Article 367. Offering, promising or giving a bribe of the Criminal Code of the Republic of Kazakhstan, the Criminal Code of the Republic of Kazakhstan

Home / Codes / Article 367. Offering, promising or giving a bribe of the Criminal Code of the Republic of Kazakhstan, the Criminal Code of the Republic of Kazakhstan

1. Offering, promising, or giving a bribe to a person authorized to perform government functions, or to a person equated to him or a person holding a responsible public position, or to an official, or to an official of a foreign state or international organization, personally or through an intermediary for actions (inaction) in favor of the bribe giver or persons represented by him, if such actions (inaction) are included in 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 thirty times the amount of a bribe or imprisonment for up to five years, with or without confiscation of property, with life imprisonment for the right to hold certain positions or engage in certain activities.

2 The same act committed on a significant scale, –

is punishable by a fine in the amount of thirty to forty times the amount of a bribe or imprisonment for a term of three to seven years, with or without 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 or second parts of this Article, if they are committed:

1) by a group of persons by prior agreement;

2) on a large scale;

3) repeatedly, –

are punishable by a fine in the amount of forty to fifty 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 the first, second or third parts of this article, if they are committed on a particularly large scale or by a criminal group, –

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 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 by virtue of insignificance and is administratively punishable to transfer for the first time to a person specified in the first part of Article 366 of this Code 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..

2. It is not a crime by virtue of insignificance to offer or promise to a person specified in the first part of Article 366 of this Code 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.

3. A person who has offered, promised or given a bribe shall be released from criminal liability if extortion of a bribe has taken place against him by the person specified in the first part of Article 366 of this Code, or if this person voluntarily informed a law enforcement or special state body about the offer, promise or giving of a bribe.

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When the money transferred to a person in the form of a bribe turned out to be fake or partially imitated banknotes, the actions of the recipient of the bribe should be qualified as an attempt to receive the stipulated amount of the bribe.

When the money transferred to a person in the form of a bribe turned out to be fake or partially imitated banknotes, the actions of the recipient of the bribe should be qualif...