The Criminal Code of the Republic of Kazakhstan of 1997 (Criminal Code of Kazakhstan) is the main and only source of criminal law in Kazakhstan , which established the criminality and punishability of acts on the territory of Kazakhstan from January 1, 1998 to December 31, 2014.
| Criminal Code of the Republic of Kazakhstan | |
|---|---|
| View | code |
| Signing | July 16, 1997 |
| Entry into force | January 1, 1998 |
| First post | Vedomosti Parliament of the Republic of Kazakhstan. 1997. No. 15-16. Art. 211. |
| Loss of strength | January 1, 2015 |
This edition of the Criminal Code of Kazakhstan was signed by the President of Kazakhstan N. Nazarbayev on July 16, 1997 and entered into force on January 1, 1998 , replacing the previous Criminal Code of the Kazakh SSR of 1959, which was applied until then.
Content
Code Structure
The Code consists of the General (sections I-VII) and the Special Parts (chapters 1-16). Unlike most codes of the states of the former USSR, it uses a two-level structure: the General part is divided into sections, the Special part into chapters; finer divisions are absent.
The General Part discusses the basic concepts of criminal law , establishes the basis for criminal liability and exemption from it, general provisions on criminal punishment and exemption from it, coercive measures of treatment , as well as features of the criminal liability of minors.
A special part includes articles describing the composition of specific crimes . The structure of the Special Part reflects the hierarchy of values protected by criminal law: crimes against the individual come first, then crimes against the family and minors, constitutional rights and freedoms. Next are crimes against the peace and security of mankind, the constitutional system and the security of the state, property.
Code Features
The Criminal Code of Kazakhstan is largely based on the provisions of the Model Criminal Code for CIS member states ; many norms are also borrowed from the 1996 Criminal Code of the Russian Federation [1] .
Kazakhstan’s Criminal Code has preserved many of the norms that are typical of Soviet criminal codes: intoxication is recognized as an aggravating circumstance, interruption of the statute of limitations is possible due to a new crime committed by a person, responsibility for failure to report on a certain well-known preparing or committed especially serious crime remains.
Responsibility is provided for such crimes as violation of the procedure for organizing and holding meetings, rallies , pickets , street processions and demonstrations (Article 334); leadership of a prohibited strike , obstruction of the work of an enterprise, organization in a state of emergency (Article 335); illegal interference of members of public associations in the activities of state bodies (Article 336); creation or participation in the activities of illegal public associations (Article 337); rendering assistance to political parties and professional unions of foreign states (Article 338), etc. There is also responsibility for infringing on the honor and dignity and obstructing the activities of the President of the Republic of Kazakhstan (Article 318) and a deputy of the Parliament of the Republic of Kazakhstan (Article 319) (under public statements containing critical statements about the policy pursued by the President or about parliamentary activities are not liable for this [2] .
Bribe- thanks is decriminalized: if the remuneration is transferred to an official in the absence of prior agreement for previously committed legal actions (inaction) and if the value of the gift does not exceed two monthly calculation indices, liability does not occur (note 2 to article 311 and note 1 to article 312 ) [2] .
The Code is regularly amended to reflect changes in its public relations and the emergence of new types and forms of socially dangerous acts.
See also
- Criminal law
Links
Notes
- ↑ Luneev V.V. Crime of the XX century: global, regional and Russian trends . - 2nd, rev. and additional .. - M .: Walters Kluver, 2005 .-- S. 238. - 868 p. - ISBN 5466000981 . .
- ↑ 1 2 Volzhenkin B.V. New Criminal Code of the Republic of Kazakhstan // Jurisprudence. - 1999. - No. 1 . - S. 142-150 .