Comment to article 119. Leaving in danger of the Criminal Code of the Republic of Kazakhstan of the Criminal Code of the Republic of Kazakhstan
1. The deliberate abandonment without assistance of a person who is in a life- or health-threatening condition and is deprived of the opportunity to take measures for self-preservation due to infancy, old age, illness or other helpless condition, in cases where the perpetrator had the opportunity to help this person and was obliged to take care of this person or himself put him in a life-threatening condition. life or health condition, -
is punishable by a fine in the amount of fifty to one hundred monthly calculation indices or in the amount of the convicted person's salary or other income for a period of up to two months, or by community service for a period of one hundred and twenty to one hundred and eighty hours, or correctional labor for up to one year, or arrest for up to three months.
2. The same act that negligently caused the death of a person left without assistance, or other grave consequences, -
is punishable by a fine in the amount of five hundred to one thousand monthly calculation indices or in the amount of the convicted person's salary or other income for a period of five to ten months, or by arrest for a term of up to six months, or by imprisonment for a term of up to three years.
The object of the crime is the life and health of a person who is deprived of the opportunity to take measures for self-preservation.
The objective side of the crime is characterized by the inaction of the perpetrator, which consists in deliberately leaving without the help of a person who is in a life-threatening or health-threatening condition and is unable to take measures for self-preservation due to infancy, old age, illness or due to another painful condition, while the perpetrator was obliged to take care and had the opportunity to provide assistance or himself put the victim in a dangerous situation. a condition for life and health.
To impute this corpus delicti, it is necessary to establish a number of circumstances.:
a) the victim must be in a life-threatening and health-threatening condition;
b) he must be deprived of the opportunity to take measures for self-preservation due to infancy, old age, illness or other helpless condition;
c) the perpetrator must be able to provide assistance and be obligated to take care of the victim (family relations, due to profession or activity);
d) the perpetrator must himself put the victim in a life- or health-threatening condition (dragged into a dangerous hike, long-distance crossing, in cases of traffic accidents, etc.).
The corpus delicti should be considered completed from the moment of non-fulfillment of obligations to assist the victim, regardless of the occurrence of harmful consequences. However, if a person takes measures to promptly inform the appropriate authorities about the need for assistance, then there is no corpus delicti.
This crime should be distinguished from Article 118 of the Criminal Code. According to Article 118 of the Criminal Code, a person is subject to protection, and according to Article 119 of the Criminal Code, a person who is in a condition dangerous to life and health and is unable to take measures for his own preservation. The subjective side of the crime is characterized by direct intent, i.e. the perpetrator realizes that he is obliged and has a real opportunity to provide appropriate assistance to a person who is in a deliberately dangerous condition for life and health, and deliberately evades assistance.
The motives can be different: indifference, cowardice, etc.
The subject of a special crime is a sane individual who has reached the age of 16 and is obliged to take care of a person who is in a deliberately dangerous condition for life and health. Such an obligation may arise from the perpetrator's profession, from a contract, or from his previous behavior.
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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