Article 253. Commercial bribery of the Criminal Code of the Republic of Kazakhstan, the Criminal Code of the Republic of Kazakhstan

1. Transfer to a person performing managerial functions in a commercial or other organization of illegal remuneration in the form of property, benefits of a proprietary nature for the use of his official position, as well as for general patronage or connivance in the service in the interests of the person engaged in bribery, or persons represented by him –

     is punishable by a fine in the amount of up to five thousand monthly calculation indices, or correctional labor in the same amount, or community service for up to one thousand two hundred hours, or restriction of liberty for up to five years, or imprisonment for the same term.

     2. The same act committed repeatedly either by a group of persons by prior agreement, or on a large scale, –

     is punishable by a fine in the amount of thirty to forty times the amount or value of the transferred illegal remuneration, or by imprisonment for a term of seven to twelve years with confiscation of property.

     3. The acts provided for in the first or second parts of this article, committed by a criminal group or on an especially large scale, –

     is punishable by a fine in the amount of forty to fifty times the amount or value of the transferred illegal remuneration, or by imprisonment for a term of ten to fifteen years with confiscation of property.

    4. Receipt by a person performing managerial functions in a commercial or other organization of illegal remuneration in the form of property, property benefits for himself or others for using his official position, as well as for general patronage or connivance in the service in the interests of the person engaged in bribery or persons represented by him –

     is punishable by a fine in the amount of ten to twenty times the amount or value of the transferred illegal remuneration, or by community service for up to one thousand two hundred hours, or by restriction of liberty for up to five years, or by imprisonment for the same term, with confiscation of property, with deprivation of the right to hold certain positions or engage in certain activities for a period of up to two years.

     5. The acts provided for in the fourth part of this Article, if it:

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

     2) committed repeatedly;

     3) is associated with extortion;

     4) on a large scale, –

     is punishable by a fine in the amount of sixty to seventy times the amount or value of the transferred illegal remuneration, or by imprisonment for a term of seven to twelve years with confiscation of property, with deprivation of the right to hold certain positions or engage in certain activities for up to three years.

     6. An act provided for in parts four or five of this article, if committed by a criminal group or on an especially large scale, –

     is punishable by a fine in the amount of seventy to eighty times the amount or value of the transferred illegal remuneration, or by imprisonment for a term of ten to fifteen years with confiscation of property, with deprivation of the right to hold certain positions or engage in certain activities for up to five years.

     Notes.

     1. A person who has committed the acts provided for in the first or second parts of this article shall be released from criminal liability if extortion has taken place against him or if he voluntarily reported the bribery to a law enforcement or special state body.

     2. It is not a crime due to the insignificance of the transfer or receipt by the person specified in the first part of this Article of property, benefits of a property nature as a gift or remuneration in the absence of prior agreement for previously committed lawful actions (inaction), if the value of the gift or the amount of remuneration does not exceed two monthly calculation indices.

President    

Republic of Kazakhstan     

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