Section I. Criminal Law
Article 6. Effect of Criminal Law with Regard to Persons Having Committed Crimes on the Territory of the Republic of Kazakhstan
1. A person who committed a crime on the territory of the Republic of Kazakhstan shall bear liability in accordance with the present Code.
2. An act which was begun, or continued, or ended on the territory of the Republic of Kazakhstan, shall be recognised as a crime committed on the territory of the Republic of Kazakhstan. The effect of the present Code shall also apply to crimes which are committed on the continental shelf, and within the exclusive economic zone of the Republic of Kazakhstan.
3. A person having committed a crime on a ship registered in a port of the Republic of Kazakhstan, but which is in the open water or air space outside of the boundaries of the Republic of Kazakhstan, shall be subject to criminal liability under the present Code of the Republic of Kazakhstan, unless it is otherwise stipulated by an international treaty of the Republic of Kazakhstan. Under the present Code, a person shall also bear criminal liability who committed a crime on a military ship or military aircraft of the Republic of Kazakhstan, irrespective of its location.
4. The issue of criminal liability of diplomatic representatives of foreign states and other citizens who enjoy immunity, in case of the commission of a crime by them on the territory of the Republic of Kazakhstan, shall be resolved in accordance with the norms of international law.
Section I. Criminal Law
Article 7. The Effect of Criminal Law with Regard to Persons Who Committed a Crime Outside of the Boundaries of the Republic of Kazakhstan
1. Citizens of the Republic of Kazakhstan who committed a crime outside of the boundaries of the Republic of Kazakhstan shall be subject to criminal liability in accordance with the present Code, if a given act which was committed is recognised as a crime on the territory of a state where it was committed, and if those persons were not convicted in that other state. In case of conviction of said persons, punishment may not exceed the upper limit of the sanction which is stipulated by law of the state on the territory of which a given crime was committed. Stateless persons shall bear liability on the same bases.
2. Former conviction, and other criminal-legal consequences of the commission by a person of a crime on the territory of another state, shall not have criminal-legal significance for deciding on the issue of criminal liability of that person for a crime committed on the territory of the Republic of Kazakhstan, unless it is otherwise stipulated by an international treaty of the Republic of Kazakhstan, or when a given crime committed on the territory of another state did not concern the interests of the Republic of Kazakhstan.
3. Military servicemen of military units of the Republic of Kazakhstan located outside its boundaries shall bear criminal liability in accordance with the present Code for crimes committed on the territory of another state, unless it is otherwise stipulated by an international treaty of the Republic of Kazakhstan.
4. Foreigners who committed crimes outside of the boundaries of the Republic of Kazakhstan shall be subject to criminal liability in accordance with the present Code in cases in which a given crime was directed against the interests of the Republic of Kazakhstan, and in cases stipulated by an international treaty of the Republic of Kazakhstan, if those foreigners were not convicted in that other state, and are brought to criminal liability on the territory of the Republic of Kazakhstan.
1. The Court has jurisdiction only with respect to crimes committed after the entry into force of this Statute.
2. If a State becomes a Party to this Statute after its entry into force, the Court may exercise its jurisdiction only with respect to crimes committed after the entry into force of this Statute for that State, unless that State has made a declaration under article 12, paragraph 3.
1. A State which becomes a Party to this Statute thereby accepts the jurisdiction of the Court with respect to the crimes referred to in article 5.
2. In the case of article 13, paragraph (a) or (c), the Court may exercise its jurisdiction if one or more of the following States are Parties to this Statute or have accepted the jurisdiction of the Court in accordance with paragraph 3:
(a) The State on the territory of which the conduct in question occurred or, if the crime was committed on board a vessel or aircraft, the State of registration of that vessel or aircraft;
(b) The State of which the person accused of the crime is a national.
3. If the acceptance of a State which is not a Party to this Statute is required under paragraph 2, that State may, by declaration lodged with the Registrar, accept the exercise of jurisdiction by the Court with respect to the crime in question. The accepting State shall cooperate with the Court without any delay or exception in accordance with Part 9.
The Court may exercise its jurisdiction with respect to a crime referred to in article 5 in accordance with the provisions of this Statute if:
(a) A situation in which one or more of such crimes appears to have been committed is referred to the Prosecutor by a State Party in accordance with article 14;
(b) A situation in which one or more of such crimes appears to have been committed is referred to the Prosecutor by the Security Council acting under Chapter VII of the Charter of the United Nations; or
(c) The Prosecutor has initiated an investigation in respect of such a crime in accordance with article 15.