Article 409. Threat or violent actions in connection with the implementation of constitutional proceedings, justice, pre-trial investigation or in connection with participation in court proceedings The Criminal Code of the Republic of Kazakhstan, the Criminal Code of the Republic of Kazakhstan
1. Threat of murder, injury to health, damage or destruction of property against a judge of the Constitutional Court of the Republic of Kazakhstan, a judge, a juror, as well as their relatives in connection with the consideration of cases or materials in the Constitutional Court of the Republic of Kazakhstan, the court –
is punishable by a fine in the amount of up to four thousand monthly calculation indices, or correctional labor in the same amount, or community service for up to one thousand hours, or restriction of liberty for up to four years, or imprisonment for the same term.
2. The same act committed against a prosecutor, a person conducting a pre-trial investigation, a lawyer conducting defense or representation, an expert, a specialist, a bailiff, a bailiff, as well as their relatives in connection with the conduct of a pre-trial investigation, the consideration of a case or materials in court, or the execution of a sentence, court decision or other judicial act, providing legal assistance, –
is punishable by a fine in the amount of up to three thousand monthly calculation indices, or correctional labor in the same amount, or community service for up to eight hundred hours, or restriction of liberty for up to three years, or imprisonment for the same term.
3. The acts provided for in the first or second parts of this Article, committed:
1) a group of persons, a group of persons by prior agreement, or a criminal group;
2) in an emergency situation or during mass riots;
3) in an area where a state of emergency has been declared, or in the area of an anti-terrorist operation;
4) through the use of telecommunications networks, information facilities, including the Internet, –
are punishable by restriction of liberty for a term of up to five years or imprisonment for the same term.
4. The use of violence that is not dangerous to life or health against persons and for the reasons specified in parts one or two of this article, –
is punishable by restriction of liberty for a term of three to seven years or imprisonment for the same term.
5. The act provided for in part four of this article, committed by:
1) in relation to two or more persons;
2) in relation to a person who is obviously helpless for the perpetrator, as well as involving kidnapping or hostage-taking;
3) a group of persons, a group of persons by prior agreement, or a criminal group;
4) in order to conceal another crime or facilitate its commission;
5) repeatedly;
6) in relation to a known minor;
7) in an emergency situation or during mass riots;
8) in an area where a state of emergency has been declared, or in the area of an anti-terrorist operation, –
is punishable by restriction of liberty for a term of five to ten years or imprisonment for the same term.
6. The use of violence dangerous to life or health against persons and for the reasons specified in parts one or two of this article, –
is punishable by imprisonment for a term of ten to fifteen years.
7. The act provided for in part six of this article, committed by:
1) in relation to two or more persons;
2) in relation to a person who is obviously helpless for the perpetrator, as well as involving kidnapping or hostage-taking;
3) with extreme cruelty;
4) a group of persons, a group of persons by prior agreement, or a criminal group;
5) in order to conceal another crime or facilitate its commission;
6) repeatedly;
7) in relation to a known minor;
8) in an emergency situation or during mass riots;
9) in an area where a state of emergency has been declared, or in the area of an anti-terrorist operation, –
is punishable by imprisonment for a term of twelve to seventeen years.
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