Article 77
1. A judge in the administration of justice is independent and subject only to the Constitution and the law.
2. Any interference with the court’s administration of justice is unacceptable and punishable by law. Judges are not accountable for specific cases.
3 When applying the law, the judge shall be guided by the following principles:
1) a person is considered to be innocent of committing a crime until his guilt is recognized by the court judgment that has entered into legal force;

2) no one may be subjected to repeated criminal or administrative liability for the same offense;
3) no one’s court jurisdiction, provided for him by law, can be changed without his consent;
4) everyone has the right to be heard in court;
5) laws that establish or strengthen liability, impose new duties on citizens or worsen their situation, do not have retroactive effect. If, after committing the offense, the responsibility for it is cancelled or mitigated by law, the new law shall be applied;
6) the accused is not obliged to prove his innocence;
7) no one is obliged to testify against himself, or his spouse (-s) and close relatives, whose circle is determined by law. Priests are not obliged to testify against those who confided in them at confession;
8) any doubts about the guilt of the person shall be interpreted in favour of the accused;
9) evidence obtained in an unlawful manner is not legally binding. No one can be convicted solely on the basis of his own confession
10) the application of criminal law by analogy is not allowed.
4. The principles of justice established by the Constitution are common and uniform for all courts and judges of the Republic.
Footnote. See the resolutions of the Constitutional Council of the Republic of Kazakhstan dated
10.03.1999 No. 2/2; dated April 18, 2007, No. 4.

Section I. Criminal Law

Article 3. The Basis for Criminal Liability

The only basis for criminal liability shall be the commission of a crime, that is, an act which has all of the attributes of a legally defined crime stipulated by the present Code. No one can be subject to repeated criminal liability for one and the same crime.

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

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.

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

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.