The Code of the Republic of Kazakhstan «Penal Code of the Republic of Kazakhstan» (3 July 2014 № 226-V, has been amended by the 2023)

The Code of the Republic of Kazakhstan
«Penal Code of the Republic of Kazakhstan»
(3 July 2014 № 226-V, has been amended by the 2023)

Unofficial translation

Footnote. The table of contents is excluded by the Law of the Republic of Kazakhstan dated 02.07.2021 No. 62-VII (shall be enforced upon expiration of sixty calendar days after the day of its first official publication).

Footnote. Throughout the text:

the words «information and communication networks», «information and communication network» and «information and communication network» are replaced respectively with the words «telecommunication networks», «telecommunication networks» and «telecommunication network»;

the words «national electronic information resources» and «national information systems» are replaced by the words «state electronic information resources» and «information systems of state bodies» in accordance with the Law of the Republic of Kazakhstan dated 24.11.2015 No. 419-V (shall be enforced from 01.01.2016);

the words «HIV/AIDS» are replaced by the word «HIV» in accordance with Law № 208-VI of the Republic of Kazakhstan as of 28.12.2018 (shall be enforced ten calendar days after its first official publication);

Footnote. throughout the text, the words «damage to the environment» shall be replaced by the words «environmental damage» in accordance with the Law of the Republic of Kazakhstan dated 02.01.2021 No. 401-VI (shall be enforced from 01.07.2021).

GENERAL PART
SECTION 1. CRIMINAL LAW

Article 1. Criminal legislation of the Republic of Kazakhstan

1. Criminal legislation of the Republic of Kazakhstan consists of this Penal Code of the Republic of Kazakhstan. Other Laws, providing criminal responsibility shall subject to application only after their inclusion in this Code.

2. This Code is based on the Constitution of the Republic of Kazakhstan and generally recognized principles and norms of the international law. The Constitution of the Republic of Kazakhstan has supreme legal force and direct effect throughout the territory of the Republic. In case of contradictions between the norms of this Code and the Constitution of the Republic of Kazakhstan, the provisions of the Constitution shall apply. The norms of this Code, recognized as unconstitutional, including those infringing on the rights and freedoms of a person and citizen enshrined in the Constitution of the Republic of Kazakhstan, shall lose their legal force and shall not be applied. Regulatory resolutions of the Constitutional Court and the Supreme Court of the Republic of Kazakhstan are an integral part of the penal legislation of the Republic of Kazakhstan.

3. International treaties ratified by the Republic of Kazakhstan shall have the priority before this Code. The procedure and conditions of action on the territory of the Republic of Kazakhstan of international treaties, of which the Republic of Kazakhstan is a party, shall be determined by the legislation of the Republic of Kazakhstan.