Article 54. Circumstances aggravating criminal liability and punishment  The Criminal Code of the Republic of Kazakhstan, the Criminal Code of the Republic of Kazakhstan

Circumstances aggravating criminal liability and punishment are recognized as:

     1) repeated criminal offenses, recidivism of crimes, dangerous recidivism of crimes;

     2) infliction of grave consequences by a criminal offense;

     3) the commission of a criminal offense as part of a group of persons, a group of persons by prior agreement, a criminal group;

     4) a particularly active role in the commission of a criminal offense;

     5) the involvement in the commission of a criminal offense of persons who, for the perpetrator, are known to suffer from a severe mental or behavioral disorder (disease), or persons who have not reached the age from which criminal liability begins;

     6) the commission of a criminal offense motivated by national, racial and religious hatred or enmity, out of revenge for the lawful actions of others, as well as in order to conceal another criminal offense or facilitate its commission;

     7) the commission of a criminal offense against a woman who is obviously pregnant for the perpetrator, as well as against a minor, another defenseless or helpless person, or a person who is dependent on the perpetrator;

     8) the commission of a criminal offense against a person or his relatives in connection with the fulfillment by this person of his official, professional or public duty;

     9) committing a criminal offense with special cruelty, sadism, bullying, as well as torment for the victim;

     10) committing a criminal offense with the use of weapons, ammunition, explosives, explosive or imitating devices, specially manufactured technical means, flammable and combustible liquids, toxic and radioactive substances, medicinal and other chemical and pharmacological preparations, as well as with the use of physical or mental coercion or in a generally dangerous manner;

     11) the commission of a criminal offense in a state of emergency, an emergency situation, as well as during mass riots;

     12) committing a criminal offense under the influence of alcohol, drugs or substance abuse. The court has the right, depending on the nature of the criminal offense, not to recognize this circumstance as aggravating.;

     13) the commission of a criminal offense by a person who has thereby violated his oath or professional oath.;

     14) committing a criminal offense using the trust placed in the perpetrator by virtue of his official position or contract;

     15) committing a criminal offense using the uniform or documents of a government official;

     16) the commission of a criminal offense by an employee of a law enforcement or special state body, a judge using his official position.

2 If the circumstance specified in the first part of this Article is provided for by the relevant article of the Special Part of this Code as a sign of a criminal offense, it may not be re-considered as a circumstance aggravating responsibility and punishment.

3 When imposing a punishment, the court may not recognize as aggravating circumstances not specified in the first part of this article.

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