Article 3. Explanation of some concepts contained in this Code, the Criminal Code of the Republic of Kazakhstan, the Criminal Code of the Republic of Kazakhstan

  The concepts contained in this Code have, unless specifically specified in the law, the following meanings:

     1) human exploitation – the use by the perpetrator of forced labor, prostitution by another person or other sexual services provided by him, forcing a person to engage in begging, commit illegal activities or other actions related to the exercise by the perpetrator of some or all of the powers of the owner in relation to the person.

     Notes. The use of forced labor by the perpetrator is understood as any work or service required from a person through the use of violence or threat of its use or threat of any punishment, for which this person has not voluntarily offered his services, except in cases provided for by the laws of the Republic of Kazakhstan.

     The use of prostitution by another person or other sexual services provided by another person is understood as forcing a person to engage in prostitution or provide other sexual services in order to appropriate the proceeds or part of them, as well as without the perpetrator pursuing this goal.

     Forcing a person to engage in begging is understood as forcing them to commit an antisocial act involving begging others for money and (or) other property.

     Coercion by a perpetrator to commit an illegal activity is understood as forcing a person to commit an offense in order to extract income or benefits of a property nature.

     1-1) crimes related to human trafficking – acts provided for in articles 116, 125 (paragraph 2) of the third part), 126 (paragraph 2) parts three), 128, 134, 135, 308 and 309 of this Code;

     2) significant damage and significant amount – in Articles: 198 and 199 – the amount of damage or the value of the rights to use intellectual property objects or the value of copies of copyright and (or) related rights or goods containing inventions, utility models, industrial designs, breeding achievements or topologies of integrated circuits, two hundred times higher monthly calculation index; 202 – damage in the amount one hundred times higher than the monthly calculation index; 214 – the number of goods whose value exceeds two thousand monthly calculation indices; 217-1 – damage in the amount of two hundred times the monthly calculation index; 233 – damage in the amount of one thousand times the monthly calculation index; 269-1 – damage in the amount of two hundred times the monthly calculation index; 325, 326, 328, 334, 335, 337 and 342 is the cost expression of the costs necessary to eliminate environmental damage or restore the consumer properties of natural resources, in an amount exceeding one hundred monthly calculation indices.; 340 – the cost expression of the costs necessary to eliminate environmental damage or restore the consumer properties of natural resources in an amount exceeding fifty monthly calculation indices; in other articles – the amount of damage in an amount two hundred times higher than the monthly calculation index; 366 and 367 – the amount of money, the value of securities, other property or benefits of property of a nature ranging from fifty to three thousand monthly calculation indices;

     3) particularly large damage and especially large size – in articles: 188, 188-1, 191, 192 and 295-1 – the value of property or the amount of damage, two thousand times higher than the monthly calculation index; 189, 190, 194, 195, 197, 202, 204 and 425 – the value of the property or the amount of damage, four thousand times the monthly calculation index; 214 and 301-1 - income, the amount of which exceeds twenty thousand monthly calculation indices; 216 – damage caused to a citizen in the amount of five thousand times the monthly calculation index, or damage caused to an organization or the state in the amount of more than fifty thousand monthly calculation indices; 217 – income, the amount of which exceeds five thousand monthly calculation indices; 218-1 – money, property rights and (or) other property in the amount exceeding twenty thousand monthly calculation indices; 229, 230 – damage in the amount of twenty thousand times the monthly calculation index; 234 – the value of the displaced goods exceeding thirty thousand monthly calculation indices; 235-1 – the amount of illegally exported, forwarded or transferred currency valuables exceeding one hundred thousand monthly calculation indices; 245 – the amount of outstanding payments to the budget exceeding seventy-five thousand monthly calculation indices for the audited period, provided that the amount of taxes and other mandatory payments to the budget accrued based on the results of the tax audit for one calendar year from the audited period exceeds ten percent of the amount of all taxes and other mandatory payments to the budget, calculated by the taxpayer for this calendar year; 253 – the amount of money, the value of securities, other property, or property benefits exceeding two thousand monthly calculation indices; 307 – income, the amount of which exceeds five thousand monthly calculation indices; 324, 325, 326, 328, 329, 330, 332, 333, 334, 337, 339, 342 and 343 is the cost expression of the costs necessary to eliminate environmental damage or restore the consumer properties of natural resources, in an amount exceeding twenty 365 – damage caused to a citizen in the amount of two thousand times the monthly calculation index, or damage caused to an organization or state in the amount of ten thousand times the monthly calculation index.; 366 and 367 – the amount of money, the value of securities, other property or benefits of a proprietary nature in excess of ten thousand monthly calculation indices; in other articles – the amount of damage in the amount of four thousand times the monthly calculation index;

     4) grave consequences – the following consequences in cases where they are not indicated as a sign of a criminal offense provided for by this Code:

     death of a person; death of two or more persons; suicide of the victim (victim) or his (her) loved one; causing serious harm to health; causing serious harm to health to two or more persons; massive illness, infection, radiation or poisoning of people; deterioration of the health of the population and the environment; the onset of unwanted pregnancy; the onset of a man-made or ecological disaster, environmental emergency; causing major or especially major damage; disruption of the fulfillment of the tasks set by the high command; creating a threat to the security of the state, a catastrophe or an accident; a prolonged decrease in the level of combat readiness and combat capability of military units and subunits; disruption of combat missions; disabling military equipment; other consequences indicating the severity of the damage caused;

     5) administrative and economic functions – the right to manage and dispose of property on the balance sheet of an organization provided in accordance with the procedure established by the law of the Republic of Kazakhstan;

     6) military criminal offenses – acts provided for in Chapter 18 of this Code, directed against the established procedure for military service, committed by military personnel;

     7) gang – an organized group with the aim of attacking citizens or organizations with the use or threat of using weapons or objects used as weapons;

     8) other mechanical vehicles – tractors, motorcycles, mopeds, self-propelled machines (excavators, cranes, graders, rollers);

     9) a representative of the government is a person in public service, endowed in accordance with the procedure established by the law of the Republic of Kazakhstan with administrative powers in relation to persons who are not in official dependence on him, including an employee of a law enforcement or special state body, a soldier of a military police body, a soldier involved in ensuring public order;

     10) insignificant amount – in Article 187 – the value of property belonging to an organization, not exceeding ten monthly calculation indices, or property belonging to an individual, not exceeding two monthly calculation indices;

11) serious harm to health – harm to human health that is dangerous to his life, or other harm to health that has resulted in: loss of vision, speech, hearing, or any organ; loss of organ functions; permanent disfigurement of the face; health disorder associated with significant permanent loss of general disability for at least one one third; complete loss of professional ability to work; termination of pregnancy; mental, behavioral disorder (disease), including those related to the use of psychoactive substances;

     12) moderate harm to health – harm to human health that is not life-threatening, which has caused a prolonged health disorder (for a period of more than twenty-one days) or a significant permanent loss of general disability (less than one third);

     13) minor harm to health – harm to human health that has caused a short-term health disorder (for a period of no more than twenty-one days) or a minor permanent loss of general disability (less than one tenth);

     14) substantial harm – the following consequences in cases where they are not indicated as a sign of a criminal offense provided for by this Code:

     violation of the constitutional rights and freedoms of man and citizen, the rights and legitimate interests of organizations, the legally protected interests of society and the state; causing significant damage; the occurrence of a difficult life situation for the injured person; disruption of the normal operation of organizations or government agencies; disruption of important military events or a short-term decrease in the level of combat readiness and combat capability of military units; untimely detection or repulse of attacks by armed groups or individual armed persons, land, air or naval military equipment, allowing unhindered illegal passage of persons and vehicles across the State Border of the Republic of Kazakhstan, movement of contraband goods, connivance of actions damaging border facilities, technical means of border protection; other consequences indicating the materiality of the damage caused;

     15) the mercenary – a person who has been specially recruited to participate in an armed conflict, military operations or other violent actions aimed at overthrowing or undermining the constitutional order or violating the territorial integrity of a State, acting in order to obtain material remuneration or other personal benefits, who is not a citizen of the party to the conflict or the State against which these actions are directed, He is not a member of the armed forces of the party to the conflict., has not been sent by another State to perform official duties as a member of its armed forces;

     16) a person holding a responsible government position, – a person holding a position established by the Constitution of the Republic of Kazakhstan, constitutional and other laws of the Republic of Kazakhstan for the direct performance of state functions and the powers of state bodies, including a deputy of the Parliament of the Republic of Kazakhstan, a judge of the Constitutional Court of the Republic of Kazakhstan, a judge Commissioner for Human Rights in the Republic of Kazakhstan, as well as a person holding according to the legislation of the Republic of Kazakhstan on public service, a political public position or an administrative public position of the "A" corps;

     17) embezzlement – illegal gratuitous seizure and (or) conversion of someone else's property in favor of the perpetrator or other persons who caused damage to the owner or other owner of this property.;

     18) illegal paramilitary formation is a formation not provided for by the legislation of the Republic of Kazakhstan (an association, detachment, squad or other group consisting of three or more people) having an organizational structure of a paramilitary type, possessing unity of command, combat capability, strict discipline;

     18-1) crimes related to violence against minors, – the acts provided for in paragraph 14) of part two, part three of Article 99, part three of Article 105, paragraph 11) of part two and part three of Article 106 (in the case of a crime against a minor), paragraph 8) of part two of Article 107, paragraph 8) of part two of Article 108-1, paragraph 1) of the second part of Article 110 (in case of commission of a crime against a minor), paragraph 2) parts two and three of Article 116 (in case of commission of a crime against a minor), parts two, of the third and fourth articles 119 (in the case of crimes committed against a minor), paragraph 5) of the second and third parts of article 125 (in the case of a crime committed against a minor), paragraph 5) of the second and third parts of Article 126 (in the case of a crime committed against a minor), paragraph 3) of the second Articles 127, part three of Article 133 (in case of commission of a crime involving violence), articles 135 and 146 (in case of commission of a crime against a minor) of this Code;

     19) a person performing managerial functions in a commercial or other organization is a person who permanently, temporarily, or by special authority performs organizational, administrative, or economic duties in an organization that is not a government agency, local government agency, state organization, or quasi–public sector entity.;

     20) transport – railway, automobile, marine, inland waterway, including small sea and river vessels, air, urban electric, including the subway, as well as main pipeline transport located on the territory of the Republic of Kazakhstan;

     20-1) other grave harm to the vital interests of the Republic of Kazakhstan – harm caused as a result of the commission of acts provided for in part two of Article 160, Article 163, part two of Article 164, articles 168, 169, 175, part three of Article 179, part three of Article 180, Article 181, part three of Article 182, Article 455 of this Code;

     21) the leader of a public association is the head of a public association, as well as another participant in a public association, who is able, through his influence and authority, to single–handedly exert a controlling influence on the activities of this public association.;

     22) coordination of criminal actions – coordination between organized groups (criminal organizations) for the purpose of joint commission of crimes (creation of stable links between leaders or other participants of organized groups (criminal organizations), development of plans, conditions for commission of crimes, and also division of spheres of criminal influence, proceeds from criminal activity);

     23) a criminal community is an association of two or more criminal organizations that have conspired to commit one or more criminal offenses together, as well as create conditions for the independent commission of one or more criminal offenses by any of these criminal organizations.;

     24) criminal group – an organized group, a criminal organization, a criminal community, a transnational organized group, a transnational criminal organization, a transnational criminal community, a terrorist group, an extremist group, a gang, an illegal paramilitary formation;

     25) a criminal organization is an organized group whose members are divided into organizationally, functionally and (or) geographically isolated groups (structural divisions);

     26) official – a person who permanently, temporarily or by special authority performs the functions of a government representative or performs organizational, administrative or administrative functions in state bodies, local self-government bodies, as well as in the Armed Forces of the Republic of Kazakhstan, other troops and military formations of the Republic of Kazakhstan;

     26-1) compulsory payment is the obligation of a person who has committed a criminal offense to pay a fixed amount of money to be recovered by a court verdict in accordance with the legislation of the Republic of Kazakhstan on the Compensation Fund for Victims.;

     27) a person authorized to perform state functions is a person in public service, a deputy of the maslikhat, a person temporarily performing duties provided for by a public position before being appointed to public service, as well as a person temporarily appointed to a military position as a military officer under a contract or temporarily performing his duties.;

     IZPI's note!      Paragraph 28) is amended by the Law of the Republic of Kazakhstan dated 30.06.2025 No. 204-VIII (effective sixty calendar days after the date of its first official publication).

28) a person equated to persons authorized to perform state functions is a person elected to local self–government bodies; a citizen registered in accordance with the procedure established by the law of the Republic of Kazakhstan as a candidate for President of the Republic of Kazakhstan, deputies of the Parliament of the Republic of Kazakhstan or maslikhats, akims of districts, cities of regional significance, cities of regional significance, settlements, villages, rural districts, as well as members of an elected local government body; an employee who permanently or temporarily works in a local government body, whose remuneration is made from the funds of the state budget of the Republic of Kazakhstan; a person performing managerial functions in a state organization or quasi-public sector entity, as well as a person authorized to make decisions on the organization and conduct of procurement, including public procurement, or responsible for the selection and implementation of projects funded from the state budget and the National Fund of the Republic of Kazakhstan, holding a position not lower than the head of an independent structural unit in employees of the National Bank of the Republic of Kazakhstan and its departments;; employees of the authorized organization in the field of civil aviation operating in accordance with the legislation of the Republic of Kazakhstan on the use of the airspace of the Republic of Kazakhstan and aviation activities; employees of the authorized body for regulation, control and supervision of the financial market and financial organizations; employees of the Government for Citizens State Corporation who directly provide public services, or whose official duties are related to the provision of public services, or who have access to personal data of individuals and (or) other information to which access is restricted; persons who carry out technical and author supervision on highways

     28-1) official document – a document created by an individual or legal entity, executed and certified in accordance with the procedure established by the legislation of the Republic of Kazakhstan.;

     29) corruption crimes – acts provided for in articles 189 (paragraph 2) parts of the third, part of the fourth in the case of the signs provided for in paragraph 2) of the third part), 190 (paragraph 2) parts of the third, part of the fourth in the case of the signs provided for in paragraph 2) of the third part), 218 (paragraph 1) part three), 218-1 (paragraph 1) part four), 234 (paragraph 1) part three), 249 (paragraph 2) of the third part), 361, 362 (paragraph 3) of the fourth part), 364, 365, 366, 367, 368, 369, 370, 450, 451 ( paragraph 2) parts two) and 452 of this Code;

     30) terrorist crimes – acts provided for in articles 170, 171, 173, 177, 178, 184, 255, 256, 257, 258, 259, 260, 261, 269 and 270 of this Code;

     31) terrorist group – an organized group with the aim of committing one or more terrorist crimes;

     32) a person in a leading position is a person authorized by the heads of organized groups (criminal organizations) to coordinate criminal actions, or a person for whom the members of the group recognize the right to take the most responsible decisions affecting their interests and determining the direction and nature of their criminal activities.;

     33) transnational criminal community – an association of two or more transnational criminal organizations;

     34) a transnational criminal organization is a criminal organization that aims to commit one or more criminal offenses on the territory of two or more States or one State, while organizing the commission of an act or directing its execution from the territory of another State, as well as with the participation of citizens of another State;

     35) a transnational organized group is an organized group that aims to commit one or more criminal offenses on the territory of two or more States or one State, while organizing the commission of an act or directing its execution from the territory of another State, as well as with the participation of citizens of another State.;

     36) an organized group is a stable group of two or more persons who have previously united in order to commit one or more criminal offenses.;

     37) organizational and administrative functions - the right granted in accordance with the procedure established by the law of the Republic of Kazakhstan to issue orders and orders binding on subordinates, as well as to apply incentive measures and disciplinary penalties against subordinates;

     37-1) funds received from foreign sources – money and (or) other property provided by foreign states, international and foreign organizations, foreigners, stateless persons;

38) major damage and large size – in articles 185, 186 and 458 – damage in the amount of five hundred times the monthly calculation index; 188, 188-1, 191 and 192 – the value of property or the amount of damage, five hundred times the monthly calculation index; 189, 190, 194, 195, 196, 197, 200, 202, 204, 269-1, 295-1 and 425 – the value of the property or the amount of damage, one thousand times higher than the monthly calculation index; 198 and 199 – the amount of damage or the value of the rights to use intellectual property objects or the value of copies of copyright and (or) related rights or goods containing inventions, utility models, industrial designs, breeding achievements or topologies of integrated circuits, one thousand times higher than the monthly calculation index; 214 – income, the amount of which exceeds ten thousand monthly calculation indices; 214, 221, 237, 238 (part one), 239 (parts one and two), 242, 243 and 250 (part two) – damage caused to a citizen in the amount of two thousand times the monthly calculation index, or damage caused to an organization or the state in the amount of ten thousand times exceeding the monthly calculation index; 216 – damage caused to a citizen in the amount of two thousand times the monthly calculation index, or damage caused to an organization or the state in the amount of more than twenty thousand monthly calculation indices; 217 – income, the amount of which exceeds one thousand monthly calculation indices; 218 – money and (or) other property obtained by criminal means, for an amount exceeding twenty thousand monthly calculation indices; 218-1 – money, rights to property and (or) other property, for an amount exceeding ten thousand monthly calculation indices; 222, 223, 224, 225, 226, 227 and 228 – damage caused to a citizen in the amount of two hundred times the monthly calculation index, or damage caused to an organization or state in the amount of two thousand times the monthly calculation index.; 220, 229, 230 – damage in the amount of ten thousand times the monthly calculation index; 221 – income, the amount of which exceeds twenty thousand monthly calculation indices; 231 – the value of banknotes, coins, securities, foreign currency, in respect of which forgery was committed, five hundred times the monthly calculation index; 234 – the value of the displaced goods exceeding twenty thousand monthly calculation indices; 235-1 – the amount of illegally exported, forwarded or transferred currency valuables exceeding forty-five thousand monthly calculation indices; 236 – the cost of unpaid customs duties, customs duties, taxes, special, anti–dumping, countervailing duties exceeding ten thousand monthly calculation indices; 238 (part two) - damage caused to a medium-sized business entity in the amount of twenty thousand times the monthly calculation index, or to a large business entity in the amount of forty thousand times the monthly calculation index; 244 – the amount of outstanding payments to the budget exceeding twenty thousand monthly calculation indices; 245 – the amount of unpaid payments to the budget exceeding fifty thousand monthly calculation indices for the audited period, provided that the amount of taxes and other mandatory payments to the budget accrued based on the results of the tax audit for one calendar year from the audited period exceeds ten percent of the amount of all taxes and other mandatory payments to the budget calculated by the taxpayer for this calendar year; 247 – the amount received by the person or the cost of services rendered to him, exceeding three hundred monthly calculation indices; 253 – the amount of money, the value of securities, other property or property benefits exceeding five hundred monthly calculation indices; 258 – the amount of money, the value of property, property benefits, services rendered exceeding one thousand monthly calculation indices; 274 – damage caused to a citizen in the amount of two thousand times the monthly calculation index an indicator, or damage caused to an organization or the state in an amount ten thousand times higher than the monthly calculation index; 292 – damage caused to an individual in the amount of one thousand times the monthly calculation index, or damage caused to an organization or the state in the amount of two thousand times the monthly calculation index; 307 – income, the amount of which exceeds one thousand monthly calculation indices; 323 – the cost of medicines and medical devices, in respect of which falsification has been committed exceeding one thousand monthly calculation indices; 324, 325, 326, 328, 329, 330, 332, 333, 334, 335, 337, 338, 339, 341, 342 and 343 – the cost expression of the costs necessary to eliminate environmental damage or restore the consumer properties of natural resources, in an amount exceeding one thousand monthly calculation indices; 340 – the cost expression of the costs necessary to eliminate environmental damage or restore the consumer properties of natural resources in an amount exceeding five hundred monthly calculation indices; 344 – the amount of damage exceeding two thousand monthly calculation indices; 350, 354, 355 and 356 – damage caused to a citizen in the amount of two hundred times the monthly calculation index, or damage caused to an organization or state in the amount of one thousand times the monthly calculation index; 365 – damage caused to a citizen in the amount of two hundred times the monthly calculation index, or damage caused to an organization or state in an amount two thousand times higher than the monthly calculation index; 366 and 367 – the amount of money, the value of securities, other property or benefits of a proprietary nature in excess of three thousand and up to ten thousand monthly calculation indices; 399 – the cost of special technical means exceeding five thousand monthly calculation indices; in other articles – the amount of damage in the amount of one thousand times the monthly calculation index;

     39) extremist crimes – acts provided for in articles 174, 179, 180, 181, 182, 184, 258, 259, 260, 267, 404 ( parts two and three) and 405 of this Code;

     40) extremist group – an organized group with the aim of committing one or more extremist crimes;

     41) electronic media – a material medium intended for storing information in electronic form, as well as recording or reproducing it using technical means;

     42) crimes against the sexual integrity of minors – the acts provided for in articles 120 (rape), 121 (violent acts of a sexual nature), 122 (sexual intercourse or other acts of a sexual nature with a person who is obviously under the age of sixteen, as well as receiving prostitution or other sexual services provided by a known minor), 123 (coercion to sexual intercourse, sodomy, lesbianism or other sexual acts), 124 (corruption of persons under the age of sixteen), 134 (involvement of a minor in prostitution, provision of other sexual services), 144 (involvement of minors in the manufacture of erotic products), parts two and three of Article 312 (manufacture and trafficking of materials or objects with pornographic images of minors or their involvement in entertainment pornographic events) of this Code, committed against minors and minors.

The Criminal Code of the Republic of Kazakhstan dated July 3, 2014

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Republic of Kazakhstan     

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