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Home / Codes / Article 438. Resisting the boss or forcing him to violate his official duties The Criminal Code of the Republic of Kazakhstan, the Criminal Code of the Republic of Kazakhstan

Article 438. Resisting the boss or forcing him to violate his official duties 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 438. Resisting the boss or forcing him to violate his official duties  The Criminal Code of the Republic of Kazakhstan, the Criminal Code of the Republic of Kazakhstan

1. Resisting a superior, as well as another person performing the duties of military service assigned to him, or forcing him to violate these duties, involving violence or the threat of its use, –

     is punishable by a fine in the amount of up to two hundred monthly calculation indices, or correctional labor in the same amount, or arrest for up to fifty days.

     1-1. The same acts committed with the infliction of moderate harm to health, –

     are punishable by imprisonment for a term of up to four years.

     2. The acts provided for in the first or 1-1 parts of this Article, committed:

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

     2) using weapons or special means;

     3) causing serious harm to health, –

     is punishable by imprisonment for a term of three to ten years.

     3. The acts provided for in parts one, 1-1 or two of this article, committed by a criminal group, in a combat situation or in a state of emergency, as well as resulting in the death of a person, –

     are punishable by imprisonment for a term of ten to twenty years or by life imprisonment.

     4. The acts provided for in parts one, 1-1, two or three of this Article, committed during wartime, –

     are punishable by imprisonment for a term of fifteen to twenty years or by life imprisonment.

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Republic of Kazakhstan     

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