The effect of the criminal law on persons who have committed a criminal offense in the territory of the Republic of Kazakhstan

Article 7 of the Criminal Code of the Republic of Kazakhstan defines the principles of the criminal law in relation to persons who have committed criminal offenses on the territory of the Republic of Kazakhstan. Let us consider in detail the provisions of this article:

1. The principle of territoriality

According to the first part of Article 7 of the Criminal Code of the Republic of Kazakhstan, any person who commits a criminal offense on the territory of the Republic of Kazakhstan is liable under this Code. This means that regardless of the nationality or status of a person, if an act is committed within the State borders of Kazakhstan, Kazakh criminal law applies to it.

2. Determination of the place of commission of the offense

The second part of Article 7 of the Criminal Code of the Republic of Kazakhstan clarifies that a criminal offense committed on the territory of the Republic of Kazakhstan is considered an act that:

started;

continued;

or it was completed on the territory of the Republic of Kazakhstan.

This provision covers situations where a criminal act may be of a cross-border nature, but one of its stages occurs on the territory of Kazakhstan. In addition, the Criminal Code of the Republic of Kazakhstan applies to offenses committed on the continental shelf and in the exclusive economic zone of the Republic of Kazakhstan.

3. Crimes on ships flying the flag of Kazakhstan

In accordance with part three of Article 7 of the Criminal Code of the Republic of Kazakhstan, a person who commits a criminal offense on a ship assigned to a port of the Republic of Kazakhstan and located in open waters or airspace outside the country is subject to criminal liability under Kazakh law, unless otherwise provided by an international treaty. This means that such vessels are considered as part of the territory of Kazakhstan. Similarly, offenses committed on warships or military aircraft of the Republic of Kazakhstan are subject to the Criminal Code of the Republic of Kazakhstan, regardless of their location.

4. Diplomatic immunity

Part four of Article 7 of the Criminal Code of the Republic of Kazakhstan concerns a special procedure for bringing to justice diplomatic representatives of foreign States and other persons with immunity. If such persons commit a criminal offense on the territory of Kazakhstan, the issue of their criminal liability is resolved in accordance with the norms of international law and relevant international treaties to which the Republic of Kazakhstan is a party.

Related regulations and resolutions

The principles set out in article 7 of the Criminal Code of the Republic of Kazakhstan are consistent with the provisions of international law, including the Vienna Convention on Diplomatic Relations of 1961, which establishes rules on diplomatic immunity. In addition, the regulatory rulings of the Supreme Court of the Republic of Kazakhstan clarify issues related to the application of the territorial principle of criminal law. For example, the decree "On judicial practice in cases of criminal offenses" emphasizes the need to accurately determine the place of commission of a crime in order to correctly qualify the act.

Thus, article 7 of the Criminal Code of the Republic of Kazakhstan establishes clear criteria for the application of Kazakh criminal legislation to persons who have committed offenses on the territory of the country or at facilities equated to it, ensuring the protection of the sovereignty and law and order of the Republic of Kazakhstan.

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