Offenses related to corruption crimes
Corruption crimes are offences related to the violation of legal norms and the cessation of when officials or individuals use their official position or influence to obtain illegal benefits or enrichment. These criminal acts harm the state institution and undermine public confidence in the rule of law.
The main characteristics of corruption crimes:
1. Abuse of office : this is when a person uses his official position for personal benefits, violation of laws or interests of the state.
2. Bribery and Bribery : Bribes are illegal money or other forms of reward that are transferred for committing or refraining from committing acts based on the performance of obligations.
3. Fraud and misappropriation of property: Using one's official position for fraudulent activities or misappropriation of someone else's property.
4. Legalization of proceeds from crime : operations aimed at revealing the sources of illegal income and their introduction into a legal position.
5. Unlawful interference in the activities of state bodies : verification of the adoption of decisions or actions of state bodies for mercenary purposes.
Examples of corruption crimes:
1. Bribe: Providing money or other valuables to an official in exchange for performing or not performing certain actions.
2. Fraud: Using one's official position to deceive and gain at the expense of others.
3. Misappropriation or embezzlement : Misappropriation or embezzlement of property that has been placed in custody.
4. Money Laundering : The use of illegal funds to acquire legal assets and investments.
Paragraph 29 of Article 3 of the Criminal Code of the Republic of Kazakhstan defines the concept of "corruption crimes" as acts provided for by a number of specific articles of the Criminal Code of the Republic of Kazakhstan, which cover various types of violations related to abuse of official powers, illegal enrichment, bribery, bribery and other actions that violate the principles of public service and society.
Corruption Crimes in the Criminal Code of the Republic of Kazakhstan
According to this paragraph, corruption crimes include violations provided for by the following articles:
1. Article 189 (Misappropriation or embezzlement of entrusted property of others) – part three (paragraph 2) and part four. This includes actions committed using official position.
2. Article 190 (Fraud) – Part Three (Paragraph 2) and Part Four. It is qualified as fraud committed with the use of official position or on a large scale.
3. Article 218 (Legalization (Laundering) of Money and (or) Other Property Obtained by Criminal Means) – Part Three (Paragraph 1)
Article 218-1. Concealment of illegally acquired assets from circulation to the state income, as well as their legalization (laundering) - These are actions aimed at concealing the sources of illegal income through financial fraud.
4. Article 236 (Evasion of Customs Duties, Customs Fees, Taxes, Safeguard, Anti-Dumping and Countervailing Duties).
5. Article 361 (Abuse of official powers). Here we are talking about corruption in the state apparatus, when officials use their position for illegal actions.
7. Article 362 (Abuse of office).
8. Article 364 (Illegal participation in entrepreneurial activity).
9. Article 365 (Obstruction of lawful entrepreneurial activity).
10. Articles 366-370 (Bribery, bribery, mediation in bribery, provocation of bribery and other corruption crimes).
11. Articles 450-452 (Crimes related to the performance of official duties by military personnel).
Corruption crimes cover a wide range of acts that are aimed at using official position for mercenary purposes. Such crimes damage public administration, undermine citizens' confidence in State institutions and disrupt economic stability.
Legislative framework:
- Law of the Republic of Kazakhstan "On Combating Corruption": this law is aimed at preventing, detecting and eliminating corruption. It establishes the basic principles and measures to combat corruption in the public and private sectors.
- The Law "On Civil Service of the Republic of Kazakhstan": regulates the rules of conduct for civil servants, prohibits the use of official position for mercenary purposes and establishes penalties for corruption crimes.
Judicial practice and decisions of the Supreme Court:
- Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan dated November 27, 2015 No 8. "On the Practice of Consideration of Certain Corruption Crimes" - explains the procedure for applying criminal legislation in relation to corruption crimes. The Supreme Court emphasizes the importance of strict observance of human rights and procedure in the investigation of such crimes.
Responsibility:
Corruption offences carry severe penalties, including imprisonment, confiscation of property and a ban on holding certain positions. In cases where crimes are committed by a group of persons or using their official position, the punishment may be severe.
Conclusion:
Corruption crimes are crimes related to the use of official position for mercenary purposes. They fall under a number of articles of the Criminal Code, and are also regulated by anti-corruption legislation.
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