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

Article 8 of the Criminal Code of the Republic of Kazakhstan defines the principles of application of the criminal law in relation to persons who have committed criminal offenses outside the Republic of Kazakhstan. Let us consider in detail the provisions of this article:

1. Responsibility of citizens of the Republic of Kazakhstan abroad

According to the first part of Article 8 of the Criminal Code of the Republic of Kazakhstan, citizens of Kazakhstan who have committed a criminal offense outside the country are subject to criminal liability under Kazakh law, subject to the following conditions::

The act is criminalized in the State where it was committed.

The person has not been convicted in another State for the same act.

In this case, the punishment may not exceed the maximum limit provided for by the law of the State in whose territory the offense was committed. This provision is aimed at protecting the rights of citizens and preventing double punishment for the same act.

2. Responsibility of foreign citizens and stateless persons

Foreigners and stateless persons residing in Kazakhstan are liable under the Criminal Code of the Republic of Kazakhstan for crimes committed outside the country if:

The act is criminalized in the State where it was committed.

They cannot be extradited to a foreign State for prosecution or serving a sentence in accordance with an international treaty of Kazakhstan.

This provision provides an opportunity to bring to justice persons who are hiding from justice, and prevents the use of the territory of Kazakhstan as a haven for criminals.

3. Special categories of crimes

Regardless of the place where the crime was committed, the provisions of the Criminal Code of the Republic of Kazakhstan apply to citizens of Kazakhstan and stateless persons permanently residing in the country in cases of commission:

Terrorist or extremist crimes.

Crimes against the peace and security of mankind.

Crimes that cause other grave harm to the vital interests of Kazakhstan.

This provision reflects the principle of universal jurisdiction, which makes it possible to bring to justice the most dangerous crimes affecting the interests of the international community and the State.

4. Criminal record abroad and its impact

According to the second part of Article 8 of the Criminal Code of the Republic of Kazakhstan, a criminal record and other criminal consequences resulting from a person committing a crime on the territory of another state are irrelevant to resolving the issue of criminal liability of this person for a crime committed on the territory of Kazakhstan, if:

The international agreement of Kazakhstan does not provide otherwise.

The act committed abroad did not affect the national interests of Kazakhstan.

This means that a person can be prosecuted in Kazakhstan, regardless of whether or not he has a criminal record abroad, if the committed act affects the interests of the country.

5. Military personnel abroad

Military personnel of Kazakhstani military units stationed outside the country are criminally liable under the Criminal Code of the Republic of Kazakhstan for crimes committed on the territory of a foreign state, unless otherwise provided by an international treaty of Kazakhstan. This provision ensures that military personnel are subject to national criminal law, regardless of their location.

6. Responsibility of foreign citizens for crimes against the interests of Kazakhstan

Foreigners and stateless persons who do not permanently reside in Kazakhstan and who have committed a crime outside the country are subject to criminal liability under the Criminal Code of the Republic of Kazakhstan if:

The act is directed against the interests of Kazakhstan.

A corruption crime or a crime in the field of economic activity has been committed.

This is stipulated by the international agreement of Kazakhstan.

At the same time, such persons should not be convicted in another state and brought to justice on the territory of Kazakhstan. This provision is aimed at protecting national interests and combating crimes of a transnational nature.

Relationship with other regulations and judicial practice

The principles set out in Article 8 of the Criminal Code of the Republic of Kazakhstan are consistent with Kazakhstan's international obligations and are reflected in a number of regulatory rulings of the Supreme Court of the Republic of Kazakhstan. For example, Regulatory Decree No. 2 of June 21, 2001 "On certain issues of the application by courts of legislation on liability for banditry and other crimes committed in complicity" clarifies the aspects of bringing to justice persons who have committed crimes outside the country as part of organized groups.

In addition, the practice of the Supreme Court considers cases involving the prosecution of citizens of Kazakhstan for crimes committed abroad, which confirms the implementation of the provisions of Article 8 of the Criminal Code in practice.

Thus, article 8 of the Criminal Code establishes a comprehensive approach to the application of criminal law against persons who have committed crimes outside Kazakhstan, ensuring the protection of national interests and the fulfillment of the country's international obligations.

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