Article 173. Loss of Documents, Items Containing State Secrets

1. Loss of documents containing state secrets and equally of items of which the information constitutes the state secret by a person to whom they were entrusted by duty or employment if the loss was a result of violation of the established rules of handling said documents or items and entailed grave consequences, -

shall be punished with a fine in an amount up to one thousand monthly assessment indices or in an amount of a wage or other income of the sentenced person for a period up to nine months, or correction work for a period from three to six months, or deprivation of freedom for a period up to four years with deprivation of the right to hold certain positions or engage in certain activities for a period up to three years.

2. Loss of documents containing service secret, and equally of items the information of which constitute a service secret, by a person to whom they were entrusted by duty or employment, where the loss is a result of violation of established rules for handling said documents or items and entailed grave consequences, -

shall be punished with a fine in an amount up to two hundred monthly assessment indices or in an amount of the wage or other income of the sentenced person for a period up to two months, or correction work for a period up to one month, or arrest for a period up to two months, or deprivation of freedom for a period up to one year with deprivation of the right to hold certain positions or engage in certain activities for a period up to two years or without such.

Article 174. Evasion of the Draft upon Mobilization

1. Evasion of the draft to military service upon mobilization to the Armed Forces, or other troops and military formations of the Republic of Kazakhstan, - shall be punished by imprisonment for a period from five to ten years.

2. The same, as well as evasion of further drafts for complectation the Armed Forces of the Republic of Kazakhstan, committed during war time, - shall be punished with deprivation of freedom for a period from five to ten years.

Chapter 6. Crimes Against Property

Article 175. Theft

1. Theft, that is the furtive stealing of someone else's property, -

shall be punished by a fine in an amount from two hundred up to seven hundred monthly assessment indices, or in an amount of wages or other income of a given convict for a period from two to seven months, or by engagement in public works for a period from one hundred eight up to two hundred forty hours, or by correctional labour for a period up to two years or by restriction of liberty for the period of up to three years, or by detention under arrest for a period up to six months, or by imprisonment for a period up to three years.

2. Theft committed as follows:

a) by a group of persons upon a preliminary collusion;

b) repeatedly;

c) with illegal penetration into a residential, service, or production premises, or storage facilities, -

shall be punished by imprisonment for a period from two up to five years with forfeiture of property, or without it.

3. Theft committed as follows:

a) by an organised group;

b) in a large volume;

c) by a person who was earlier convicted twice or more for stealing or extortion, -

shall be punished by imprisonment for a period from three to ten years with forfeiture of property.

Notes.

1. Stealing as mentioned in articles of the present Code shall be understood as illegal withdrawal and (or) transfer of someone else's property to the benefit of a given convict or other persons, which are committed for venal purposes and which caused damage to a given proprietor or another owner of that property.

2. In articles of this chapter, large volume or considerable damage shall be understood to mean a value of property or amount of damage which exceeds by five hundred times a monthly calculation base established by legislation of the Republic of Kazakhstan at the moment of the commission of a given crime.

3. In Articles 175-181 of the present Code, the commission of a crime shall be recognised as repeated, it was preceded by the commission of one or more crimes stipulated by those Articles, as well as by Articles 248, 255, and 260 of the present Code.

4. In articles of this chapter, as well as in other articles of the present Code, a person shall be recognised as earlier convicted for stealing or extortion, who has conviction for one or several crimes stipulated by Articles 175-180, 248, 255, and 260 of the present Code.

5. Petty larceny of somebody else's property owned in accordance with the right of ownership by an organisation or which is in its authority, committed by way of theft, fraud, misappropriation or embezzlement shall not entail criminal liability. The person guilty of committing it shall be held responsible in accordance with the administrative procedure on accordance with the law. Theft shall be recognised as petty larceny if the value of stolen property does not exceed ten times amount of the monthly assessment index as established by the legislation of the Republic of Kazakhstan at the moment of commission of the act.

Date: 2014-12-21; view: 954