Article 407. Interfering with execution of justice and carrying out of prejudicial investigation
1. Intervention in any form in the activity of the court for the purposes of interfering with execution of justice –
shall be punished by a fine in the amount of up to two thousand monthly calculation indices or corrective labors in the same amount, or community services for a term of up to six hundred hours, or restriction of liberty for a term of up to two years, or deprivation of liberty for the same term.
2. Intervention in any form in activity of prosecutor or person, carrying out prejudicial investigation for the purposes of interfering with comprehensive, complete and objective prejudicial investigation –
shall be punished by a fine in the amount of up to one hundred and sixty monthly calculation indices or corrective labors in the same amount, or community services for a term of up to one hundred and sixty hours, or arrest for a term of up to forty days.
3. The actions, provided by first or second parts of this Article, committed by person with the use of his (her) official position, -
shall be punished by a fine in the amount of up to three thousand monthly calculation indices or corrective labors in the same amount, or community services for a term of up to eight hundred hours, or restriction of liberty for a term of up to three years, or deprivation of liberty for the same term, with deprivation of the right to hold certain positions or engage in certain activity for a term of up to three years or without it.
Article 408. Encroachment on the life of a judge of the Constitutional Court of the Republic of Kazakhstan, a person administering justice or conducting pre-trial investigation
Encroachment on the life of a judge of the Constitutional Court of the Republic of Kazakhstan, a judge, a juror, a prosecutor, a person conducting a pre-trial investigation, a defense counsel, an expert, a bailiff, justice officer, as well as their relatives associated with consideration of cases or materials in the Constitutional Court of the Republic of Kazakhstan, a court, pre-trial investigation proceedings or the execution of a sentence, court decision or other judicial act, committed for the purpose of obstructing the legal activities of these persons or out of revenge for such activities, -
shall be punished by imprisonment for the term of fifteen to twenty years or life imprisonment.
Article 409. Threats or violent actions associated with administering of constitutional proceedings, justice or pre-trial investigation
1. Threat of murder, infliction of harm to health, damage or destruction of property against a judge of the Constitutional Court of the Republic of Kazakhstan, a judge, a juror, as well as their relatives associated with consideration of cases or materials in the Constitutional Court of the Republic of Kazakhstan, a court –
shall be punishable by a fine in the amount of up to four thousand monthly calculation indices, or by corrective labor in the same amount, or by community service for a term of up to one thousand hours, or by restraint of liberty for a term of up to four years, or by deprivation of liberty for the same term.
2. The same deeds committed against a prosecutor, a person conducting a pre-trial investigation, a defense counsel, an expert, a bailiff, a court officer, as well as their relatives in connection with the conduct of a pre-trial investigation, consideration of a case or materials in court, or the execution of a sentence, a court decision or any other judicial act, shall be punishable by a fine in the amount of up to three thousand monthly calculation indices, or by corrective labor in the same amount, or by community service for a term of up to eight hundred hours, or by restraint of liberty for a term of up to three years, or by deprivation of liberty for the same term.
3. The deeds provided for by the first or second parts of this article, committed:
1) by a group of persons, a group of persons by prior agreement or a criminal group;
2) in an emergency situation or during mass riots;
3) in an area where a state of emergency has been declared, or in an anti-terrorist operation zone;
4) through the use of telecommunications networks, including the Internet, –
shall be punishable by restraint of liberty for a term up to five years, or imprisonment for the same term.
4. Use of violence that is not dangerous to life or health in relation to persons and on the grounds specified in parts one or two of this article, -
shall be punishable by restraint of liberty for a term of three to seven years, or imprisonment for the same term.
5. The deed provided for by part four of this article, committed:
1) in relation to two or more persons;
2) in relation to a person who is obviously in a helpless condition for the perpetrator, as well as associated with the kidnapping of a person or taking a hostage;
3) by a group of persons, a group of persons by prior agreement or a criminal group;
4) for the purpose of concealing another crime or facilitating its commission;
5) repeatedly;
6) in respect of knowingly a minor;
7) in an emergency situation or during mass riots;
8) in an area where a state of emergency has been declared, or in a zone where an anti-terrorist operation is being carried out, -
shall be punishable by restraint of liberty for a term of five to ten years, or imprisonment for the same term.
6. Use of violence dangerous to life or health in relation to persons and on the grounds specified in parts one or two of this article, -
shall be punishable by imprisonment for a term of ten to fifteen years.
7. The act provided for by part six of this article, committed:
1) in relation to two or more persons;
2) in relation to a person who is obviously in a helpless state for the perpetrator, as well as associated with the kidnapping of a person or taking a hostage;
3) with extreme atrocity;
4) by a group of persons, a group of persons by prior collusion or a criminal group;
5) for the purpose of concealing another crime or facilitating its commission;
6) repeatedly;
7) in respect of knowingly a minor;
8) in an emergency situation or during mass riots;
9) in an area where a state of emergency has been declared, or where an anti-terrorist operation is being carried out, –
shall be punishable by imprisonment for a term of twelve to seventeen years.
Article 411. Slander against a judge of the Constitutional Court of the Republic of Kazakhstan, a judge, a juror, a prosecutor, a person conducting a pre-trial investigation, an expert, a bailiff, justice officer
1. Slander against a judge of the Constitutional Court of the Republic of Kazakhstan, a judge or a juror in connection with the consideration of cases or materials in the Constitutional Court of the Republic of Kazakhstan, a court –
shall be punished by a fine in the amount of up to two thousand monthly calculation indices or corrective labors in the same amount, or community services for a term of up to six hundred hours, or restriction of liberty for a term of up to two years, or deprivation of liberty for the same term.
2. The same action, committed in relation of prosecutor, person, executing prejudicial investigation, expert, bailiff, officer of justice in connection with execution of prejudicial investigation, carrying out of legal expertise or execution of a sentence, court decision or other judicial act, -
shall be punished by a fine in the amount of up to two thousand monthly calculation indices or corrective labors in the same amount, or community services for a term of up to six hundred hours, or restriction of liberty for a term of up to two years, or deprivation of liberty for the same term.
3. The actions, provided by first or second parts of this Article, linked with accusation of person in commission of grievous or especially grave crime, -
shall be punished by a fine in the amount of up to four thousand monthly calculation indices or corrective labors in the same amount, or community services for a term of up to one thousand hours, or restriction of liberty for a term of up to four years, or deprivation of liberty for the same term.
Article 415. Compulsion of evidence
Compulsion of suspected, accused, injured, witness of evidence, filing of application on committed crime or compulsion of failure to give evidence, or compulsion of expert of giving conclusion by use of threats, blackmail or other illegal actions on the part of prosecutor or person, executing prejudicial investigation, -
shall be punished with a fine worth up to five thousand monthly calculation indices, or with corrective labor in the same amount, or restriction of liberty for a term of up to four years, or imprisonment for the same term, with or without the deprivation of the right to hold certain positions or engage in certain activities for up to four years.
Article 416. Falsification of evidences and operational-search, counterintelligence materials
1. Falsification of evidences on civil case by person, participating in the case, or by his (her) representative –
shall be punished with a fine worth up to three thousand monthly calculation indices, or with corrective labor in the same amount, or involvement in community service for a term of up to one thousand hours, or restriction of liberty for a term of up to three years, or imprisonment for the same term.
2. Falsification of evidences on the cases on administrative infractions, committed by civil servant, authorized to drawing up protocol on administrative infractions, -
shall be punished with a fine worth up to four thousand monthly calculation indices, or with corrective labor in the same amount, or involvement in community service for a term of up to one thousand two hundred hours, or restriction of liberty for a term of up to five years, or imprisonment for the same term, with the deprivation of the right hold certain positions or engage in certain activities for up to five years.
3. Falsification of investigative, counterintelligence materials or protocols of secret investigative actions or annexes to them by an official of the body, carrying out operational-investigative, counterintelligence activities, –
shall be punished with a fine worth up to five thousand monthly calculation indices, or with corrective labor in the same amount, or restriction of liberty for a term of up to six years, or imprisonment for the same term, with the deprivation of the right to hold certain positions or engage in certain activities for a term of up to six years.
4. Falsification of evidences in the course of criminal proceedings by person, executing prejudicial investigation, prosecutor, specialist, participating in the procedural actions, or defence counsel –
shall be punished with a fine worth up to six thousand monthly calculation indices, or with corrective labor in the same amount, or restriction of liberty for a term of up to seven years, or imprisonment for the same term, with the deprivation of the right to hold certain positions or engage in certain activities for a term of up to seven years.
5. The actions, provided by first, second, third or fourth parts of this Article, entailed imposition of illegal sentence, decision or other judicial act, -
shall be punished with imprisonment for a term of three to eight years with the deprivation of the right to hold certain positions or engage in certain activities for a term of up to seven years.
6. Tampering with evidence in a criminal proceeding on a crime against sexual inviolability of a minor, a grave or especially grave crime, as well as entailing grave consequences, -
shall be punished with imprisonment for a term of five to ten years, with the deprivation of the right to hold certain positions or engage in certain activities for a term of up to eight years.
Article 417. Provocation of commercial bribery or corruption
1. Provocation of commercial bribery, in other words attempt to transfer the money, property benefits and priorities to the person, exercising management functions in commercial or other organizations, without his (her) consent for the purposes of artificial creation of evidences of commission of a crime or blackmail, -
shall be punished with a fine worth up to six thousand monthly calculation indices, or with corrective labor in the same amount, or restriction of liberty for a term of up to six years, or imprisonment for the same term.
2. Provocation of bribery, in other words the same action, committed in relation of person, authorized to exercise the state functions, or person, equated to him (her), or civil servant, or person, holding responsible state position, -
shall be punished with imprisonment for a term of three to eight years, with the deprivation of the right to hold certain positions or engage in certain activities for a term of up to five years.
Article 420. Knowingly false testimony, conclusion of expert, specialist or erroneous translation
1. Knowingly false testimony of witness, injured person or conclusion of expert, specialist in a court or in the course of prejudicial investigation, as well as certainly erroneous translation, made by translator in the same cases, as well as upon execution of executive documents, -
shall be punished by restriction of liberty for the term of up to six years or imprisonment for the same term.
2. The same actions, committed on criminal case on corruption, grievous or especially grave crime or for selfish motives, -
shall be punished by imprisonment for the term of five to ten years.
Article 422. Bribery or compulsion to give false evidences or evasion of giving evidences, false conclusion or to erroneous translation
1. Bribery of a witness, injured person in order to give by them the false evidences or expert in order to give by him (her) false conclusion or false evidences, as well as translator in order to make him (her) erroneous translation –
shall be punished by a fine in the amount of up to four thousand monthly calculation indices or corrective labors in the same amount, or community services for a term of up to one thousand hours, or restriction of liberty for a term of up to four years, or deprivation of liberty for the same term.
2. Compulsion of a witness, injured person to give false evidences, expert to give false conclusion or translator to making erroneous translation, as well as compulsion of specified persons to evasion of giving evidences, linked with blackmail, threat of homicide, infliction of harm to the health, destruction of property of these persons or their relatives, -
shall be punished by a fine in the amount of up to five thousand monthly calculation indices or corrective labors in the same amount, or community services for a term of up to one thousand two hundred hours, or restriction of liberty for a term of up to five years, or deprivation of liberty for the same term.
3. The actions, provided by second part of this Article, committed with the use of force, not danger for life or health of specified persons, -
shall be punished by restriction of liberty for the term of up to six years or imprisonment for the same term.
4. The actions, provided by first or second parts of this Article, committed by criminal group or with the use of force, danger for life or health of specified persons, as well as linked with accusation of commission of corruption, grievous or especially grave crime, -
shall be punished by imprisonment for the term of two to eight years.
Article 430. Non-execution of sentence, court decision or other judicial act or executive document
1. Non-execution of sentence, court decision or other judicial act or executive document more than six months, as well as interfering with their execution –
shall be punished by community services for a term of up to eight hundred hours or by restriction of liberty for a term of up to three years, or by deprivation of liberty for the same term.
2. The same actions, committed by person with the use of his (her) official position, -
shall be punished by community services for a term of up to one thousand two hundred hours or by restriction of liberty for a term of three to five years, or by deprivation of liberty for the same term, with deprivation of the right to hold certain positions or engage in certain activity for a term of up to five years.
3. The actions, provided by first or second parts of this Article, on which the sum of recovery exceeds ten thousand monthly calculation indices, established by the legislation of the Republic of Kazakhstan for the moment of commission of a crime, as well as interfering with their execution –
shall be punished by restriction of liberty for the term of up to seven years or imprisonment for the same term, with deprivation of the right to occupy determined posts or to engage in a determined activity for the term of up to five years.
THE SPECIAL PART
Chapter 15. Crimes Against Justice and the Order for Carrying Out Punishment
Article 339. Obstructing the Administration of Justice and Performance of a Preliminary Investigation
1. Interference in any form with the activity of a court for the purposes of obstructing the administration of justice, -
shall be punished by a fine in an amount from two hundred up to three hundred minimum assessment indices, or in an amount of wages, or other income of a given convict for a period from two to five months, or by detention under arrest for a period from three to six months, or by imprisonment for a period up to two years.
2. Interference in any form with the activity of a prosecutor, investigator, or a person carrying out an inquest, for the purpose of impeding the comprehensive, complete, and objective investigation of a given case, -
shall be punished by a fine in an amount from one hundred up to two hundred minimum assessment indices, or in an amount of wages or other income of a given convict for a period from one to two months, or by engagement in public works for a period from one hundred eighty up to two hundred forty hours, or by detention under arrest for a period from three to six months.
3. Acts stipulated by the first or second part of this Article committed by a person with the use of his official position, -
shall be punished by a fine in an amount from five hundred up to seven hundred monthly assessment indices, or in an amount of wages or other income of a given convict for a period from five to seven months, or by imprisonment for a period up to three years with deprivation of the right to hold certain positions or to engage in certain types of activity for the same period, or without it.
THE SPECIAL PART
Chapter 15. Crimes Against Justice and the Order for Carrying Out Punishment
Article 340. An Attempt upon the Life of a Person Administering Justice or Carrying out a Preliminary Investigation
An attempt upon the life of a judge, prosecutor, investigator, a person carrying out an inquest, counsel for the defence, expert, bailiff, or court executor, as well as their relatives in relation to the consideration of cases or materials in court, carrying out a preliminary investigation, or execution of a judgement, court decision, or other judicial act, which is committed for the purposes of impeding legitimate activity of said persons, or out of revenge for such activity, -
shall be punished by imprisonment for a period from ten to twenty years, or by capital punishment, or life-time imprisonment.
THE SPECIAL PART
Chapter 15. Crimes Against Justice and the Order for Carrying Out Punishment
Article 341. Threatening or Violent Actions in Relation to the Administration of Justice or Carrying out a Preliminary Investigation
1. Threatening with murder, causation of damage to health, damaging or destruction of property with regard to a judge, as well as his relatives in relation to the consideration of cases or materials in
court, -
shall be punished by a fine in an amount from five hundred up to seven hundred monthly assessment indices, or in an amount of wages or other income of a given convict for a period from five to seven months, or by imprisonment for a period up to three years.
2. The same act committed with regard to a prosecutor, investigator, a person carrying out an inquest, counsel for the defence, expert, bailiff, executor, as well as their relatives in relation to the carrying out a preliminary investigation, consideration of a given case or materials in court, or execution of a judgement, court decision, or other judicial act, -
shall be punished by a fine in an amount from two hundred up to five hundred monthly assessment indices, or in an amount of wages or other income of a given convict for a period from two to five months, or by detention under arrest for a period from three to six months, or by imprisonment for a period up to two years.
3. Acts stipulated by the first or second part of this Article which are committed with violence that is not dangerous for life or health, -
shall be punished by imprisonment for a period up to five years.
4. Acts stipulated by the first or second part of this Article committed with violence which is dangerous for life or health, -
shall be punished by imprisonment for a period from five to ten years.
THE SPECIAL PART
Chapter 15. Crimes Against Justice and the Order for Carrying Out Punishment
Article 347. Coercion to Provide Evidence
1. Coercion of a suspect, defendant, a victim, or a witness to give evidence, or coercion of an expert to present findings, by way of threatening, blackmail, or other illegal actions on behalf of a given investigator or a person carrying out an inquest, -
shall be punished by imprisonment for a period up to three years.
THE SPECIAL PART
Chapter 15. Crimes Against Justice and the Order for Carrying Out Punishment
Article 348. Falsification of Evidence
1. Falsification of evidence in a civil case by a person participating in it, or by his representative, -
shall be punished by a fine in an amount from five hundred up to eight hundred monthly assessment indices, or in an amount of wages or other income of a given convict for a period from five to eighty months, or by correctional labour for a period from one to two years, or by detention under arrest for a period from two to four months, or by restriction of freedom for a period up to two years.
2. Falsification of evidence in a criminal case by a person carrying out an inquest, investigator, prosecutor specialist who participates in the procedural acts, or counsel of the defence, -
shall be punished by imprisonment for a period up to three years with deprivation of the right to hold certain positions or to engage in certain types of activity for a period up to three years.
3. Falsification of evidence in a criminal case concerning a grave or an especially grave crime, as well as falsification which entailed grave consequences, -
shall be punished by imprisonment for a period from three to seven years with deprivation of the right to hold certain positions or to engage in certain types of activity for a period up to three years.
THE SPECIAL PART
Chapter 15. Crimes Against Justice and the Order for Carrying Out Punishment
Article 352. Deliberately False Testimony or Expert Findings, or Incorrect Translation
1. Deliberately false testimony of a witness or a victim, or findings of an expert in court, or in the carrying out of an inquest or a preliminary investigation, as well as intentionally incorrect translation made by a translator in the same cases, -
shall be punished by a fine in an amount from one hundred up to two hundred monthly assessment indices, or in an amount of wages or other income of a given convict for a period from one to two months, or by engagement in public works for a period from one hundred eighty up to two hundred forty hours, or by correctional labour for a period up to two years, or by detention under arrest for a period up to three months.
2. The same acts combined with an accusation of a person in the commission of a grave or an especially grave corruption crime, or combined with artificial creation of evidence for the prosecution, as well as such acts committed for venal purposes, -
shall be punished by imprisonment for a period from three to eight years.
Note. A witness, victim, expert, or translator shall be exempt from criminal liability, if they voluntarily in the course of an inquest, preliminary investigation, or a court hearing, prior to the passing of a sentence or a decision by the court, admitted the falsity of evidence given by them, findings, or incorrect translation.
THE SPECIAL PART
Chapter 15. Crimes Against Justice and the Order for Carrying Out Punishment
Article 354. Subornation or Coercion to Giving False Evidence or to Evasion of Giving Evidence, or False Findings, or Incorrect Translation
1. Subornation of a witness or victim for the purposes of the giving of false evidence by them, or of an expert for the purpose of the issuing by him of false findings, as well as of a translator for the purposes of making by him of an incorrect translation, -
shall be punished by a fine in an amount up to one thousand monthly assessment indices, or in an amount of wages or other income of a given convict for a period up to ten months, or by restriction of freedom for a period up to three years, or by imprisonment for the same period.
2. Coercion of a witness or a victim to give false evidence, or of an expert to issue false findings, or a translator to make incorrect translation, as well as coercion of said persons to evade giving evidence, which is combined with blackmail, threatening with murder, causation of damage to health, destruction of property of those persons or of their relatives, -
shall be punished by a fine in an amount from two hundred up to five hundred monthly assessment indices, or in an amount of wages or other income of a given convict for a period from two to five months, or by detention under arrest for a period from three to six months, or by imprisonment for a period up to three years.
3. An act stipulated by the second part of this Article which is committed with violence not dangerous for life or health of said persons, -
shall be punished by imprisonment for a period up to five years.
4. Acts stipulated by the first or second part of this Article, which are committed by an organised group or with violence which is dangerous for life or health of said persons, and equally associated with accusation of committing a corruption crime, grave or especially grave crime, -
shall be punished by imprisonment for a period from two to eight years.
1. The Court shall have jurisdiction over the following offences against its administration of justice when committed intentionally:
(a) Giving false testimony when under an obligation pursuant to article 69, paragraph 1, to tell the truth;
(b) Presenting evidence that the party knows is false or forged;
(c) Corruptly influencing a witness, obstructing or interfering with the attendance or testimony of a witness, retaliating against a witness for giving testimony or destroying, tampering with or interfering with the collection of evidence;
(d) Impeding, intimidating or corruptly influencing an official of the Court for the purpose of forcing or persuading the official not to perform, or to perform improperly, his or her duties;
(e) Retaliating against an official of the Court on account of duties performed by that or another official;
(f) Soliciting or accepting a bribe as an official of the Court in connection with his or her official duties.
2. The principles and procedures governing the Court's exercise of jurisdiction over offences under this article shall be those provided for in the Rules of Procedure and Evidence. The conditions for providing international cooperation to the Court with respect to its proceedings under this article shall be governed by the domestic laws of the requested State.
3. In the event of conviction, the Court may impose a term of imprisonment not exceeding five years, or a fine in accordance with the Rules of Procedure and Evidence, or both.
4.
(a) Each State Party shall extend its criminal laws penalizing offences against the integrity of its own investigative or judicial process to offences against the administration of justice referred to in this article, committed on its territory, or by one of its nationals;
(b) Upon request by the Court, whenever it deems it proper, the State Party shall submit the case to its competent authorities for the purpose of prosecution. Those authorities shall treat such cases with diligence and devote sufficient resources to enable them to be conducted effectively.