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Home / RLA / Article 26. Voluntary renunciation of a criminal offense of the Criminal Code of the Republic of Kazakhstan, the Criminal Code of the Republic of Kazakhstan

Article 26. Voluntary renunciation of a criminal offense of the Criminal Code of the Republic of Kazakhstan, the Criminal Code of the Republic of Kazakhstan

АMANAT партиясы және Заң және Құқық адвокаттық кеңсесінің серіктестігі аясында елге тегін заң көмегі көрсетілді

Article 26. Voluntary renunciation of a criminal offense of the Criminal Code of the Republic of Kazakhstan, the Criminal Code of the Republic of Kazakhstan

 

Voluntary renunciation of a criminal offense is recognized as the termination by a person of preparatory actions or the termination of an action (inaction) directly aimed at committing this act, if the person was aware of the possibility of bringing it to an end. A person is not subject to criminal liability for a criminal offense if he voluntarily and definitively refused to carry out this act to the end.

A person who voluntarily refuses to commit a criminal offense to completion is subject to criminal liability only if the act actually committed by him contains the elements of another criminal offense.

The organizer and instigator of a criminal offense are not subject to criminal liability if these persons, by informing State authorities or by other measures taken, prevented the perpetrator from bringing this offense to an end. An accomplice is not subject to criminal liability if, before the completion of the criminal offense by the perpetrator, he refuses to provide him with the promised assistance in advance or eliminates the results of the assistance already provided.

If the actions of the organizer or instigator specified in part three of this article did not lead to the prevention of a criminal offense, the measures taken by them may be recognized by the court as mitigating circumstances in sentencing.

 

 

 

President    

Republic of Kazakhstan     

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