Definitions of extremist crimes in criminal law

Paragraph 39 of article 3 of the Criminal Code of the Republic of Kazakhstan defines the concept of "extremist crimes" and indicates which actions fall under this category. According to this paragraph, extremist crimes include acts provided for in a number of articles of the Criminal Code of the Republic of Kazakhstan.

List of articles covering extremist crimes:

- Article 174. Incitement of social, national, tribal, racial, class or religious discord 

- Deliberate actions aimed at inciting social, national, ancestral, racial, class or religious discord, insulting national honor and dignity or religious feelings of citizens, as well as propaganda of exclusivity, superiority or inferiority of citizens on the basis of their attitude to religion, class, national, ancestral or racial affiliation, if these acts are committed in public or through the use of mass media, telecommunications networks and online platforms, as well as through the production or distribution of literature or other media, propagandizing social, national, tribal, racial, class or religious discord

- Article 179. Propaganda or public calls for the seizure or retention of power, as well as the seizure or retention of power or the violent change of the constitutional order of the Republic of Kazakhstan 

- Propaganda or public calls for the violent seizure of power or the violent retention of power in violation of the Constitution of the Republic of Kazakhstan, undermining the security of the state or the violent change of the constitutional order of the Republic of Kazakhstan, as well as production, storage for the purpose of distribution or distribution of materials of such content

- Article 180. Separatist activity is propaganda or public calls for the violation of the unitarity and integrity of the Republic of Kazakhstan, the inviolability and inalienable rights of its territory, or the disintegration of the state, as well as the production, storage for the purpose of distributing or distributing materials of such content.

- Article 181. Armed rebellion is the organization of an armed rebellion for the purpose of overthrowing or changing the constitutional order or violating the unity and integrity of the Republic of Kazakhstan, as well as the inviolability and inalienable rights of its territory, as well as the seizure or retention of power.

- Article 182. Creation, leadership of an extremist group, or participation in its activities is the creation of an extremist group, as well as its leadership

- Article 184. Sabotage is the commission of an explosion, arson or other actions aimed at the mass destruction of people, harming their health, destruction or damage to enterprises, structures, ways and means of communication, communications facilities, life support facilities of the population, as well as the commission of mass poisoning or the spread of epidemics for the same purpose. and epizootics 

- Article 258. Financing of terrorist or extremist activities and other aiding and abetting terrorism or extremism 

- Provision or collection of money and (or) other property, rights to property or benefits of a property nature, as well as donation, exchange, donation, charitable assistance, provision of information and other services, or provision of financial services to an individual or group of persons, or a legal entity, committed by a person who was aware of the terrorist or extremist nature of their activities or the fact that the property provided, the information provided, Financial and other services will be used to carry out terrorist or extremist activities or to provide support to a terrorist or extremist group, terrorist or extremist organization, or illegal paramilitary formation.

- Article 259. Recruitment or training or arming of persons for the purpose of organizing terrorist or extremist activities is the recruitment or training or arming of persons for the purpose of organizing terrorist or extremist activities.

- Article 260. Terrorist or extremist training is the passage of a person, including outside the Republic of Kazakhstan, training, obviously for the student, aimed at acquiring skills and abilities to commit a terrorist or extremist crime.

- Article 267. The organization of an illegal paramilitary formation is the creation of an illegal paramilitary formation, as well as the leadership of such a formation.

- Article 404. Creation, leadership, and participation in the activities of illegal public and other associations is the creation or leadership of a religious or public association whose activities involve violence against citizens or other harm to their health, or encouraging citizens to refuse to perform civic duties or commit other illegal acts, as well as the creation or leadership of a party on a religious basis., or by a political party or a trade union funded from sources prohibited by the laws of the Republic of Kazakhstan

- Article 405. Organization and participation in the activities of a public or religious association or other organization after a court decision banning their activities or liquidation in connection with their extremism or terrorism - Organization of activities of a public or religious association or other organization in respect of which there is a court decision that has entered into force banning their activities or liquidation in connection with the implementation of They are victims of extremism or terrorism.

Characteristics of extremist crimes:Extremist crimes are acts aimed at destabilizing society, undermining the constitutional order, and violating the rights and freedoms of citizens through violence, threats, propaganda, and other forms of extremist activity. Such crimes cause serious damage to State and public security.

Comments and links to regulations:

1. The Law of the Republic of Kazakhstan "On Countering Extremism" – this law regulates measures to prevent, detect and suppress extremist activities. It describes the principles of state policy in the field of combating extremism, measures to protect the rights of citizens and organizations, and regulates responsibility for extremist actions.  

2. The Law on National Security describes actions that threaten national security and the measures that the State takes to prevent these threats, including those related to extremism.

3. Regulatory rulings of the Supreme Court of the Republic of Kazakhstan:

- Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan dated December 8, 2017 No. 11. On some issues of judicial practice on the application of legislation on terrorist and extremist crimes- Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan dated December 28, 2009 No. 7. On the application of the norms of criminal and criminal procedure legislation on the observance of personal freedom and inviolability of human dignity, countering torture, violence, and other cruel or degrading treatment or punishment  

4. The Constitution of the Republic of Kazakhstan guarantees the protection of citizens' rights and freedoms from encroachments, including extremist ones, and defines legal mechanisms to protect the state from threats to the constitutional order.

Practical application:In its clarifications and rulings, the Supreme Court of the Republic of Kazakhstan provides additional guidance on the qualification of acts related to extremist activities. For example, actions that can be classified as extremist should be aimed at inciting hostility, violence, or undermining public safety. Judicial practice requires evidence of purposeful and deliberate commission of such actions. 

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