Penal Code of the Republic of Kazakhstan (2014) (excerpts related to Counter-Terrorism and Violent Extremism) (English)
Penal Code of the Republic of Kazakhstan
(excerpts)
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Article 3. Explanation of some concepts, contained in this Code
The concepts, contained in this Code, shall have the following meanings, if there
are no special instructions in the Law:
30) crimes of terrorism – actions, provided by Articles 170, 171, 173, 177, 178,
184, 255, 256, 257, 258, 259, 260, 261, 269 and 270 of this Code;
31) terrorist group – an organized group, pursuing the objective of commission of
one or several terrorist crimes;
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Chapter 10. CRIMINAL INFRACTION AGAINST PUBLIC SECURITY
AND PUBLIC ORDER
Article 255. An act of terrorism
1. An act of terrorism, in other words commission of explosion, arson and other
actions, endanger the lives of people, infliction of significant property damage or
occurrence of other socially dangerous consequences, if these actions are committed in
order to violation of public security, terrorizing the population, influence to making
decisions by the state bodies of the Republic of Kazakhstan by the foreign state or
international organization, provocation of war or complications of international
relations, as well as the threat of commission of specified actions in the same purposes
– shall be punished by imprisonment for the term of four to ten years with confiscation
of property or without it.
2. The same actions, committed:
1) repeatedly;
2) with the use of weapon or items, used as a weapon, explosive substances or
explosive devices, which may create real threat to the life and health of citizens, -
shall be punished by imprisonment for the term of seven to twelve years with
confiscation of property or without it.
3. The actions, provided by first or second parts of this Article, if they:
1) linked with the use or the threat of use of weapon of mass destruction,
radioactive materials and commission or the threat of commission of mass poisoning,
advance of an epidemic or epizootic, as well as other actions, capable to entail mass
mortality of people;
2) entailed the death of person or other grave consequences by negligence, -
shall be punished by imprisonment for the term of ten to fifteen years with
confiscation of property or without it.
4. Infringement on life of person, committed in order to violation of public
security, terrorizing the population, influence to making decisions by the state bodies
of the Republic of Kazakhstan by the foreign state or international organization,
provocation of war or complications of international relations, as well as infringement
on life of the state or public figure, committed for the same purposes, as well as in
order of termination of his (her) state or other political activity or out of revenge
for such activity, or infringement on life of person, linked with attack against the
persons or organization, using international protection, building, construction, taking
of hostage, buildings, constructions, means of communication and communication, theft,
as well as seizure of aircraft or water vessel, railway vehicles or other public
transport - shall be punished by imprisonment for the term of fifteen to twenty years or
life imprisonment, or the death penalty, with confiscation of property or without it.
Note. A person, participating in the preparation of an act of terrorism shall be
released from criminal responsibility, if he (she) is assisted in prevention of an act
of terrorism by early warning of the state bodies or other means and if his (her)
actions do not contain the components of another crime.
Article 256. Propaganda of terrorism or public calls for
commission of an act of terrorism
1. Propaganda of terrorism or public calls for commission of an act of terrorism,
as well as production, storage in order to distribution or distribution of materials of
specified content – shall be punished by imprisonment for the term of three to seven
years with confiscation of property.
2. The same actions, committed by person with the use of his (her) official
position or by leader of public association, or with the use of mass media or
information and communication networks, or by group of persons or group of persons on
previous concert, - shall be punished by imprisonment for the term of five to ten years
with confiscation of property.
Article 257. Creation, management of terrorist group and
participation in its activity
1. Creation of terrorist group, as well as its management – shall be punished by
imprisonment for the term of seven to fifteen years with confiscation of property.
2. Participation in activity of terrorist group or acts of terrorism, committed by
it – shall be punished by imprisonment for the term of six to twelve years with
confiscation of property.
3. The actions, provided by first or second parts of this Article, committed by
person with the use of his (her) official position or by leader of public association, -
shall be punished by imprisonment for the term of ten to fifteen years with confiscation
of property.
Article 258. Financing of terrorist or extremist activity and
other aiding and abetting to the terrorism or extremism
1. Provision or collection of money and (or) other property, right to property or
profits of property nature, as well as donation, exchange, dotation, sponsor and
beneficent help, rendering of information and other type of services or rendering of
financial services to the individual or group of persons, or legal entity, committed by
person, certainly realized the terrorist or extremist nature of its activity or that the
provided property, rendered information, financial and other type of services will be
used for carrying out of terrorist or extremist activity or ensuring the terrorist or
extremist group, terrorist or extremist organization, illegal paramilitary forces, -
shall be punished by imprisonment for the term of three to seven years with confiscation
of property.
2. The same actions, committed repeatedly or by person with the use of his (her)
official position or by person, exercising management functions in commercial or other
organization, or by leader of public association, or by group of persons on previous
concert, or on a large scale, - shall be punished by imprisonment for the term of five
to ten years with confiscation of property.
Note. A person, carrying out financing of terrorist and other aiding to terrorism
or extremist activity under the threat of force and voluntary declared on this, as well
as actively contributed to the detection or suppression of crime shall be released from
criminal responsibility, if his (her) actions do not contain the components of another
crime.
Article 259. Enlistment or preparation or armament of persons
in order of organization of terrorist or extremist activity
1. Enlistment or preparation or armament of persons in order of organization of
terrorist or extremist activity – shall be punished by imprisonment for the term of six
to twelve years with confiscation of property.
2. The same action, committed by person with the use of his official position or
in relation of the minor, - shall be punished by imprisonment for the term of eight to
fifteen years with confiscation of property.
Article 260. Undergoing the terrorist or extremist training
Undergoing the training by person, as well as outside of the Republic of
Kazakhstan, certainly for leaner, directed to acquisition of skills and experience of
commission of terrorist or extremist crime, - shall be punished by imprisonment for the
term of three to seven years.
Note. A person, committed a crime, provided by this Article shall be released from
criminal responsibility, if he (she) voluntary informed on undergoing the training,
contributed to the identification of other persons, undergone such training, carrying
out, organized or financed such training, provided information on place of its venue and
if his (her) actions do not contain the components of another crime.
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Article 273. Knowingly false report about an act of terrorism
Knowingly false report on prepared act of terrorism – shall be punished by
imprisonment for the term of up to six years.
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Article 405. Organization and participation in activity of
public or religious association or other organization after
court decision on prohibition of their activity or liquidation
in connection with carrying out by them the extremism
or terrorism
1. Organization of activity of public or religious association or other
organization, in relation of which there is a court decision, entered into legal force,
on prohibition of their activity or liquidation in connection with carrying out by them
the extremism or terrorism, -
shall be punished by the fine in the amount of up to six thousand monthly
calculation indices or correctional works in the same amount, or restriction of liberty
for the term of up to six years, or imprisonment for the same term, with deprivation of
the right to occupy determined posts or to engage in a determined activity for the term
of up to five years or without it, with deportation the foreigner or persons without
citizenship beyond the borders of the Republic of Kazakhstan for the term of up to five
years.
2. Participation in activity of public or religious association or other
organization, in relation of which there is a court decision, entered into legal force,
on prohibition of their activity or liquidation in connection with carrying out by them
the extremism or terrorism, -
shall be punished by the fine in the amount of up to two thousand monthly
calculation indices or correctional works in the same amount, or restriction of liberty
for the term of up to two years, or imprisonment for the same term, with deprivation of
the right to occupy determined posts or to engage in a determined activity for the term
of up to three years or without it, with deportation the foreigner or persons without
citizenship beyond the borders of the Republic of Kazakhstan for the term of up to five
years.
Note. A person, terminated participation in activity of public of religious
association or other organization, in relation of which there is a court decision,
entered into legal force, on prohibition of their activity or liquidation in connection
with carrying out by them the extremism or terrorism shall be released from criminal
responsibility, if his (her) actions do not contain the components of another crime.
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