'Repetition of criminal offences' in document 'Kazakhstan - Criminal Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

Section II. A Crime

Article 11. Repetition of a Crime

1. The commission of two or more acts stipulated by one and the same article or part of the Special Part of the present Code shall be considered to be repetition of a crime.

2. The commission of two or more crimes stipulated by different articles of the Special Part of the present Code, may be recognised as repetition of a crime only in cases which are specially indicated in the present Code.

3. A crime shall not be recognised as committed repeatedly if, for a crime committed earlier, a given person was released from criminal liability through the procedure established by law, or when a former conviction was cancelled or exculpated, or if the limitation periods expired for holding the convicted liable for such a crime.

4. A crime shall not be considered a repeated one, which is continuous, that is, a crime which consists of a chain of the same criminal acts which are united by a single design and purpose, and which form one crime.

5. In cases in which the repetition of a crime is stipulated by the present Code as a circumstance which entails a stricter punishment, then crimes committed by a given person shall be qualified in accordance with the relevant part of a given article which stipulates punishment for repetition of a crime in the Special Part of the present Code.