Article 146. Cruel, inhuman or degrading treatment, torture The Criminal Code of the Republic of Kazakhstan, the Criminal Code of the Republic of Kazakhstan

Home / RLA / Article 146. Cruel, inhuman or degrading treatment, torture The Criminal Code of the Republic of Kazakhstan, the Criminal Code of the Republic of Kazakhstan

1 Cruel, inhuman or degrading treatment, that is, the intentional infliction of physical and (or) mental suffering by an official or a person acting in an official capacity, or by another person at their instigation or with their knowledge or acquiescence in the absence of signs of torture, –

is punishable by a fine in the amount of up to two thousand monthly calculation indices, or correctional labor in the same amount, or community service for up to six hundred hours, or restriction of liberty for up to two years, or imprisonment for the same term, with deprivation of the right to hold certain positions or engage in certain activities for up to two years. years old or not.

2 Torture, that is, the intentional infliction of physical and (or) mental suffering by an official or a person acting in an official capacity, or by another person at their instigation or with their knowledge or acquiescence, committed in order to obtain information or confessions from the tortured person or another person, or to punish him for the act that he or she committed. to intimidate or coerce another person or a third person, or for any reason based on discrimination of any kind., –

are punishable by a fine in the amount of up to five thousand monthly calculation indices, or correctional labor in the same amount, or restriction of liberty for up to six years, or imprisonment for the same term, with deprivation of the right to hold certain positions or engage in certain activities for up to three years.

3 The acts provided for in the first or second parts of this Article, committed:

1) a group of persons or a group of persons by prior agreement;

2) repeatedly;

3) causing moderate harm to health;

4) in relation to a woman who is obviously pregnant for the perpetrator, or a minor, –

are punishable by imprisonment for a term of four to ten years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years.

4 The acts provided for in the first, second or third parts of this Article, which caused serious harm to health or negligent death of the victim, –

are punishable by imprisonment for a term of seven to twelve years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years.

Notes.

Physical and (or) mental suffering caused as a result of lawful actions of officials and persons acting in an official capacity, or other persons, is not recognized as cruel, inhuman or degrading treatment or torture.

A person acting in an official capacity is a person who does not fall under the definitions of an official or a government representative used in this Code, who has administrative authority over a person who is being held, undergoing medical treatment, studying or being educated on a permanent, temporary or periodic basis in an organization with which the person has an employment relationship, including including: an employee of an educational, educational, medical, medical and social institution (organization), a teacher, an instructor, a medical worker, as well as employees under a contract.

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