Last Change:
03/20/2026
Law No. 226-V, Criminal Code of the Republic of Kazakhstan
Year: 2014
Type: Domestic law
Rights Category: Asylum, Liberty & security of person
Description
The Criminal Code of the Republic of Kazakhstan criminalizes human trafficking: for acts such as buying and selling or other transactions with a person, exploitation, recruitment, transportation, transfer, harboring or receiving people using violence, threats, deception or abuse of trust.
Selected provisions
1. Intentional illegal crossing the State Border of the Republic of Kazakhstan out of
crossing points on the State Border, as well as intentional illegal crossing the State Border of
the Republic of Kazakhstan in the specified points, committed with false documents or with
fraudulent use of valid documents of third parties, as well as with violation of the established
procedure, -
shall be punished by a fine of up to two thousand monthly calculation indices or
imprisonment for up to three years, with expulsion from the Republic of Kazakhstan of a
foreigner or stateless person.
1-1. The same acts committed:
1) by a group of persons, a group of persons by prior agreement;
2) repeatedly;
3) by a person who is subject to a known prohibition (temporary restriction) on entry into
or exit from the Republic of Kazakhstan,
shall be punished by a fine of up to three thousand monthly calculation indices or
imprisonment for up to four years, with expulsion from the Republic of Kazakhstan of the
foreigner or stateless person.
2. Acts provided for in parts one or one of this article, committed by a criminal group or
with the use of violence or the threat of its use,
shall be punished by imprisonment for a term of four to seven years with deportation from
the Republic of Kazakhstan of a foreigner or stateless person.
Footnote. Article 392 as amended by the Law of the Republic of Kazakhstan dated
16.07.2025 № 210-VIII (shall be enforced upon expiry of sixty calendar days after its first
official publication).
1. Kidnapping -
shall be punished by imprisonment for the term of four to seven years.
2. The same action, committed:
1) group of persons on previous concert;
2) repeatedly;
3) with use of force, dangerous to life or health;
4) with use of weapons or objects used as weapons;
5) excluded by the Law of the Republic of Kazakhstan dated 15.04.2024 № 72-VIII (shall
be enforced upon expiry of sixty calendar days after its first official publication);
6) in relation of woman, certainly for guilty person being in the state of pregnancy;
7) in relation of two or more persons;
8) for mercenary motives;
9) by a person using his/her official position;
10) with falsification, concealment or destruction of documents proving the identity of the
victim, -
shall be punished by imprisonment for the term of seven to twelve years with confiscation
of property or without it.
3. The actions, provided by first or second parts of this Article, if they:
1) committed by criminal group;
2) committed in order of operation of abducted;
2-1) committed against a person known to be a minor;
3) resulted the death of injured person by negligence or other grievous consequences –
shall be punished by imprisonment for the term of ten to fifteen years with confiscation of
property or without it.
Footnote. Article 125 is as amended by Law № 292-VІ of the Republic of Kazakhstan as
of 27.12.2019 (the enforcement procedure is in Art.2); dated 15.04.2024 № 72-VIII (shall be
enforced upon expiry of sixty calendar days after its first official publication); dated
16.07.2025 № 210-VIII (shall be enforced upon expiry of sixty calendar days after its first
official publication).
1. Illegal imprisonment, not related with his (her) kidnapping -
shall be punished by restriction of liberty for the term of up to three years or
imprisonment for the same term.
2. The same action, committed:
1) group of persons on previous concert;
2) repeatedly;
3) with use of force, dangerous to life and health;
4) with use of weapons or objects used as weapons;
5) excluded by the Law of the Republic of Kazakhstan dated 15.04.2024 № 72-VIII (shall
be enforced upon expiry of sixty calendar days after its first official publication);
6) in relation of woman, certainly for guilty person being in the state of pregnancy;
7) in relation of two or more persons;
8) for selfish motives;
9) using material or other dependence of the victim;
10) by a person using his/her official position;
11) with falsification, concealment or destruction of documents proving the identity of the
victim -
shall be punished by imprisonment for the term of up to five years with confiscation of
property or without it.
3. The actions, provided by first or second parts of this Article, if they:
1) committed by criminal group;
2) committed in order of illegal operation of deprived of liberty;
2-1) committed against a person known to be a minor;
3) resulted the death of injured person by negligence or other grievous consequences, -
shall be punished by imprisonment for the term of five to ten years with confiscation of
property or without it.
Footnote. Article 126 is as amended by Law № 292-VІ of the Republic of Kazakhstan as
of 27.12.2019 (the enforcement procedure is in Art.2); dated 15.04.2024 № 72-VIII (shall be
enforced upon expiry of sixty calendar days after its first official publication).
1. Genocide, in other words intentional actions, directed to complete or partial destruction
of national, ethnic, racial or religious group by killing of members of this group, infliction of
grievous harm to their health, forcible prevention of childbearing, forcible transfer of children
, forced resettlement or creation of other living conditions, rated to physical destruction of
members of this group, -
shall be punished by deprivation of liberty for a term of fifteen to twenty years or life
deprivation of liberty with deprivation of citizenship of the Republic of Kazakhstan or
without it.
2. The same actions, committed in wartime, -
shall be punishable by imprisonment for a term of fifteen to twenty years or life
imprisonment with or without deprivation of citizenship of the Republic of Kazakhstan.
Footnote. Article 168 as amended by the Law of the Republic of Kazakhstan dated
11.07.2017 № 91-VI (shall be enforced upon expiry of ten calendar days after its first official
publication); dated 29.12.2021 № 89-VII (effective ten calendar days after the date of its first
official publication).
The only ground of criminal responsibility is commission of criminal infraction, in other
words the action that contains all the signs of component element of the crimes or criminal
offence, provided by this Code. No one may be subject twice to criminal responsibility for the
same criminal infraction. The application of criminal Law is not permitted by analogy.
1. The crimes shall be divided into crimes of little gravity, crimes of average gravity,
grievous crime and especially grave crimes depending on the nature and level of social danger
.
2. Crimes of little gravity shall be recognized as intentional actions, for commission of
which the maximum punishment, provided by this Code, not exceeds two years of
imprisonment, as well as reckless actions, for commission of which this Code provides the
maximum punishment, not exceeding five years of imprisonment.
3. Crimes of average gravity shall be recognized as intentional actions, for commission of
which the maximum punishment, provided by this Code, not exceeds two years of
imprisonment, as well as reckless actions, for commission of which is provided a punishment
in the form of imprisonment for the term of over five years.
4. Grievous crimes shall be recognized as intentional actions, for commission of which
this Code provides the maximum punishment, not exceeding twelve years of imprisonment.
5. Intentional acts, for the commission of which this Code provides for punishment in the
form of imprisonment for a term of more than twelve years or life imprisonment, shall be
recognized as especially grave crimes.
Footnote. Article 11 as amended by the Law of the Republic of Kazakhstan dated
29.12.2021 № 89-VII (effective ten calendar days after the date of its first official publication
1. Sane individual, reached the age of sixteen at the time of the commission of a criminal
infraction shall subject to the criminal responsibility.
2. Persons who have reached the age of fourteen at the time of committing the crime shall
be subject to criminal liability for murder (Article 99), intentional infliction of grievous
bodily harm (Article 106), intentional infliction of moderate bodily harm under aggravating
circumstances (part two статьи 107), rape (Article 120), violent acts of a sexual nature (
Article 121), kidnapping (Article 125), assault on internationally protected persons or
organizations (Article 173), inciting social, national, tribal, racial, class or religious discord (
Article 174), attempt on the life of former President of the Republic of Kazakhstan (Article
177), attempt on the life of President of the Republic of Kazakhstan (Article 178), sabotage (
Article 184), theft (parts two, three and four of Article 188), cattle theft (parts two, three and
four of Article 188-1), robbery (parts two, three and four of Article 191), armed robbery (
Article 192), extortion (parts two, three and four of Article 194), illegal seizure of a car or
other vehicles without the intent to steal under aggravating circumstances (parts two, three
and four of Article 200), intentional destruction of or damage to another's property under
aggravating circumstances (parts two and three of Article 202), intentional destruction,
exportation or damage to objects of special value under aggravating circumstances (parts two
and three of Article 203), an act of terrorism (Article 255), propaganda of terrorism or public
calls to commit an act of terrorism (Article 256), creation, leadership of a terrorist group and
participation in its activities (parts one and two of Article 257), financing terrorist or
extremist activities and other assistance to terrorism or extremism (Article 258), hostage
taking (Article 261), assault on buildings, structures, communication means and
communication facilities or their seizure (Article 269), knowingly false report of an act of
terrorism (Article 273), theft or extortion of weapons, ammunition, explosives and explosive
devices (Article 291), hooliganism under aggravating circumstances (parts two and three of
Article 293), theft or extortion of narcotic drugs, psychotropic substances, their analogues (
Article 298), desecration of the bodies of the deceased and their burial places under
aggravating circumstances (part two of Article 314) and intentional damage to transport
vehicles or communication routes (Article 350).
3. If the minor has attained the age provided by first or second part of this Article, but in
consequence of gap of mental development, not related with mental disease, during
commission of criminal infraction could not be fully aware of the actual nature and social
danger of his (her) actions (omission) or control them, he (she) shall subject to criminally
responsibility.
4. Persons committed the criminal infractions are equal before the Law independent from
origin, social, official and property position, sex, race, nationality, language, religion, beliefs,
membership of public associations, place of residence or any other circumstances.
Footnote. Article 15 as amended by the Law of the Republic of Kazakhstan dated
11.07.2017 № 91-VI (shall be enforced upon expiry of ten calendar days after its first official
publication); № 292-VІ as of 27.12.2019 (the enforcement procedure is in Art.2); dated
26.06.2020 № 349-VI (shall be enforced upon expiry of ten calendar days after the day of its
first official publication); dated 05.07.2024 № 111-VIII (effective sixty calendar days after
the date of its first official publication); dated 16.07.2025 № 210-VIII (shall be enforced upon
expiry of sixty calendar days after its first official publication).
1. Sane person who during commission of a criminal infraction by virtue of mental
disease could not be fully aware of the actual nature and social danger of his (her) actions (
omission) or control them shall subject to a criminal responsibility.
2. Mental disease, not excluding sanity shall be considered by court upon assignment of
punishment as mitigating circumstance and may serve as a basis for the appointment of
enforcement measures of medical nature, provided by this Code.
1. The punishment is a measure of the state enforcement, appointed by court verdict. The
punishment shall be applied to the person, recognized as a guilty in commission of criminal
infraction and shall be concluded in deprivation or restriction of rights and freedoms of such
person.
2. The punishment shall be applied in order of rectification of social justice, as well as
correction of convicted person and prevention of commission of new criminal infractions both
to the convicted persons, and to other persons. Punishment is not intended to cause physical
suffering or abasement of human dignity.
1. A person, serving restriction of liberty or imprisonment, after actual service of terms,
specified in the third, fourth and fifth part of this Article may be released on probation – on
parole by court, if it is recognized by court that he (she) does not need a full serving of
sentence for his (her) correction.
A person, serving restriction of liberty or imprisonment, after actual service of terms,
specified in the third, fourth and fifth part of this Article shall subject to release on probation
– on parole in the case of full compensation by them of damage, caused by crime and absence
of gross violations of established procedure of service of sentence.
A person, serving of imprisonment, imposed for terroristic or extremist crime, but
resulting loss of life and linked with commission of especially grave crime, after actual
service of terms, specified in the third, fourth and fifth part of this Article may be released on
probation – on parole by court, if he (she) actively assists in prevention, detection or
investigation of terroristic or extremist crimes, exposure of participants of terroristic or
extremist group.
Pregnant women, women who have or are raising a minor child, men raising a minor child
alone, women aged fifty-eight and over, and men aged sixty-three and over, persons with
disabilities of first or second, serving sentences of imprisonment for a grievous or especially
grave corruption crime may be granted parole by the court after having actually served the
terms specified in paragraphs three and five of this Article.
A person serving a prison term for a grave and especially grave corruption crime, who has
fulfilled all the conditions of a procedural agreement on cooperation, after the actual serving
of the terms specified in parts three and five of this article, may be released by the court on
parole.
Upon that a person may be completely or partially released from service of additional type
of sentence.
2. Probationary control shall be established in respect of person, released on probation –
on parole by court from service of sentence in the form of imprisonment, during remaining
unserved part of punishment, by the rules of second part of Article 44 of this Code. In the
event of parole of a person sentenced to life imprisonment, probation supervision shall be
established for a period of ten years. Obligations, provided by Penal Execution Code of the
Republic of Kazakhstan shall be also entrusted to the person upon application of conditionally
early release.
Probation control shall not be established in case of release on parole of a foreigner or a
stateless person, to whom the court imposed the expulsion from the Republic of Kazakhstan
as an additional form of punishment.
3. Conditionally early release may be applied only after actual service by the convicted
person:
1) not less than one third of punishment, imposed for the crime of little or average gravity;
2) not less than half of the term of punishment for grievous crime;
3) at least two-thirds of the sentence imposed for a grievous crime involving an attack on
human life or health, or an especially grave crime;
3-1) at least two-thirds of the remaining unserved term if the earlier release on parole was
cancelled on the grounds provided for by paragraphs 1) and 2) of part seven of this article;
4) not less than three-quarters of the term of punishment, if the previously applied
conditional early release was canceled on the grounds provided for in paragraph 3) of part
seven of this Article;
5) at least one quarter of the sentence imposed for the crime of minor or medium gravity,
or at least one third of the sentence imposed for a grievous crime, or at least half of the
sentence imposed for a grievous crime involving an attack on human life or health, or an
especially grave crime, or at least three-quarters of the sentence imposed for an especially
grave crime involving an attack on human life or health, if the convicted person has fulfilled
all the conditions of the procedural agreement.
4. Early release on parole may be applied to pregnant women, women who have or are
raising a minor child, men raising minor children alone, women aged fifty-eight and over,
men aged sixty-three and over, persons with the first or second disability groups after they
actually served the term in the event of:
1) not less than one-fourth of the term of punishment, imposed by the court for the crime
of little or average gravity;
2) not less than one-third of the term of punishment, imposed by the court for the grievous
crime;
3) not less than a half of the term of punishment, imposed by the court for especially
grave crime, not linked with infringement on human life, as well as if previously applied
conditionally early release was cancelled on the grounds, provided by paragraphs 1) and 2) of
seventh part of this Article;
4) not less than two-thirds of the term of punishment, imposed by the court for especially
grave crime, linked with infringement on human life, or the crimes provided by paragraph 3)
and 5) of third part of Article 120 and paragraphs 3) and 5) of third part of Article 121 of this
Code, as well as if previously applied conditionally early release was cancelled on the
grounds, provided by paragraph 3) of seventh part of this Article;
5) at least one fifth of the sentence imposed for the crime of minor or medium gravity, or
at least one quarter of the term of punishment imposed for a grievous crime, or at least one
third of the term of punishment imposed for an especially grave crime if the convicted person
has fulfilled all the conditions of the procedural agreement.
5. The term of imprisonment, actually served by convicted person may not be less than six
months.
6. A person, serving a life imprisonment, imposed by the court may be released on
probation – on parole, if a court recognizes that he (she) does not need further serving of
sentence and actually served not less than twenty five years of imprisonment.
In the case if a person, serving a life imprisonment, imposed by the court, fulfilled all the
conditions of procedural agreement, he (she) may be released on probation – on parole after
actual service not less than fifteen years of imprisonment.
7. If during remaining unserved part of punishment a person, to whom conditionally early
release is applied, committed:
1) two or more administrative infractions, for which administrative sanctions were
imposed to him (her), or evaded without acceptable reason from performance of obligations,
entrusted to him (her) upon application of conditionally early release more than two times, or
did not come for registration without acceptable reason on chosen place of residence during
five business days after release from the places of detention, a court on presentation of the
authorized state body may decree on cancellation of conditionally early release and execution
of remaining unserved part of punishment;
2) In the event of a crime of negligence, as well as in cases of the commission of a
criminal misdemeanor or an intentional crime of minor gravity by a pregnant woman, a
woman who has or is raising a minor child, a man raising a minor child alone, a woman aged
fifty-eight or over, a man aged sixty-three or over, or a person with a first or second category
disability, the question of the revocation or continuation of parole shall be decided by the
court when sentencing for the new offense. If the court revokes parole, the punishment shall
be imposed in accordance with the rules for imposing punishment for multiple convictions;
3) for an intentional crime, except for the cases specified in paragraph 2) of this part, the
court revokes the conditional early release and imposes a sentence in accordance with the
rules for imposing sentences for multiple convictions.
8. Parole does not apply to persons:
1) excluded by the Law of the Republic of Kazakhstan dated 16.07.2025 № 210-VIII (
shall be enforced upon expiry of sixty calendar days after its first official publication);
2) convicted of a terrorist or extremist crime that resulted in the death of people or
associated with the commission of a particularly serious crime;
3) convicted for a grave and especially grave corruption crime, with the exception of:
cases of such crimes committed by pregnant women, women who have or are raising a
minor child, men who are raising a minor child alone, women aged fifty-eight and over, men
aged sixty-three and over, persons with first or second group disabilities;
convicts who have fulfilled all the conditions of the procedural agreement on cooperation;
4) convicted of a crime against the sexual inviolability of minors, except for the case
when such a crime is committed by a person who has not reached the age of majority in
relation to a minor aged fourteen to eighteen years of age;
5) convicted of intentionally causing the death of a person as part of a criminal group,
except in cases where such crimes are committed by pregnant women, women who have or
are raising a minor child, men who are raising a minor child alone, women aged fifty-eight
and over, men aged sixty-three and over, persons with first or second group disabilities;
6) convicted persons whose sentence of imprisonment has been replaced by restriction of
liberty in accordance with Article 73 of this Code;
7) previously conditionally released from serving a life sentence;
8) who committed a new grievous or especially grave crime while serving a life sentence;
9) convicted of torture.
Footnote. Article 72 as amended by the Law dated 09.04.2016 № 501-V (shall be
enforced upon expiry of ten calendar days after its first official publication); dated 21.01.2019
№ 217-VI (shall be enforced upon expiry of ten calendar days after its first official
publication); dated 01.04.2019 № 240-VI (shall be enforced upon expiry of ten calendar days
after its first official publication); № 292-VІ as of 27.12.2019 (the enforcement procedure is
in Art.2); dated 19.12.2020 № 384-VI (shall be enforced upon expiry of ten calendar days
after the day of its first official publication); dated 29.12.2021 № 89-VII (effective ten
calendar days after the date of its first official publication); dated 27.06.2022 № 129-VII (
shall be enforced ten calendar days after the date of its first official publication); dated
17.03.2023 № 212-VII (shall be enforced sixty calendar days after the date of its first official
publication); dated 16.07.2025 № 210-VIII (shall be enforced upon expiry of sixty calendar
days after its first official publication).