Address of the First Deputy General Prosecutor of the Republic of Kazakhstan B.N. Asylov in accordance with Article 31 of the Law "On the Prosecutor's Office"

20 September 2019 Версия для печатиВерсия для печатиPDFPDF

DEAR CITIZENS!

There are calls for holding and participating in illegal protests on September 21, 2019, by the banned and extremist organization “Democratic Choice of Kazakhstan” (DCK), recognized by the court illegal on social networks.

Destructive forces mislead the population regarding measures of social support, interstate relations, thereby prompting riots, creating a threat to public security, trying to incite social and national discord.

Such actions are expressly prohibited by law, therefore, law enforcement agencies will respond and take strict measures to violators in the manner prescribed by law.

In order to prevent offenses and preparing unlawful acts, ensure public safety and protect the citizens’ rights, we draw attention to the fact that the Criminal Code provides for liability:

- for inciting social, national, religious hatred, as well as the production, distribution of materials propagating them - Article 174 (up to 20 years in prison, if they entailed grave consequences);

- for causing substantial harm to the rights and legitimate interests of citizens, organizations or the state - Article 400 (fine up to 200 MCI or arrest up to 50 days);

Article 488 of the Code of Administrative Offenses also establishes liability for violation of the procedure for organizing and conducting peaceful meetings, rallies, marches, pickets and demonstrations (under aggravating circumstances - a fine of up to 50 MCI, arrest up to 15 days).

Dear citizens, the General Prosecutor's Office clarifies that any participation and financing of the activities of an extremist organization will entail criminal liability in accordance with Articles 182, 258 and 405 of the Criminal Code:

- participation in the activities of an extremist organization - Article 405

(up to 2 years in prison);

- Creation, leadership of an extremist group or participation in its activities - Article 158 (up to 17 years in prison with confiscation of property);

- financing of terrorist or extremist activities and other aiding terrorism or extremism - Article 258 (up to 12 years with confiscation of property)

Moreover, participation means not only the organization and conduct of illegal actions, but also agitation, propaganda of the ideas of a prohibited organization, production, duplication and distribution by any means of publications, leaflets, posts, comments and other information materials.

Funding refers to the provision and collection of money or other property, gift, barter, donation, sponsorship and charitable assistance, the provision of information and other services.

At the same time, in accordance with the current legislation, persons who voluntarily terminate their participation in the activities of an extremist group are exempted from criminal liability.

In view of the foregoing, the General Prosecutor’s Office urges citizens to strictly abide by the law, not to succumb to provocations and to refrain from participating in illegal actions and activities of organizations prohibited in our country.