Footnote. Title of Article 74 as amended by the Law of the Republic of Kazakhstan dated
16.07.2025 № 210-VIII (effective sixty calendar days after the date of its first official
publication).
1. A court may reprieve a service of sentence to convicted pregnant women of up to one
year. The court shall grant convicted women who have or are raising a minor child, and men
who are raising a minor child alone, a reprieve of up to five years, but not longer than until
the child reaches the age of fourteen. Pregnant women and women who have or are raising a
minor child, men who are raising a minor child alone, persons sentenced to imprisonment for
more than five years for serious or particularly serious crimes against the person, terrorist
crimes, extremist crimes, crimes committed as part of a criminal group, crimes against the
sexual integrity of minors, shall not be granted a deferral of sentence.
2. In the cases, if convicted person, specified in a first part of this Article is abandoned
child or continues to evade from child-rearing or violate public order after twofold written
warning, rendered by the body, carrying out control for convicted person, in relation of which
service of sentence is reprieved, a court on presentation of this body may cancel reprieve of
service of sentence and direct convicted person for service of sentence to the place, appointed
in accordance with court verdict.
3. Upon expiration of the term of reprieve of execution of punishment in the cases of
death of a child or termination of pregnancy, a court may release him (her) from service of
sentence or commute an imposed punishment by more lenient type of punishment or make
decision on direction of convicted person to the relevant institution for service of sentence.
4. If convicted person commits a new crime in the period of reprieve of service of
sentence, a court shall impose him (her) a punishment by the rules of imposition of
punishment on a set of sentences.
Footnote. Article 74 as amended by the Law of the Republic of Kazakhstan dated
16.07.2025 № 210-VIII (effective sixty calendar days after the date of its first official
publication).

Footnote. The heading of Article 75 as amended by the Law of the Republic of
Kazakhstan dated 17.03.2023 № 212-VII (shall be enforced sixty calendar days after the date
of its first official publication).
1. A person who after commission of criminal infraction suffered from mental disease,
denying the opportunity to realize actual nature and social danger of his (her) actions (
omission) or control them shall be released from punishment by court, and person, serving a
sentence shall be released from his (her) further service by court. Compulsory measures of a
medical nature, provided by this Code may impose to such persons.
2. A person who suffers from another serious illness that prevents the serving of a prison
sentence, except for life imprisonment, may be released by a court from serving the sentence,
or he or she may be released by the court from serving the sentence, or the punishment may
be replaced by a more lenient punishment, given the nature of the disease, the gravity of the
criminal offense committed, personality of the convicted person and other circumstances.
3. Persons, specified in the first and second part of this Article, in the case of their
recovery shall subject to a criminal responsibility and punishment, if the periods of limitations
of bringing to a criminal responsibility or guilty verdict are not expired.
4. Postponement of serving a sentence shall not be applied to persons convicted of a
sexual crime against minors, with the exception of the case when such a crime is committed
by a minor against a minor between the ages of fourteen and eighteen, a terrorist or extremist
crime that caused the death of people or is associated with the commission of a specially
grave crime, as well as a crime committed as part of a criminal group.
Footnote. Article 75 as amended by the Law of the Republic of Kazakhstan dated
17.03.2023 № 212-VII (shall be enforced sixty calendar days after the date of its first official
publication).

Footnote. The heading of Article 174 as amended by the Law of the Republic of
Kazakhstan dated 26.06.2020 № 349-VI (shall be enforced upon expiry of ten calendar days
after the day of its first official publication).
1. Deliberate actions aimed at inciting social, national, tribal, racial, class or religious
discord, insulting national honor and dignity or religious feelings of citizens, as well as
propaganda of exclusivity, superiority or inferiority of citizens on the basis of their attitude to
religion, class, national, tribal or racial affiliation, if these acts were committed in public or
through the use of mass media, telecommunications networks and online platforms, as well as
through the production or distribution of literature or other media, propagandizing social,
national, tribal, racial, class or religious discord, –
are punishable by a fine in the amount of two thousand to seven thousand monthly
calculation indices or by restriction of liberty for a period of two to seven years, or
imprisonment for the same period.
2. The same actions, committed by a group of persons, a group of persons by prior
agreement or repeatedly or connected with violence or the threat of its use, as well as
committed by a person with the use of his (her) official position or by the leader of a public
association, including with the use of funds received from foreign sources, -
shall be punished by imprisonment for the term of five to ten years with deprivation of the
right to occupy determined positions or to engage in a determined activity for the term of up
to three years or without it.
3. The actions, provided by first or second parts of this Article, committed by criminal
group or entailed the grave consequences, -
shall be punished by imprisonment for the term of twelve to twenty years with deprivation
of the right to occupy determined positions or to engage in a determined activity for the term
of up to three years or without it.
Footnote. Article 174 as amended by the Law of the Republic of Kazakhstan dated
26.07.2016 № 12-VI (shall be enforced upon expiry of two months after its first official
publication); dated 26.06.2020 № 349-VI (shall be enforced upon expiry of ten calendar days
after the day of its first official publication); dated 10.07.2023 № 19-VIII (effective sixty
calendar days after the date of its first official publication); dated 19.06.2024 № 94-VIII (shall
be enforced upon expiry of sixty calendar days after its first official publication).

1. Enlistment, training, financing or other material support of mercenary, as well as its use
in the armed conflict, military actions or other violent acts, directed to overthrow or
subversion of constitutional order or violation of territorial integrity of the state, -
shall be punished by deprivation of liberty for a term of seven to twelve years with
confiscation of property.
2. The same actions, committed by person with the use of his (her) official position or in
relation of a minor, -
shall be punished by deprivation of liberty for a term of twelve to seventeen years with
confiscation of property, deprivation of citizenship of the Republic of Kazakhstan or without
it.
3. Participation of mercenary in the armed conflict, military actions or other violent acts,
directed to overthrow or subversion of constitutional order or violation of territorial integrity
of the state, -
shall be punishable by imprisonment for a term of seven to ten years, with or without
property confiscation.
4. An action, provided by third part of this Article, entailed the death of people or other
grave consequences, -
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 170 as amended by the Laws of the Republic of Kazakhstan dated
22.12.2016 № 28-VI (shall be enforced upon expiry of ten calendar days after its first official
publication); 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); dated 01.07.2022 № 131-VII (shall be enforced
sixty calendar days after the date of its first official publication).

Developing a base (camp) certainly for training of mercenaries or provision of premises
or land plot certainly for the same purposes -
shall be punished by deprivation of liberty for a term of seven to twelve years with
confiscation of property.
Footnote. Article 171 as amended by the Law of the Republic of Kazakhstan dated
22.12.2016 № 28-VI (shall be enforced upon expiry of ten calendar days after its first official
publication).

1. Consequences, aggravating criminal responsibility and punishment shall be recognized
as:
1) repeated criminal infractions, repetition of crimes, dangerous repetition of crimes;
2) infliction of grave consequences by criminal infraction;
3) commission of criminal infraction within a group of persons, groups of persons on
previous concert, criminal group;
4) particularly active role in commission of criminal infraction;
5) involvement in the commission of a criminal offense of persons who, knowingly for
the perpetrator, suffer from a severe mental, behavioral disorder (disease), or persons who
have not reached the age from which criminal liability arises;
6) commission of criminal infraction on national, racial or religious hatred or enmity
grounds, out of revenge for lawful actions of other persons, as well as in order to conceal
another criminal infraction or facilitate its commission;
7) commission of criminal infraction in relation of woman, certainly for guilty person,
being in the state of pregnancy, as well as in relation of minor, other defenseless or helpless
person or person, being depending on the guilty person;
8) commission of criminal infraction in relation of person or his (her) relatives in
connection with execution of the service, professional or social duty by this person;
9) commission of criminal infraction with particular cruelty, sadism, abuse and torment
for the injured person;
10) commission of criminal infraction with the use of weapons, ammunition, explosive
substances and explosive or simulation devices, specially produced technical equipment,
highly flammable and flammable liquids, poisonous and radioactive substance, medicinal and
other chemical and pharmacological preparations, as well as with application of physical and
mental coercion or dangerous method;
11) commission of criminal infraction in the conditions of emergency situation,
emergency situation, as well as in the course of mass disorders;
12) commission of criminal infraction in the in a state of alcoholic, drug or toxic
intoxication. A court shall have a right not to recognize this consequence as aggravating
depending on the nature of criminal infraction;
13) commission of criminal infraction by person, violated by that an oath, taken by them
or professional oath;
14) commission of criminal infraction with the use of confidence, vested to the guilty
person by virtue of its official position or contract;
15) commission of criminal infraction with the use of uniform or the documents of
representative of authority;
16) commission of criminal infraction by the employee of law enforcement or special
state body, judge with the use of his (her) official position.
2. If the consequence, specified in a first part of this Article is provided by the relevant
Article of Special part of this Code as the sign of criminal infraction, it cannot be
re-considered as the circumstance, aggravating responsibility and punishment.
3. Upon imposition of punishment a court may not recognize the circumstances, not
specified in a first part of this Article as aggravating.
Footnote. Article 54 as amended by the Laws of the Republic of Kazakhstan dated
12.07.2018 № 180-VI (effective after ten calendar days after the date of its first official
publication); dated 07.07.2020 № 361-VI (shall be enforced upon expiry of ten calendar days
after the day of its first official publication).

1. Enlistment or preparation or armament of persons in order of organization of terrorist
or extremist activity –
shall be punished by deprivation of liberty for a term of eight to twelve years with
confiscation of property.
2. The same action, committed by person with the use of his official position or in relation
of the minor, -
shall be punished by deprivation of liberty for a term of ten to fifteen years with
confiscation of property.
Footnote. Article 259 as amended by the Law of the Republic of Kazakhstan dated
22.12.2016 № 28-VI (shall be enforced upon expiry of ten calendar days after its first official
publication).

1. Buy and sale or commission of other transactions in relation of person, as well as his (
her) operation or enlistment, transportation, transfer, concealment, receipt, as well as
commission of other actions in order of operation -
shall be punished with imprisonment for a term of four to seven years with confiscation of
property.
2. The same action, committed:
1) by group of persons on previous concert;
2) repeatedly;
3) with use of force, dangerous to life and health, or threat of its use;
4) with use of weapons or objects used as weapons;
5) in relation of woman, certainly for guilty person being in the state of pregnancy;
6) in relation of two and more persons;
7) in order of removal of organs or tissues of injured person for transplantation or other
use;
8) by false pretenses or abuse of trust;
9) by person with the use of his (her) official position;
10) with the use of material or other dependence of injured person;
11) in relation of person, certainly for guilty person suffered from mental disease or being
in the helpless state;
13) in respect of a woman who has given birth in exploitation and (or) has a minor child
with her -
shall be punished with imprisonment for a term of seven to nine years with confiscation of
property.
3. The actions, provided by first and second parts of this Article, committed in order of
export outside of the Republic of Kazakhstan, import in the Republic of Kazakhstan or
transportation of person through the territory of the Republic of Kazakhstan from one foreign
state to another, as well as export outside of the Republic of Kazakhstan, import in the
Republic of Kazakhstan or transportation of person through the territory of the Republic of
Kazakhstan from one foreign state to another state in order of commission of such actions-
shall be punished with imprisonment for a term of nine to twelve years with confiscation
of property.
4. The actions, provided by first, second or third part of this Article, if they:
1) committed by criminal group;
2) resulted the death of injured person by negligence or other grievous consequences –
shall be punished with imprisonment for a term of twelve to fifteen years with
confiscation of property.
Note. In the articles of this Code providing for liability for crimes related to human
trafficking, the victim’s consent to exploitation, obtained through the use of violence or threat
thereof, deceit or breach of trust through the use of official position, material or other
dependence, use of mental disorder or helpless state, removal, concealment or destruction of
documents certifying the identity of the victim, or other means of influence, shall not
constitute a ground for excluding criminal liability and punishment.
Footnote. Article 128 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 05.07.2024 № 111-VIII (
effective sixty calendar days after the date of its first official publication).

1. Organization of illegal migration by providing transport vehicles or forged documents,
or dwelling or other premises, as well as providing citizens of the Republic of Kazakhstan,
foreigners and stateless persons with other services for illegal entry, exit, or movement within
the territory of the Republic of Kazakhstan –
shall be punished by a fine of up to three thousand monthly calculation indices, or
correctional labor in the same amount, or community service for up to eight hundred hours, or
restriction of liberty for up to three years, or imprisonment for the same term, with
deportation from the Republic of Kazakhstan of a foreigner or stateless person.
2. The same act committed repeatedly either by a person using his official powers or by a
group of persons by prior conspiracy, –
shall be punished by a fine of up to seven thousand monthly calculation indices, or
correctional labor in the same amount, or restriction of liberty for a term of three to seven
years, or imprisonment for the same term, with or without deprivation of the right to hold
certain positions or engage in certain activities for a term of up to seven years, with
deportation from the Republic of Kazakhstan of a foreigner or stateless person.
3. An act provided for in parts one or two of this article, committed by a criminal group or
resulting in grave consequences, –
shall be punished by imprisonment for a term of five to ten years with deportation from
the Republic of Kazakhstan of a foreigner or stateless person.
Footnote. Article 394 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. Rape, in other words sexual relationship with application of action of force and with
threat of its application to injured person or other persons or with the use of helpless state of
injured person
- shall be punished with imprisonment for a term of six to eight years.
2. Rape:
1) committed by a group of persons, a group of persons by previous concert;
2) together with the threat of murder, and also committed with particular cruelty in
relation to the victim or other persons;
3) entailing the infection of the victim with a venereal disease;
4) committed repeatedly;
5) committed by a person performing official duties –
shall be punished with imprisonment for a term of nine to twelve years.
3. The actions, provided by first and second parts of this Article, if they:
1) is excluded by Law № 292-VІ of the Republic of Kazakhstan as of 27.12.2019 (the
enforcement procedure is in Art.2);
2) resulted infliction of grievous harm to health of injured person by negligence, infection
her with HIV/AIDS or other grave consequences;
3) is excluded by the Law of the Republic of Kazakhstan dated 01.04.2019 № 240-VI (
shall be enforced upon expiry of ten calendar days after its first official publication);
4) committed in the conditions of emergency situation or in the course of mass disorders;
5) is excluded by the Law of the Republic of Kazakhstan dated 01.04.2019 № 240-VI (
shall be enforced upon expiry of ten calendar days after its first official publication);
6) excluded by the Law of the Republic of Kazakhstan dated 30.12.2020 № 393-VI (shall
be enforced upon expiry of ten calendar days after the day of its first official publication).
shall be punished by imprisonment for a term of twelve to fifteen years with deprivation
of the right to hold certain positions or engage in certain activities for a period of ten years or
without it.
3-1. Actions, provided by parts one, two or three of this Article, if they:
1) committed against a minor;
2) excluded by the Law of the Republic of Kazakhstan dated 30.12.2020 № 393-VI (shall
be enforced upon expiry of ten calendar days after the day of its first official publication);
3) committed by a criminal group, –
shall be punishable by imprisonment for a term of fifteen to seventeen years, with lifelong
deprivation of the right to hold certain positions or engage in certain activities.
3-2. The acts provided for by parts one, two, three or 3-1 of this article, if they:
1) were committed against two or more minors;
2) excluded by the Law of the Republic of Kazakhstan dated 30.12.2020 № 393-VI (shall
be enforced upon expiry of ten calendar days after the day of its first official publication);
3) committed in relation to a minor by a parent, stepfather, teacher or other person, who is
entrusted with the duties of raising her by the law of the Republic of Kazakhstan, -
shall be punished by imprisonment for a term of seventeen to twenty years with life
deprivation of the right to hold certain positions or engage in certain activities or life
imprisonment.
4. Acts provided for by parts one, two, three, paragraph 3) of part 3-1 and part 3-2 of this
article, if they are committed against a minor or negligently caused the death of the victim, -
shall be punished by life imprisonment.
Footnote. Article 120 as amended by the Law of the Republic of Kazakhstan 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 30.12.2020 № 393-VI (shall be enforced upon expiry of ten calendar days after the day
of its first official publication); dated 15.04.2024 № 72-VIII (shall be enforced upon expiry of
sixty calendar days after its first official publication).