Comment to article 101. Causing death by negligence of the Criminal Code of the Republic of Kazakhstan of the Criminal Code of the Republic of Kazakhstan

    1. Causing death by negligence, -      

is punishable by restriction of liberty for a term of up to three years or imprisonment for the same term.      

2. Causing death by negligence to two or more persons, -      

is punishable by restriction of liberty for a term of up to five years or imprisonment for the same term.

     The public danger of causing death by negligence is expressed by gross indiscipline, violation of normal rules in everyday life, inattention, and carelessness of the perpetrator.      

Causing death by negligence is not considered murder by the Criminal Code of the Republic of Kazakhstan. The use of a broader concept in art. 101 of the Criminal Code of the Republic of Kazakhstan allows you to freely operate this norm in cases of reckless deprivation of the victim's life in the course of the perpetrator's professional activity in violation of any safety rules (if there is no special norm in the Code).      

The object of this crime is human life.      

The objective side of the crime consists in actions or omissions that violate certain rules of precaution and cause death to another person as a result. In this case, the consequence of the act of causing death to the victim must be in direct connection with the act of the perpetrator.      

If, as a result of a fall from a push and impact of the victim on any object (stone, curb, etc.), his death occurs, then the perpetrator is responsible for causing death by negligence, provided that the perpetrator had no intention of causing serious harm to health and depriving the victim of life.      

The crime is considered completed from the moment of the victim's death.      

The subjective side of the crime presupposes guilt in the form of negligence: arrogance and negligence. Causing death by presumption means that a person foresaw the possibility of socially dangerous consequences (death) as a result of his actions (inaction), but without sufficient grounds thoughtlessly counted on preventing these consequences.      

Negligent infliction of death as a result of criminal arrogance must be distinguished from murder with indirect intent, when the perpetrator, anticipating the possibility of death, deliberately allows such a consequence of his act to occur or treats this consequence indifferently.      

When death is caused by negligence, a person does not foresee the possibility of its occurrence as a result of her actions (inaction), although with due care and foresight she should have and could have foreseen these consequences. The infliction of death by negligence in the form of criminal negligence should be distinguished from accidental death, when a person was not aware and could not have been aware of the social danger of his actions (inaction) or did not foresee the possibility of socially dangerous consequences and, due to the circumstances of the case, should not or could have foreseen them. As innocent infliction of death, cases should also be recognized when a person who foresaw the possibility of consequences in the form of death of the victim during the commission of the act counted on preventing these consequences with sufficient justification or could not prevent them due to the inconsistency of his psychophysiological qualities with the requirements of extreme conditions or neuropsychological overloads (art. 23 of the Criminal Code of the Republic of Kazakhstan).      

To apply Article 101 of the Criminal Code, it is necessary to establish the existence of negligent guilt in relation to the criminal result — the death of another person.      

Part 2 of Article 101 of the Criminal Code provides for liability for negligently causing death to two or more persons. To qualify the actions of the perpetrator under part 2, the death of at least two persons is necessary (for example, several people in a fire out of mischief, a group of tourists through the fault of its leader, etc.).      

Subject - a sane individual who has reached the age of 16      

Reckless deprivation of life in the process of committing crimes provided for in articles 103, 113, 114, 117-121, 125-127, The Criminal Code of the Republic of Kazakhstan is covered by the composition of these types of crimes and does not require additional qualifications under art. 101 of the Criminal Code.

Commentary from 2007 to the Criminal Code of the Republic of Kazakhstan from the Honored Worker of Kazakhstan, Doctor of Law, Professor, Academician of the Kazakhstan National Academy of Natural Sciences BORCHASHVILI I.Sh.                  

Date of amendment of the act:  08/02/2007 Date of adoption of the act:  08/02/2007 Place of acceptance:  NO Authority that adopted the act: 180000000000 Region of operation:  100000000000 NPA registration number assigned by the regulatory body:  167 Status of the act:  new Sphere of legal relations:  028000000000 Report form:  COMM Legal force:  1900 Language of the Act:  rus

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