Article 8. Extradition of Persons Who Committed a Crime

1. Citizens of the Republic of Kazakhstan who committed a crime on the territory of another state shall not be subject to extradition to that other state, unless it is otherwise established by international treaties.

2. Foreigners and stateless persons who committed a crime outside of the boundaries of the Republic of Kazakhstan, who are on the territory of the Republic of Kazakhstan, may be extradited to another state to be brought to criminal liability, or to serve punishment in accordance with an international treaty of the Republic of Kazakhstan.

Section II. A Crime

Article 9. The Concept of a Crime

1. A committed publicly dangerous act (or a failure to act) for which someone is found culpable, and which is prohibited by the present Code, under the threat of legal punishment, shall be recognised as a crime. Application of criminal law by analogy shall not be allowed.

2. Those acts or failures to act shall not be considered crimes which, though formally containing the elements of an act stipulated by the Special Part of the present Code, but by virtue of their insignificance do not present a public danger, that is, which did not cause any harm, and did not create a threat of causing harm to a person, society, or the state.

Article 10. Categories of Crimes

1. Acts stipulated by the present Code, depending on the character and degree of public danger involved, shall be divided into crimes of lesser gravity, crimes of medium gravity, grave crimes, and especially grave crimes.

2. Deliberate acts, for the commission of which the maximum punishment stipulated by the present Code does not exceed two years of deprivation of freedom, shall be categorised as crimes of lesser gravity, as well as negligent acts for which the maximum punishment stipulated in the present Code does not exceed five years of imprisonment.

3. Deliberate acts for the commission of which the maximum punishment stipulated in the present Code does not exceed five years of deprivations of freedom, shall be categorised as crimes of medium gravity, as well as negligent acts for which punishment is stipulated in the form of imprisonment for a period of more than five years.

4. Deliberate acts for the commission of which the maximum punishment stipulated in the present Code does not exceed twelve years of imprisonment shall be categorised as grave crimes.

5. Deliberate acts for the commission of which the present Code stipulates punishment in the form of imprisonment for a period of more than twelve years or capital punishment, shall be categorised as especially grave crimes.

Date: 2014-12-21; view: 987