Article 7. Effect of Criminal Law in relation of persons, committed a criminal infraction in the Territory of the Republic of Kazakhstan
1. A person committed a criminal infraction in the territory of the Republic of Kazakhstan shall subject to responsibility under this Code.
2. A criminal infraction, committed in the territory of the Republic of Kazakhstan shall be recognized an action which was initiated or continued or was completed in the territory of the Republic of Kazakhstan. An effect of this Code shall be also applied to criminal infractions, committed on the continental shelf and in the exclusive economic zone of the Republic of Kazakhstan.
3. A person committed a criminal infraction on vessel, assigned to the port of the Republic of Kazakhstan and located in open water or air space outside of the Republic of Kazakhstan shall be subject to the criminal responsibility under this Code unless otherwise provided by international treaty of the Republic of Kazakhstan. Under this Code, a person committed a criminal infraction on warship or military aircraft of the Republic of Kazakhstan, independent from its location shall also bear a criminal responsibility.
4. The issue of criminal responsibility of diplomatic representatives of foreign states and other citizens who enjoy immunity, in the case of commission of criminal infraction by these persons in the territory of the Republic of Kazakhstan shall be resolved in accordance with regulations of international law.
Article 8. An effect of criminal Law in relation of persons, committed a criminal infraction outside the Republic of Kazakhstan
1. Citizens of the Republic of Kazakhstan, committed a criminal infraction outside the Republic of Kazakhstan shall subject to criminal responsibility under this Code, if an action, committed by them is recognized as criminally liable in the state, in the territory of which it was committed, and if these persons are not convicted in another state. Upon conviction of specified persons, a penalty may not exceed the maximum sanction, provided by the Law of the state in whose territory the criminal infraction was committed. On the same basis the foreigners and stateless persons being in the territory of the Republic of Kazakhstan shall bear responsibility, in the cases where they cannot be extradited to a foreign state for criminal prosecution or service of sentence in accordance with international treaty of the Republic of Kazakhstan.
The provisions of this Code shall be applied regardless of the place of commission of the crime in respect of citizens of the Republic of Kazakhstan, stateless persons, permanently residing on the territory of the Republic of Kazakhstan, in cases of commission of a terroristic or extremist crime or crimes against the peace and security of mankind or for causing other grave harm to the vital interests of the Republic of Kazakhstan, unless otherwise established by an international treaty of the Republic of Kazakhstan.
2. Conviction and other penal consequence of commission of criminally punishable action by person, in the territory of other state shall not have a criminal legal meaning for resolution of the issue on criminal responsibility of this person for criminal infraction, committed in the territory of the Republic of Kazakhstan, unless otherwise provided by international treaty of the Republic of Kazakhstan or if criminally punishable action, committed in the territory of other state is not affected the national interests of the Republic of Kazakhstan.
3. Military servants of military units of the Republic of Kazakhstan, deployed outside shall bear a criminal responsibility under this Code for criminal infractions, committed in the territory of foreign state, unless otherwise provided by international treaty of the Republic of Kazakhstan.
4. Foreigners, as well as stateless persons who do not permanently reside in the territory of the Republic of Kazakhstan, who have committed a crime outside the Republic of Kazakhstan, are subject to criminal liability under this Code in cases where this act is directed against the interests of the Republic of Kazakhstan, the commission of a corruption crime or a crime in the field of economic activity and in cases provided for by an international treaty of the Republic of Kazakhstan, if they have not been convicted in another state and are being prosecuted in the territory of the Republic of Kazakhstan.
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.