Application of the concepts of significant damage and size in criminal law
In paragraph 2, article 3 of the Criminal Code of the Republic of Kazakhstan clarifies the key concepts related to the concept of significant damage and significant size, which is extremely important for the correct application of the rules relating to the definition of damage. Let's analyze these terms and their legal meaning, referring to other regulations and resolutions of the Supreme Court of the Republic of Kazakhstan.
The concept of significant damage and significant size
1. Article 198 of the Criminal Code of the Republic of Kazakhstan – "Violation of copyright and (or) related rights"
- Significant damage: The amount of damage or the value of intellectual property rights exceeding two hundred times the monthly calculation index. This includes damages from infringement of copyrights, patents, trademarks, and other intellectual property rights.
3. Article 202 of the Criminal Code of the Republic of Kazakhstan – "Intentional destruction or damage of other people's property"
- Significant amount: Damage in the amount of one hundred times the monthly estimated value. This may relate to tax or fee evasion.
4. Article 214 of the Criminal Code of the Republic of Kazakhstan – "Illegal entrepreneurship, illegal banking, microfinance or collection activities"
- Significant size: The number of goods, the cost of which exceeds two thousand monthly calculation indices. This is due to large volumes of illegal import or export of goods.
Article 217-1 of the Criminal Code of the Republic of Kazakhstan – "Advertising of a financial (investment) pyramid"
- Significant damage: Damage in the amount of two hundred times the monthly estimated value. This may include illegally obtaining property or funds.
6. Article 233 of the Criminal Code of the Republic of Kazakhstan – "Violation of the procedure and rules for labeling excisable goods with means of identification and (or) accounting and control stamps, forgery and use of means of identification and (or) accounting and control stamps"
- Significant damage: Damage caused in the amount of one thousand times the monthly estimated value. This applies to large-scale fraudulent schemes and actions.
7. Article 269-1 of the Criminal Code of the Republic of Kazakhstan – "Illegal entry into a protected object"
- Significant damage: Damage in the amount of two hundred times the monthly estimated value. This is due to a violation of the legislation on natural resources.
8. Article 325 of the Criminal Code of the Republic of Kazakhstan – "Violation of environmental requirements when handling environmentally potentially hazardous chemical or biological substances"
- Significant amount: The cost of eliminating environmental damage, exceeding one hundred monthly estimates.
9. Article 340 of the Criminal Code of the Republic of Kazakhstan – "Illegal felling, destruction or damage of trees and shrubs"
- Significant amount: The cost of eliminating environmental damage, exceeding fifty monthly estimates.
10. Articles 366 and 367 of the Criminal Code of the Republic of Kazakhstan – "Giving a bribe, Receiving a bribe"
- Significant amount: The amount of money, the value of securities, other property, or property benefits ranging from fifty to three thousand monthly calculation indices.
References to other codes and laws
1. The Civil Code of the Republic of Kazakhstan
- The Civil Code regulates issues of property rights, which may be important for understanding damage in the context of civil rights and obligations.
2. The Code of the Republic of Kazakhstan "The Code of the Republic of Kazakhstan On Taxes and other mandatory Payments to the Budget
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- This Code regulates tax obligations, which is important for understanding the damage in articles related to tax offenses.
3. Laws of the Republic of Kazakhstan "On Copyright and related rights", Patent Law of the Republic of Kazakhstan, "On trademarks, service marks and names of places of origin of goods", "On the protection of breeding achievements", "On the legal protection of integrated circuit topologies"
- These laws define intellectual property rights and the procedure for their protection, which is associated with damage from violations in this area.
Regulatory rulings of the Supreme Court of the Republic of Kazakhstan
1. Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan dated December 22, 2022 No. 9 "On certain issues of the application of tax legislation by Courts"
- Explains the practice of applying rules related to tax crimes, including an assessment of the significant amount of damage.
2. Normative resolution of the Supreme Court of the Republic of Kazakhstan dated July 18, 1997 No. 10. "On the practice of applying legislation on criminal liability for smuggling"
- Clarifies the application of the norms of the Criminal Code of the Republic of Kazakhstan in cases related to intellectual property, including damage assessment.
3. Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan dated June 18, 2004 No. 1. "On the application by courts of legislation on liability for certain environmental criminal offenses"
- Defines the practice of applying norms on environmental crimes, including the significant amount of damage and the assessment of the costs of restoring environmental damage.
These rules and regulations help clarify the application of the concepts of significant damage and size in the criminal law of the Republic of Kazakhstan, ensuring uniformity in the qualification of crimes and the establishment of punishment.
Attention!
The Law and Law Law Firm draws your attention to the fact that this document is basic and does not always meet the requirements of a specific situation. Our lawyers are ready to assist you with legal advice and drafting any legal document that suits your situation.
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