Article 366. Demanding or receiving a bribe of the Criminal Code of the Republic of Kazakhstan, the Criminal Code of the Republic of Kazakhstan

     1. The demand or receipt by a person authorized to perform state functions, or by a person equated to him or a person holding a responsible public position, or by an official or an official of a foreign state or international organization, personally or through an intermediary, of a bribe in the form of property, property benefits for himself or others for actions (inaction) in favor of the payer or persons represented by him, if such actions (inaction) fall within the official powers of this person., or, by virtue of his official position, he may contribute to such actions (inaction), as well as for general patronage or connivance. –

     is punishable by a fine in the amount of twenty to fifty times the amount of a bribe or imprisonment for up to five years, with confiscation of property, with life imprisonment for the right to hold certain positions or engage in certain activities.

     1-1. The same act committed by an employee of a law enforcement agency or a person holding a responsible government position in a law enforcement agency, or a judge, –

     is punishable by a fine in the amount of thirty to fifty times the amount of a bribe or imprisonment for up to six years, with confiscation of property, with life imprisonment for the right to hold certain positions or engage in certain activities.

2 The acts provided for in parts one and 1-1 of this Article, committed on a significant scale, as well as for illegal actions (inaction) –

     are punishable by a fine in the amount of fifty to sixty times the amount of a bribe or by imprisonment for a term of three to seven years, with confiscation of property, with life imprisonment for the right to hold certain positions or engage in certain activities.

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

     1) by extortion;

     2) by a group of persons by prior agreement;

     3) on a large scale;

     4) repeatedly, –

     are punishable by a fine in the amount of sixty to seventy times the amount of a bribe or by imprisonment for a term of seven to twelve years, with confiscation of property, with life imprisonment for the right to hold certain positions or engage in certain activities.

4 The acts provided for in parts one, 1-1, two or three of this article, if they are committed by a criminal group, as well as on an especially large scale, –

     are punishable by a fine in the amount of seventy to eighty times the amount of a bribe, or by imprisonment for a term of ten to fifteen years, with confiscation of property, with life imprisonment for the right to hold certain positions or engage in certain activities.

    Notes.

     1. It is not a crime because of its insignificance and it is administratively punishable to receive for the first time by a person specified in part one of this article property, benefits of a property nature as a gift or remuneration in the absence of a 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.

     2. It is not a crime because of its insignificance and the claim for the first time by a person specified in part one of this article of property, benefits of a property nature as a gift or remuneration is prosecuted in a disciplinary manner, in the absence of a 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.

     3. A person who demanded a bribe shall be released from criminal liability if he voluntarily informed a law enforcement agency or a special government agency about the demand for a bribe.

President    

Republic of Kazakhstan     

© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan  

 Constitution Law Code Standard Decree Order Decision Resolution Lawyer Almaty Lawyer Legal service Legal advice Civil Criminal Administrative cases Disputes Defense Arbitration Law Company Kazakhstan Law Firm Court Cases