Article 58. The imposition of punishment for a set of criminal offenses of the Criminal Code of the Republic of Kazakhstan, the Criminal Code of the Republic of Kazakhstan

1 In the case of a combination of criminal offenses, the court, having imposed the punishment (main and additional) for each offense separately, determines the final punishment by absorbing the less severe punishment with a more severe one or by adding the prescribed punishments in full or in part.

2 If the totality of criminal offenses includes only criminal offenses, then the final punishment is imposed by absorbing a less severe punishment with a more severe one, or by partially or completely adding punishments. In this case, the final penalty in the form of a fine may not exceed four hundred monthly calculation indices, and the final term of punishment in the form of community service or arrest is four hundred hours or fifty days, respectively.

     If the totality of criminal offenses includes only criminal offenses, minor and moderate crimes, then the final punishment is imposed by absorbing a less severe punishment with a more severe one.

3 If the totality of criminal offenses includes a grave or especially grave crime, the final punishment is imposed by absorbing a less severe punishment with a more severe one or by partially or completely adding punishments. In this case, the final penalty in the form of imprisonment may not exceed twenty years.

4 If the totality of criminal offenses includes at least one particularly serious crime, for which this Code provides for a penalty of imprisonment for up to twenty years, the final punishment shall be imposed by partial or total addition of punishments. In this case, the final penalty in the form of imprisonment may not exceed twenty-five years.

     If the totality of criminal offenses includes at least one particularly serious crime, for which this Code provides for a penalty of up to twenty years in prison, as well as a criminal offense for which a fine is imposed, then the final punishment is imposed by absorbing a less severe punishment with a more severe one.

     If life imprisonment is imposed for a crime included in the aggregate, then the final punishment is life imprisonment.

5 Additional punishments imposed for offences forming a combination may be added to the main punishment imposed for a combination of criminal offences. The final additional punishment in case of partial or complete addition may not exceed the maximum term or amount established for this type of punishment by the General Part of this Code.

6 According to the rules of this article, punishment is imposed if, after the court has passed a verdict in the case, it is established that the convicted person is also guilty of another criminal offense committed by him before the verdict in the first case. In this case, the sentence served under the first court verdict is counted in the final term of punishment.

President    

Republic of Kazakhstan     

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