Presenting false or forged evidence

Kazakhstan

Kazakhstan - Criminal Code 2014 (2023) EN

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.

Kazakhstan - Criminal Code 1997 (2004) EN

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.

Rome Statute

Article 70 Offences against the administration of justice

1. The Court shall have jurisdiction over the following offences against its administration of justice when committed intentionally:

(b) Presenting evidence that the party knows is false or forged;