The establishment of particularly large damages and especially large amounts in criminal law
Paragraph 3 of Article 3 of the Criminal Code of the Republic of Kazakhstan (CC RK) clarifies the concept of "especially large damage" and "especially large size" in various articles of the Code. It is explained that these terms are used depending on the established amounts, measured through the monthly calculation index (MCI), which is the standard unit for calculating fines and other financial indicators in Kazakhstan.
The monthly calculation index (MCI) is established annually by the law "On the Republican Budget" and is used in legal acts to determine the amount of fines, damages, benefits and other financial obligations. In 2024, the MCI in Kazakhstan is 3,692 tenge.
Explanation of articles of the Criminal Code of the Republic of Kazakhstan with examples of calculating "especially large damage/size":
1 Articles of the Criminal Code of the Republic of Kazakhstan:
1. Article 188 - Theft of the Criminal Code of the Republic of Kazakhstan,
2. Article 188-1 - Cattle rustling of the Criminal Code of the Republic of Kazakhstan,
3. Article 191 - Robbery of the Criminal Code of the Republic of Kazakhstan,
4. Article 192 – Robbery of the Criminal Code of the Republic of Kazakhstan,
5. Article 295-1 Illegal trafficking of precious metals and precious stones, raw materials containing precious metals of the Criminal Code of the Republic of Kazakhstan.
- Particularly large damage is the value of property or the amount of damage exceeding 2000 MCI.
- Calculation example: 2000 × 3,692 tenge = 7,384,000 tenge.
2. Articles of the Criminal Code of the Republic of Kazakhstan:
Article 189 Appropriation or embezzlement of entrusted property of others of the Criminal Code of the Republic of Kazakhstan,
Article 190 Fraud of the Criminal Code of the Republic of Kazakhstan,
Article 194 Extortion of the Criminal Code of the Republic of Kazakhstan,
Article 195 Causing property damage by deception or abuse of trust of the Criminal Code of the Republic of Kazakhstan,
Article 197 transportation, purchase, sale, storage of oil and petroleum products, as well as oil refining without documents confirming the legality of their origin of the Criminal Code of the Republic of Kazakhstan,
Article 202 Intentional destruction or damage to other people's property of the Criminal Code of the Republic of Kazakhstan,
Article 204 Careless destruction or damage to other people's property of the Criminal Code of the Republic of Kazakhstan,
Article 425 Illegal actions with respect to property subject to inventory or seizure or subject to confiscation of the Criminal Code of the Republic of Kazakhstan.
- Particularly large damage is the value of property or damage exceeding 4000 MCI.
- Calculation example: 4000 × 3,692 tenge = 14,768,000 tenge.
3. Articles of the Criminal Code of the Republic of Kazakhstan:
Article 214 Illegal entrepreneurship, illegal banking, microfinance or collection activities of the Criminal Code of the Republic of Kazakhstan
Article 301-1 Turnover of non-smoking tobacco products, electronic consumption systems (vapes), flavorings and liquids for them of the Criminal Code of the Republic of Kazakhstan.
- A particularly large income is an amount exceeding 20,000 MCI.
- Calculation example: 20,000 × 3,692 tenge = 73,840,000 tenge.
4. Article 216 Performing actions to issue an invoice without actually performing work, rendering services, or shipping goods of the Criminal Code of the Republic of Kazakhstan:
- Especially large damage to a citizen – an amount exceeding 5,000 MCI.
- Calculation example: 5000 × 3,692 tenge = 18,460,000 tenge.
- Damage caused to an organization or the state – an amount exceeding 50,000 MCI.
- Calculation example: 50,000 × 3,692 tenge = 184,600,000 tenge.
5. Article 217 Creation and management of a financial (investment) pyramid of the Criminal Code of the Republic of Kazakhstan:
- A particularly large income is an amount exceeding 5,000 MCI.
- Calculation example: 5000 × 3,692 tenge = 18,460,000 tenge.
6. Article 218-1 Concealment of illegally acquired assets from circulation to the state income, as well as their legalization (laundering) The Criminal Code of the Republic of Kazakhstan:
- Especially large size – money or property in the amount exceeding 20,000 MCI.
- Calculation example: 20,000 × 3,692 tenge = 73,840,000 tenge.
7. Articles of the Criminal Code of the Republic of Kazakhstan:
Article 229 Manipulation in the securities market of the Criminal Code of the Republic of Kazakhstan,
Article 230 Illegal actions in relation to insider information of the Criminal Code of the Republic of Kazakhstan
- Particularly large damage – an amount exceeding 20,000 MCI.
- Calculation example: 20,000 × 3,692 tenge = 73,840,000 tenge.
8. Article 234 Economic smuggling of the Criminal Code of the Republic of Kazakhstan:
- A particularly large amount of displaced goods is an amount exceeding 30,000 MCI.
- Calculation example: 30,000 × 3,692 tenge = 110,760,000 tenge.
9. Article 235-1 Illegal export, transfer and transfer of currency valuables from the Republic of Kazakhstan of the Criminal Code of the Republic of Kazakhstan:
- Illegally exported or transferred amount of currency valuables – exceeds 100,000 MCI.
- Calculation example: 100,000 × 3,692 tenge = 369,200,000 tenge.
10. Article 245 Tax evasion and (or) other mandatory payments to the budget from organizations of the Criminal Code of the Republic of Kazakhstan:
- The amount of outstanding payments to the budget exceeds 75,000 MCI.
- Calculation example: 75,000 × 3,692 tenge = 276,900,000 tenge.
11. Article 253 Commercial bribery of the Criminal Code of the Republic of Kazakhstan:
- Especially large damage – the amount of money, the value of property exceeding 2000 MCI.
- Calculation example: 2000 × 3,692 tenge = 7,384,000 tenge.
12. Article 307 Organization of illegal gambling business of the Criminal Code of the Republic of Kazakhstan.
- Especially large damage – the amount of money, the value of property exceeding 5,000 MCI.
- Calculation example: 5000 × 3,692 tenge = 18,460,000 tenge.
13. Articles of the Criminal Code of the Republic of Kazakhstan:
Article 324 Violation of environmental requirements for economic or other activities of the Criminal Code of the Republic of Kazakhstan,
Article 325 Violation of environmental requirements when handling environmentally potentially hazardous chemical or biological substances of the Criminal Code of the Republic of Kazakhstan,
Article 326 Violation of environmental requirements when handling microbiological or other biological agents or toxins of the Criminal Code of the Republic of Kazakhstan,
Article 328 Pollution, clogging or depletion of waters of the Criminal Code of the Republic of Kazakhstan,
Article 329 Atmospheric pollution of the Criminal Code of the Republic of Kazakhstan,
Article 330 Marine pollution of the Criminal Code of the Republic of Kazakhstan,
Article 332 Land damage The Criminal Code of the Republic of Kazakhstan,
Article 333 Violation of the rules of protection and use of mineral resources of the Criminal Code of the Republic of Kazakhstan,
Article 334 Unauthorized use of mineral resources of the Criminal Code of the Republic of Kazakhstan,
Article 337 Illegal hunting of the Criminal Code of the Republic of Kazakhstan,
Article 339 Illegal handling of rare and endangered, as well as prohibited species of plants or animals, their parts or derivatives of the Criminal Code of the Republic of Kazakhstan,
Article 342 Violation of the regime of protection of specially protected natural territories of the Criminal Code of the Republic of Kazakhstan,
Article 343 Failure to take measures to remediate (eliminate) environmental damage of the Criminal Code of the Republic of Kazakhstan.
– the cost expression of the costs necessary to eliminate environmental damage or restore the consumer properties of natural resources in an amount exceeding twenty thousand monthly calculation indices;
- Especially large damage – the amount of money, the value of property exceeding 5,000 MCI.
- Calculation example: 20,000 × 3,692 tenge = 73,840,000 tenge.
14. Article 365 – Obstruction of lawful entrepreneurial activity of the Criminal Code of the Republic of Kazakhstan
- Especially large damage caused to a citizen – the amount of money, the value of property exceeding 2000 MCI.
- Calculation example: 2,000 × 3,692 tenge = 7,384,000 tenge.
- Particularly large damage caused to an organization or the state – an amount of money, the value of property exceeding 10,000 MCI.
- Calculation example: 10,000 × 3,692 tenge = 36,920,000 tenge.
15. Articles of the Criminal Code of the Republic of Kazakhstan:
Article 366 Receiving a bribe of the Criminal Code of the Republic of Kazakhstan
Article 367 Bribery of the Criminal Code of the Republic of Kazakhstan
– the amount of money, the value of securities, other property or property benefits in excess of ten thousand monthly calculation indices;
- Especially large damage caused – the amount of money, the value of property exceeding 10,000 MCI.
- Calculation example: 10,000 × 3,692 tenge = 36,920,000 tenge.
In other articles, the amount of damage is four thousand times higher than the monthly calculation index
- Especially large damage – the amount of money, the value of property exceeding 4,000 MCI.
- Calculation example: 4,000 × 3,692 tenge = 14,768,000 tenge.
Regulatory decisions of the Supreme Court of the Republic of Kazakhstan:
· Explanations on the application of the concepts of "large", "especially large" damage are often given in regulatory rulings of the Supreme Court. For example:
- Normative resolution of the Supreme Court of the Republic of Kazakhstan dated July 11, 2003 No. 8. "On judicial practice in cases of embezzlement", which clarifies the approach to the qualification of damage, the size of crimes and their connection with the MCI.
Other rulings, as a rule, clarify that when qualifying actions related to damage, it is necessary to take into account the real value of property at the time of the crime, market prices and the financial situation of the victim.
Attention!
The Law and Law Law Firm draws your attention to the fact that this document is basic and does not always meet the requirements of a specific situation. Our lawyers are ready to assist you in legal advice, drafting any legal document that is suitable for your situation.
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