Comment to Article 111. Reckless infliction of harm to health to the Republic of Kazakhstan of the Criminal Code of the Republic of Kazakhstan

     1. Causing serious injury by negligence, -      

is punishable by a fine in the amount of one hundred to two hundred monthly calculation indices or in the amount of the convicted person's salary or other income for a period of up to three months, or by community service for a term of one hundred eighty to two hundred forty hours, or by restriction of liberty for a term of up to three years, or by arrest for a term of three to six months.    

2. Causing serious injury to health by negligence to two or more persons, -      

is punishable by restriction of liberty for a term of up to four years or imprisonment for a term of up to two years.      

3. Excluded by the Law of the Republic of Kazakhstan No. 10–III dated December 9, 2004.      

4. Causing moderate harm to health by negligence to two or more persons, -     

is punishable by a fine in the amount of fifty to two hundred monthly calculation indices or in the amount of the convicted person's salary or other income for a period of one to two months, or by community service for a period of one hundred to two hundred hours, or by restriction of liberty for a term of up to three years, or by arrest for a term of four to six months.

     The object of the crime in question is the health of another person.      

The objective side of the crime is expressed in causing serious harm to health through actions or omissions. This is usually a gross violation of the rules of household precautions or non-compliance with the rules of precautions in the field of professional activity. Moreover, these consequences must be causally related to the act of the perpetrator. The concept of serious harm to human health is disclosed in the commentary to Article 103 of the Criminal Code.      

The crime is considered completed from the moment of causing serious harm to health.      

The subjective side of the crime in question is characterized by careless guilt: arrogance, when a person foresaw the possibility of serious (moderate) harm to health from his actions (inaction), but without sufficient grounds thoughtlessly counted on preventing these consequences, or negligence, when a person did not foresee the possibility of serious (moderate) harm to health from his actions actions (inaction), although with due care and foresight it should have and could have foreseen these consequences.      

The subject of the crime is a sane individual who has reached the age of 16.      

Qualified types of crimes are provided for in parts 2 and 4 of Article 111 of the Criminal Code in cases of causing serious or moderate harm to health by negligence to two or more persons.      

The crimes provided for in Parts 1, 2 and 4 of art. 111 of the Criminal Code of the Republic of Kazakhstan are minor crimes.

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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