Against a Person

Article 96. A Murder

1. A murder, that is, the illegal deliberate causation of the death of another person, shall be punished by deprivation of freedom for a period from six to fifteen years.

2. A murder :

shall be punished by deprivation of freedom for a period from ten up to twenty years with the forfeiture of property or without it, or by capital punishment with the forfeiture of property or without it, or by life-time deprivation of freedom with the forfeiture of property or without it.

Article 97. A Murder by a Mother of a Newborn Baby

A murder by a mother of her newborn baby, either during delivery or in the subsequent period, which is committed in conditions of a mentally traumatizing situation or in a state of a mental disorder, but not legal insanity, -

shall be punished by a restriction of freedom for a period up to four years or deprivation of freedom for the same period.

Article 98. A Murder Committed in an Emotional State

1. A murder committed in a strongly emotional state (affect) which suddenly emerged, which is caused by violence, mockery, or a grave insult, or by other illegal or immoral acts (omission of acts) by a victim, as well as that which is caused by a protracted mentally traumatizing situation, which emerged in relation to the systematic unlawful or amoral behaviour of a victim,

shall be punished by restriction of freedom for a period up to three years or detention under arrest for a period up to six months, or deprivation of freedom for a period up to three years.

2. A murder of two or more persons committed under circumstances indicated in the first part of this Article shall be punished by deprivation of freedom for a period up to five years.

Article 99. A Murder Committed Exceeding the Limits of Necessary Self- Defence

A murder committed exceeding the limits of necessary self-defence, -

shall be punished by a restriction of freedom for a period up to two years, or by deprivation of freedom for the same period.

Article 100. A Murder Committed Exceeding the Measures Necessary for Detention of a Person Having Committed a Crime

A murder committed exceeding the measures necessary for detention of a person having committed a crime, -

shall be punished by restriction of freedom for a period up to three years, or by deprivation of freedom for the same period.

Article 101. Causation of Death by Negligence

1. Causation of death of negligence shall be punished by a restriction of freedom for a period up to three years, or by deprivation of freedom for the same period.

2. Causation of death by negligence to two or more persons, -

shall be punished by restriction of freedom for a period up to five years, or by deprivation of freedom for the same period.

Article 102. Driving Someone to Suicide

1. Driving a person to suicide or to make a suicide attempt by way of threatening, cruel treatment or systematic humiliation of the human dignity of a victim, shall be punished by restriction of freedom for a period up to three years, or by deprivation of freedom for the same period.

2. The same act, committed against a person who was in complete material or other dependence upon the guilty person, -

shall be punished by restriction of freedom for a period up to five years or deprivation of freedom for the same period.

Article 103. Deliberate Causation of Serious Damage to Health

1. The deliberate causation of serious damage to health which is dangerous to a person's life, or which entailed a loss of eyesight, hearing, or a certain organ, or a loss by an organ of its functions, or which inflicted