Article 428. Disobedience to the lawful requirements of the administration of institutions of the penal enforcement (penitentiary) system of the Criminal Code of the Republic of Kazakhstan, the Criminal Code of the Republic of Kazakhstan

Home / RLA / Article 428. Disobedience to the lawful requirements of the administration of institutions of the penal enforcement (penitentiary) system of the Criminal Code of the Republic of Kazakhstan, the Criminal Code of the Republic of Kazakhstan

Article 428. Disobedience to the lawful requirements of the administration of institutions of the penal enforcement (penitentiary) system of the Criminal Code of the Republic of Kazakhstan, the Criminal Code of the Republic of Kazakhstan

The footnote. Title of Article 428 as amended by the Law of the Republic of Kazakhstan dated 07/16/2025 No. 210-VIII (effective sixty calendar days after the date of its first official publication).

1. Malicious disobedience to the lawful requirements of the administration of institutions of the penal enforcement (penitentiary) system by a person serving a sentence in places of deprivation of liberty, –

is punishable by imprisonment for a term of up to three years.

2. Excluded by the Law of the Republic of Kazakhstan dated 12.07.2018 No. 180-VI (effective ten calendar days after the date of its first official publication).

3. Organization of group disobedience to the lawful requirements of the administration of institutions of the penal (penitentiary) system, as well as participation in group disobedience, expressed in intentionally causing any damage to oneself in order to violate the established procedure (regime) of serving a sentence, or participation in group disobedience involving the use of violence or entailing grave consequences., –

are punishable by imprisonment for a term of five to ten years.

By the Normative Resolution of the Constitutional Court of the Republic of Kazakhstan dated 06.12.2023 No. 37-NP, part three of Article 428 of the Criminal Code of the Republic of Kazakhstan is recognized as corresponding to the Constitution of the Republic of Kazakhstan in the interpretation given by the Constitutional Court of the Republic of Kazakhstan: "Criminal prosecution for participation in group disobedience involving intentional self-harm is permissible if the purpose of self-harm was disobedience to the lawful requirements of the administration of an institution of the penal correction system and violation of the established procedure (regime) for serving a sentence.".

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