Article 120. Rape  The Criminal Code of the Republic of Kazakhstan, the Criminal Code of the Republic of Kazakhstan

1 Rape, that is, sexual intercourse with the use of violence or with the threat of its use to the victim or to other persons, or using the victim's helpless state, –

     is punishable by imprisonment for a term of five to eight years.

2 Rape:

     1) committed by a group of persons, a group of persons by prior agreement;

     2) connected with the threat of murder, as well as committed with particular cruelty towards the victim or other persons;

     3) entailing the victim's infection with a sexually transmitted disease;

     4) committed repeatedly;

     5) committed by a person in the performance of official duties, –

     is punishable by imprisonment for a term of nine to twelve years.

3 The acts provided for in the first or second parts of this Article, if they:

     1) excluded by the Law of the Republic of Kazakhstan dated December 27, 2019 No. 292-VI (for the procedure of entry into force, see art. 2);

     2) negligently caused serious harm to the victim's health, infected her with HIV or other serious consequences;

     3) excluded by the Law of the Republic of Kazakhstan dated 04/01/2019 No. 240-VI (effective ten calendar days after the date of its first official publication);

     4) committed in an emergency situation or during mass riots;

     5) excluded by the Law of the Republic of Kazakhstan dated 04/01/2019 No. 240-VI (effective after ten calendar days after the date of its first official publication); 6) excluded by the Law of the Republic of Kazakhstan dated 12/30/2020 No. 393-VI (effective after ten calendar days after the date of its first official publication) -

     are punishable by imprisonment for a term of twelve to fifteen years with or without deprivation of the right to hold certain positions or engage in certain activities for a period of ten years.

     3-1. The acts provided for in the first, second or third parts of this Article, if they:

     1) committed against a minor;

     2) excluded by the Law of the Republic of Kazakhstan dated 12/30/2020 No. 393-VI (effective ten calendar days after the date of its first official publication);

     3) committed by a criminal group, –

     are punishable by imprisonment for a term of fifteen to seventeen years with life imprisonment for the right to hold certain positions or engage in certain activities.

     3-2. The acts provided for in parts one, two, three or 3-1 of this Article, if they:

     1) committed against two or more minors;

     2) excluded by the Law of the Republic of Kazakhstan dated 12/30/2020 No. 393-VI (effective ten calendar days after the date of its first official publication) ;

     3) committed against a minor by a parent, stepfather, teacher or other person who is responsible for her upbringing by the law of the Republic of Kazakhstan, –

     are punishable by imprisonment for a term of seventeen to twenty years with life imprisonment for the right to hold certain positions or engage in certain activities, or by life imprisonment.

4 The acts provided for in parts one, two, three, paragraph 3) of Part 3-1 and Part 3-2 of this Article, if they were committed against a minor or negligently caused the death of the victim., –

     are punishable by life imprisonment.

President    

Republic of Kazakhstan     

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