Print   

Criminal Code of Kazakhstan (1997, amended 2004) (excerpts)

Article 193. Legalization of Monetary Funds or Other Property Obtained Illegally

1. The commission of financial operations and other transactions with monetary funds or other property obtained illegally, a given guilty party being aware of that fact, as well as the use of indicated funds or other property for the exercise of entrepreneurial or other economic activity, -

shall be punished by a fine in an amount from five hundred up to seven hundred monthly assessment indices, or in an amount of wages or other income of a given convict for a period from five to seven months, or by detention under arrest for a period up to six months, or by imprisonment for a period up to three years with a fine in an amount up to one hundred monthly assessment indices, or in an amount of wages or other income of a given convict for a period up to two months, or without it.

2. The same acts committed:

a) by a group of persons upon a preliminary collusion;

b) repeatedly;

c) by a person with the use of his official position, -

shall be punished by imprisonment for a period from two to five years with forfeiture of property, or without it.

3. Acts specified in the first or in the second part of this Article committed as follows;

a) by a person authorised to perform state functions, or by a person equated to such person, where those functions are associated with the exercise of his office duties;

b) by an organised group;

c) by a criminal community (a criminal organisation) or in large amounts, -

shall be punished by deprivation of freedom for a period from three to seven years with deprivation of the right to hold certain positions or engage in certain types ofactivity for a period up to three years and in the cases specified by paragraph a), up to seven years with the confiscation of property or without such.

Note. 1. In this Article a large amount shall be understood to mean the commission of a transaction or the use of monetary funds or other property for an amount which exceeds ten thousand monthly assessment indices.

2. A person who voluntarily reported on legalization of funds or property acquired in an illegal manner, which is in preparation or has taken place, shall be released from criminal liability unless his acts contain a set of the criminal elements as provided for by the second and third part of this Article, or another crime.

Chapter 9.  Crimes Against Public Safety and Public Order
 
 Article 233.  Terrorism
 
 1.  The commission of an explosion, arson, or other actions which create a danger of people's death, causation of considerable material damage, or the emergence of other consequences dangerous for the public, if these actions are committed for the purposes of disruption of public safety, intimidating the population, or exercising coercion upon the adoption of decisions by state bodies of the Republic of Kazakhstan, by foreign states or international organisation, as well as a threat of commission of such actions for the same purposes, —
 shall be punished by deprivation of freedom for a period from four to ten years.
 
2.  The same acts committed:
 a) repeatedly;
 b) with the use of fire arms, —
 shall be punished by deprivation of freedom for a period from seven to twelve years.

 3.  The acts stipulated by the first or second part of this Article, if they:
 a)  are accompanied with the use of, or a threat to use weapons of mass destruction, radioactive materials and the commission of, or a threat of commission of mass poisoning, spread of epidemics or epizootics, and equally other actions which may entail mass destruction of people;
 b)  entailed by negligence the death of a person or other serious consequences, —
 shall be punished by deprivation of freedom for a period from ten to fifteen years.
 
4.  An attempt upon the life of an individual committed for the purposes of violation of public security, intimidation of the population or coercion with the adoption of decisions by state authorities of the Republic of Kazakhstan, foreign state or international organisation, and also an attempt upon the life of a state or public activist, committed for the same purposes, as well as for the purposes of the termination of his state or other political activity or out of revenge for such activity, —
 shall be published by deprivation of freedom for a period from fifteen to twenty years of by capital punishment, or life deprivation of freedom.
 
Note.  A person who participated in the preparation of an act of terrorism, shall be exempt from criminal liability, if he, by a timely warning of the state bodies, or by other method, contributed to the prevention of the commission of an act of terrorism and unless actions of that person contain corpus delicti of another crime.