'Jurisdiction' in document 'Kazakhstan - Criminal Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

Section I. Criminal Law

Article 6. Effect of Criminal Law with Regard to Persons Having Committed Crimes on the Territory of the Republic of Kazakhstan

1. A person who committed a crime on the territory of the Republic of Kazakhstan shall bear liability in accordance with the present Code.

2. An act which was begun, or continued, or ended on the territory of the Republic of Kazakhstan, shall be recognised as a crime committed on the territory of the Republic of Kazakhstan. The effect of the present Code shall also apply to crimes which are committed on the continental shelf, and within the exclusive economic zone of the Republic of Kazakhstan.

3. A person having committed a crime on a ship registered in a port of the Republic of Kazakhstan, but which is in the open water or air space outside of the boundaries of the Republic of Kazakhstan, shall be subject to criminal liability under the present Code of the Republic of Kazakhstan, unless it is otherwise stipulated by an international treaty of the Republic of Kazakhstan. Under the present Code, a person shall also bear criminal liability who committed a crime on a military ship or military aircraft of the Republic of Kazakhstan, irrespective of its location.

4. The issue of criminal liability of diplomatic representatives of foreign states and other citizens who enjoy immunity, in case of the commission of a crime by them on the territory of the Republic of Kazakhstan, shall be resolved in accordance with the norms of international law.

Section I. Criminal Law

Article 7. The Effect of Criminal Law with Regard to Persons Who Committed a Crime Outside of the Boundaries of the Republic of Kazakhstan

1. Citizens of the Republic of Kazakhstan who committed a crime outside of the boundaries of the Republic of Kazakhstan shall be subject to criminal liability in accordance with the present Code, if a given act which was committed is recognised as a crime on the territory of a state where it was committed, and if those persons were not convicted in that other state. In case of conviction of said persons, punishment may not exceed the upper limit of the sanction which is stipulated by law of the state on the territory of which a given crime was committed. Stateless persons shall bear liability on the same bases.

2. Former conviction, and other criminal-legal consequences of the commission by a person of a crime on the territory of another state, shall not have criminal-legal significance for deciding on the issue of criminal liability of that person for a crime committed on the territory of the Republic of Kazakhstan, unless it is otherwise stipulated by an international treaty of the Republic of Kazakhstan, or when a given crime committed on the territory of another state did not concern the interests of the Republic of Kazakhstan.

3. Military servicemen of military units of the Republic of Kazakhstan located outside its boundaries shall bear criminal liability in accordance with the present Code for crimes committed on the territory of another state, unless it is otherwise stipulated by an international treaty of the Republic of Kazakhstan.

4. Foreigners who committed crimes outside of the boundaries of the Republic of Kazakhstan shall be subject to criminal liability in accordance with the present Code in cases in which a given crime was directed against the interests of the Republic of Kazakhstan, and in cases stipulated by an international treaty of the Republic of Kazakhstan, if those foreigners were not convicted in that other state, and are brought to criminal liability on the territory of the Republic of Kazakhstan.