Kazakhstan

Criminal Code of the Republic of Kazakhstan

Section II. A Crime

Article 12. Cumulative Crimes

1. A cumulative crime shall be recognised as the commission of two or more acts stipulated by different articles or parts of a given article of the present Code, for neither of which a person was convicted, or released from criminal liability, on the bases stipulated by law. In case of a cumulative crime, a person shall bear criminal liability for each committed crime under the relevant article or a part of a given article of the present Code, unless the indications of the committed acts are covered by the provision of one Article or part of Article of this Code, which provides for a stricter punishment.

2. A cumulative crime shall mean one act (failure to act) which contains elements of crimes stipulated by two or more articles of the present Code. In the case of such combination of crimes the person shall be held criminally responsible for each crime in accordance with the relevant Articles of this Code, unless the indications of one committed act are covered by a provision of one Article of this Code, which provides for a stricter punishment for another act.

3. If one and the same act falls under the signs of the general and special norms of the relevant articles of the present Code, then there is no cumulative crime, and criminal liability shall arise under that article of the Special Part of the present Code which contains a special norm.

Keywords

Multiplicity of criminal offences



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