Comment to Article 112. Threat of the Criminal Code of the Republic of Kazakhstan of the Criminal Code of the Republic of Kazakhstan

     A threat of murder or serious injury to health, as well as other serious violence against a person or destruction of property by arson, explosion or other generally dangerous means, if there are sufficient grounds to fear that this threat will be carried out., -      

is punishable by arrest for a term of four to six months, or restriction of liberty for a term of up to two years, or imprisonment for the same term      

The public danger of the crime in question lies in the fact that the perpetrator often subsequently implements the threat. In this regard, the establishment of criminal liability for a threat makes it possible to ensure the safety of citizens, prevent serious crimes and not leave the perpetrators unpunished.      

The object of the crime in question is life and health, since it is precisely these values that are in danger and are at risk of harming them in this criminal encroachment. The victim's property acts as an additional object.      

The objective side is expressed in the following actions, such as threatening to kill or cause serious harm to health, as well as other serious violence against a person or destruction of property by arson, explosion or other generally dangerous means, if there are sufficient grounds to fear that this threat will be carried out.      

A threat is the intimidation of a person through mental influence on him. The methods of expressing a threat can be different: verbally or in writing, addressed directly to the victim or through third parties, or through his relatives; using a telephone, telegraph, fax).      

The threat may be future-looking or immediate in nature. An obligatory feature of this composition is the reality of the threat, i.e. the presence of sufficient grounds to fear the implementation of this threat. This means that the victim perceives the threat not as an empty or joking statement, but as a real intention to implement this threat. The reality of the threat may be indicated by a number of factors: a specific situation, situation, place, time, characteristics of the perpetrator, his type of behavior, previous criminal record, and others. Thus, a threat can be recognized as real when it is accompanied by the search for appropriate tools for its execution, utterance in the process of a serious conflict, and not an accidental dispute or scandal.      

The victim's subjective perception of the threat should be based on objective grounds and fear its execution. However, it does not matter whether the perpetrator intended to actually carry out the threat in the future, it is enough for the alleged victim to believe so.      

Threatening to kill or cause serious harm to health is mental violence. This crime differs from attempted murder and serious bodily harm in that the perpetrator does not aim to take the victim's life or cause him serious harm and does not commit any actions aimed at fulfilling the threat in reality.      

The threat of destruction of property by arson, explosion or other generally dangerous means. In this case, in addition to human life and health, the victim's property is an additional object.      

The crime should be considered over from the moment the threat is uttered.      

The subjective side of the crime is characterized by guilt in the form of direct intent. The perpetrator is aware that he is expressing a threat by his actions and wants to commit these actions.      

A threat can only be perfect with direct intent. An act committed with indirect intent or through negligence cannot constitute a threat. It does not constitute a threat, such an act is when a person inadvertently points a gun at another person, wanting to frighten him.      

The motives and goals of this crime are diverse and do not affect qualifications.      

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

The crime provided for in Article 112 of the Criminal Code of the Republic of Kazakhstan is a minor crime.

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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