Criminal Code of the Republic of Kazakhstan (1997, as amended 2014) (excerpts related to Hate Crime Laws) (English)

Criminal code of the Republic of Kazakhstan as of 2015

 

Article 54. Circumstances aggravating criminal liability and punishment

1. Aggravating circumstances are recognized as:

(...)

f) commission of a crime motivated by national, racial or religious hatred or enmity, by revenge for lawful actions of others, as well as with the aim to conceal another crime or to facilitate its commission;

(...)

 

Article 99. Murder 

1. Murder, that is an intentional infliction of death to another person, shall be punished by the imprisonment for a period of six to fifteen years.

2. The same act:

(...)

l) motivated by social, national, racial or religious hatred, or hostility, or blood vengeance;

(…)

… shall be punished by the imprisonment for a period from fifteen to twenty years, or life imprisonment with or without seizure of property.

 

Article 106. Intentional infliction of serious bodily injury  

1. Intentional infliction of serious harm to health, dangerous for the life of the person or involving loss of sight, speech, hearing or the loss of any organ or of its functions or the expressed in the indelible disfiguration of the person, and also causing further harm to health, dangerous for the life or causing health disorders, connected with the steadfast loss of the general ability to work, not less than to one third, or with the total loss of the professional ability to work, as well as involving termination of pregnancy, mental disorder, drug addiction or addiction to other toxic substances, shall be punished by restraint of liberty for a term of three to seven years, or imprisonment for the same term.

2. The same act, committed:

(...)

h) on the motive of social, national, racial, or religious hatred or hostility;

…shall be punished by imprisonment for the period from five to ten years.

 

Article 104. Intentional infliction of moderate bodily injury

1. Intentional infliction of moderate bodily injury that is not dangerous to human life and does not result in the consequences set out in Article 103 of this Code, but cause long-term health problem or a significant permanent loss of general work capacity of less than one-third -

shall be punished by restraint of liberty for up to three years or imprisonment for up to two years.

2. The same act committed:

(…)

e) on the motive of social, national, racial or religious hatred or enmity;

(…)

shall be punished by restraint of liberty for up to three years or imprisonment for the same term.

 

Article 110. Torture 

1. Infliction of physical or mental sufferings by systematic beating or by other compulsive actions, if these do not entail the consequences, provided by articles 103 and 104 of this Code, shall be punished by a fine in the amount of fifty to hundred of calculation indices, or by restraint of liberty for a period up to two years, or by corrective works for a period up to two years, or by imprisonment for the same period.

2. The same act:

(...)

f) motivated by social, national, racial, or religious hatred or hostility,-

shall be punished by the restrain of liberty for the period from three to seven years or by the imprisonment for the same period.

 

Article 187. Intentional destruction or damage of property 

1. Intentional destruction or damage of property, shall be punished by a fine in the amount of fifty to hundred of monthly calculation indices, or by public works for a period of hundred to hundred eighty hours or by corrective works for a period of one year, or by restraint of liberty for a period to two years or by imprisonment for the same period.

2. The same acts:

(...)

d) motivated by social, national, racial or religious hostility,

shall be punished by corrective works for a period up to two years, or restraint of liberty for a period up to four years, or by imprisonment for the same period.

(...)

 

Article 314. Desecration of corpses and burial places

1. Desecration of corpses, or destruction, damage or desecration of graves, gravestones and cemetery buildings that are used for ceremonies of either burial or commemoration -

shall be punished by a fine of one hundred to five hundred of monthly calculation indices, or by public works for a period of one hundred and twenty to one hundred eighty hours, or by corrective works for a period of six months to one year, or by restraint of liberty for up to three years, or imprisonment liberty for the same term.

2. The same acts:

(...)

c) motivated by national, racial or religious hatred or enmity;

(...) 

shall be punished by fine up to five thousand monthly calculation indices, or correctional labor at the same rate, or restriction of freedom for up to five years, or imprisonment for the same term.