Comment to article 109. Causing serious harm to health when exceeding the limits of necessary defense of the Criminal Code of the Republic of Kazakhstan of the Criminal Code of the Republic of Kazakhstan
Intentional infliction of serious harm to health, committed while exceeding the limits of necessary defense, is punishable by restriction of liberty for a term of up to one year or imprisonment for the same term.
The social danger of the crime being analyzed is expressed in the fact that serious harm to health is unnecessarily caused as a result of its commission.
The object of the crime is human health.
The objective side of the crime is characterized by the commission of actions that cause serious harm to health when exceeding the limits of necessary defense and the causal relationship between the actions and the consequences. Signs of serious harm to health are considered in the analysis of Article 103 of the Criminal Code. Defensive retaliatory actions must be performed at the moment of a socially dangerous assault on the part of the victim (except in cases of a real threat of attack and after the end of the assault, when the defender did not know about the moment when the attack stopped).
Intentional infliction of serious harm to health when exceeding the limits of necessary defense is recognized as a clear discrepancy between the protection of the nature and degree of public danger of the encroachment, as a result of which the encroaching person is clearly caused excessive harm that is not caused by the situation. The infliction of serious harm within the limits of necessary defense is recognized as legitimate. For the conditions of legality of an act of necessary defense and exceeding its limits, see the commentary to art.32 OF the Criminal Code OF the Republic of Kazakhstan.
The crime is considered completed from the moment of causing serious harm to health.
The subjective side is characterized by guilt in the form of direct or indirect intent.
The motives and objectives of this criminal act are not criminal in nature. The motive is the desire to protect law enforcement interests. The purpose is to protect against socially dangerous encroachment.
The subject of the crime is a sane individual who has reached the age of 16.
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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