Comment to Article 104. Intentional infliction of moderate harm to health of the Criminal Code of the Republic of Kazakhstan of the Criminal Code of the Republic of Kazakhstan
1. Intentional infliction of moderate harm to health that is not dangerous to human life and health and has not entailed the consequences specified in Article 103 of the Criminal Code, but has caused a long-term health disorder or significant permanent disability of less than one third, -
is punishable by restriction of liberty for a term of up to three years, or by arrest for up to six months, or by imprisonment for a term of up to three years.
2. The same act committed by:
a) in relation to two or more persons;
b) in relation to a person or his relatives in connection with the performance of this person's official activities or the performance of professional or official duties;
c) with particular cruelty, as well as against a person who is obviously helpless for the perpetrator; d) by an organized group;
e) for hooligan reasons;
f) motivated by social, national, racial, religious hatred or enmity;
g) repeatedly or by a person who has previously committed intentional infliction of serious harm to health or murder provided for in Article 96 of this Code, -
is punishable by restriction of liberty for a term of up to five years or imprisonment for the same term.
The object of the crime in question is the health of citizens.
The objective side of the crime in question is the unlawful infliction of moderate harm to health, which is not dangerous to human life and health and did not entail the consequences specified in Article 103 of the Criminal Code, but caused a long-term health disorder or significant permanent loss of general disability, less than one third.
The objective side of this crime consists of:
- socially dangerous act (action or omission);
- criminal consequence in the form of causing moderate harm to health,
- the causal relationship between the criminal act and the ensuing consequences.
Harm to health of moderate severity consists in causing the victim a long-term health disorder or significant permanent loss of general ability to work by less than one third.;
Signs of moderate severity of harm to health are defined in paragraph 36 of the "Rules of organization and conduct of forensic medical examination" dated December 20, 2004 No. 875/1 are:
1) long–term health disorder - for a period of more than three weeks (more than 21 days) long-term health disorder includes consequences in the form of a disease or malfunction of an organ lasting more than three weeks (more than 21 days), directly related to causing harm to health);
2) significant permanent loss of general disability (10-33 percent inclusive).
Moderate damage to health includes, for example, cracks and fractures of small bones, one or three ribs on one side, dislocations in small joints, persistent difficulty speaking, loss of a finger or foot, moderate concussion, deep, crushed and infected wounds, the treatment of which may take more than 21 days. day , etc .
The crime is considered completed from the moment of causing moderate harm to health.
The subjective side of the crime is characterized by intentional guilt. Most often, the intent here is vague (unspecified).
The motives and goals of this criminal act are different. Some relate to qualified infliction of moderate harm to health.
The subject of the crime provided for in Part 1 is a sane individual who has reached the age of 16, and in Part 2 - a person who has reached the age of 14.
The qualified type of the crime in question (Part 2 of Article 104 of the Criminal Code) takes place if it is committed:
a) in relation to two or more persons means infliction of moderate harm to the health of two or more persons committed simultaneously or over a short period of time and covered by a single criminal intent of the perpetrator;
b) in relation to a person or his relatives in connection with the performance of this person's official activities or the performance of a professional or public duty. This act is committed with the aim of obstructing the lawful activities of the victim in the performance of official activities or the performance of professional or public duties, as well as motivated by revenge for such activities.;
c) with particular cruelty, as well as against a person who is obviously helpless for the perpetrator. By special cruelty in the case of moderate harm, one should understand both the special cruelty of the method of causing moderate harm (this includes the method of committing a crime that is particularly painful for the victim) and the special cruelty of the perpetrator's personality (his exceptional callousness, ruthlessness, ferocity, ruthlessness), manifested in the deed.
A state of helplessness means that the victim is deprived of the opportunity to effectively resist the criminal or evade the encroachment. This is recognized by the perpetrator, and he, by committing a crime, uses this state of the victim.
d) intentional infliction of moderate harm to health, which is not dangerous to human life and health and has not entailed the consequences specified in Article 103 of the Criminal Code, but which has caused a long-term health disorder or significant permanent loss of general ability to work by less than one third, is recognized as committed by an organized group if it is a completely stable group of persons who have previously united for committing one or more crimes.
e) the commission of acts provided for in the disposition of Article 104 of the Criminal Code is recognized for hooligan motives if it is completely based on obvious disrespect for society and generally accepted moral norms, when the behavior of the perpetrator is an open challenge to public order and is conditioned by the desire to set oneself against others, to demonstrate a disdainful attitude towards them.
f) motivated by social, national, racial, religious hatred or enmity. To apply paragraph "e" of Part 2 of Article 104 of the Criminal Code, it is necessary to establish a special intent from among those mentioned in the law. The dominant motive here is the desire of the perpetrator to commit physical violence in connection with his national, racial, or religious affiliation and thereby humiliate the honor and dignity of a particular nation, race, or denomination.
g) repeatedly or by a person who has previously committed intentional infliction of serious harm to health or murder, provided for in art. 96 of the Criminal Code.
Repetition in relation to paragraph "g" of Part 2 of Article 104 of the Criminal Code should be understood as the commission of two or more actions specified in the disposition in the absence of a single intent to commit these crimes and carried out, as a rule, at different times. In this case, the repetition is formed by previously committed intentional infliction of moderate harm to health, as well as intentional infliction of serious harm to health, Article 103 of the Criminal Code or murder provided for in Article 96 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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