Comment to article 132. Involvement of a minor in the commission of antisocial acts of the Criminal Code of the Republic of Kazakhstan of the Criminal Code of the Republic of Kazakhstan
1. Involving a minor in the non-medical use of narcotic or other intoxicating substances, or in the systematic use of alcoholic beverages, or in prostitution, vagrancy or begging —
is punishable by community service for a term of one hundred eighty to two hundred forty hours, or correctional labor for a term of one to two years, or arrest for a term of up to six months, or imprisonment for a term of up to three years.
2. The same act committed by a parent, teacher, or other person who is legally responsible for the upbringing of a minor, —
is punishable by restriction of liberty for a term of up to three years, or by arrest for a term of four to six months, or by imprisonment for a term of up to five years with or without deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years.
3. The acts provided for in the first or second parts of this Article, committed repeatedly or with the use of violence or with the threat of its use, — shall be punishable by imprisonment for a term of up to six years.
The social danger lies in the fact that the morality of a minor is being destroyed, and the habit of an antisocial, illegal lifestyle arises, which can become a ground for committing crimes. In addition, the use of narcotic or intoxicating substances causes serious health problems, sometimes resulting in death.
The object of the crime is the normal moral and physical development of a minor, and according to Part 3 of Article 132 of the Criminal Code, the health of a minor acts as an additional object.
The objective side is similar in nature to the objective side of the crime under Article 131 of the Criminal Code, with the exception of activities in which a minor is involved. This is not about a crime, but about various forms of antisocial behavior.:
1) non-medical use of narcotic or other intoxicating substances,
2) the systematic use of alcoholic beverages, 3) prostitution,
4) vagrancy, 5) begging.
The concept of "involvement" was considered in the analysis of the crime under Article 131 of the Criminal Code. Involvement in the non-medical use of narcotic drugs or other intoxicating substances means committing actions aimed at causing a minor to consume narcotic drugs. When engaging in the non-medical use of narcotic or other intoxicating substances, first of all, it is necessary to understand the concept of narcotic drugs.
Under narcotic drugs, according to paragraph 5 of Article 1 of the Law of the Republic of Kazakhstan "On Narcotic Drugs, Psychotropic Substances, Precursors and measures to counteract their Illicit trafficking and Abuse" dated July 10, 1998 (as last amended. plants or substances of synthetic or natural origin, their medicinal preparations classified as narcotic drugs or psychotropic substances in relevant international conventions, as well as other substances, plants or other natural materials causing mental and physical dependence of a person included in the list of narcotic drugs, psychotropic substances and precursors subject to control in the Republic of Kazakhstan.
Intoxicating substances include: clonidine, an alcoholic mixture in any percentage, a mixture of diphenhydramine with alcohol, a barbiturate-alcoholic mixture, chloroform, ether, toluene, chloroethyl, nitrous oxide; alcoholic plant extracts containing tropane group alkaloids.
The danger of involving a minor in the systematic use of alcoholic beverages lies in the toxic effect of alcohol on the adolescent's fragile, developing body. Alcoholism in minors develops much faster than in adults and, as a rule, takes severe forms. Alcohol has a corrupting effect on the behavior of a teenager, and often contributes to the commission of crimes. Responsibility for involving a minor in the consumption of alcoholic beverages occurs if the perpetrator has committed these acts more than three times during a certain time within a year, which confirms their systematic nature.
A single case of drinking alcohol with a minor cannot be considered as a crime provided for in the commented article.
Engaging in prostitution should be understood as actions that can arouse a teenager's desire to engage in sexual contact for a reward. Prostitution means that a woman sells her body. In this case, the perpetrator often uses the financial or other dependence of the victim. For liability under Article 132 of the Criminal Code, the former, including the immoral behavior of a minor, does not matter.
The involvement of a minor in vagrancy is understood as his deliberate inducement in various ways to wander from one settlement to another or within the same city (district), etc., or to live on unearned income.
The involvement of a minor in begging is the systematic begging of strangers for money, food, clothing and other material assets, if these actions indicate a parasitic lifestyle.
The involvement of a minor in the commission of antisocial acts is a formal structure. The crime is considered completed from the moment of performing one of the actions listed in the disposition of the article.
The subject of the crime under Article 132 of the Criminal Code can only be an individual, a sane person who has reached the age of 18.
The subjective side of involving a minor in anti–social acts presupposes the establishment of direct intent in the actions of an adult - the latter's awareness of the socially dangerous nature of his actions and anticipation of its socially dangerous consequences. In a Regulatory resolution dated April 11, 2002, the Supreme Court of the Republic of Kazakhstan clarifies in paragraph 23 that the involvement of a minor in anti-social acts provided for in Article 132 of the Criminal Code is committed only with direct intent. In this case, criminal liability occurs only if the perpetrator was reliably aware of the minor age of the person involved and there are valid signs of such involvement.
The qualifying signs of the crime provided for in Article 132 of the Criminal Code largely coincide with the signs of the act provided for in Article 131 of the Criminal Code, with the exception of the sign "repeatedly", which is fixed in Part 3 of Article 132 of the Criminal Code, absent in Article 131 of the Criminal Code. According to Part 1 of Article 11 of the Criminal Code, repetition presupposes the commission by the same person of two or more acts provided for in the same article or part of the article of the Special Part of the Criminal Code of the Republic of Kazakhstan. In this case, the guilty person had previously committed the act provided for in art. 132 of the Criminal Code and until the criminal record has been removed or expunged, he is again held accountable for involving a minor in anti-social acts. When determining the frequency, crimes for which a person has been released from criminal liability in accordance with the procedure established by law, or when the statute of limitations for criminal liability for him has expired, cannot be taken into account.
In addition, the crime under Article 132 of the Criminal Code consists of three parts, and Article 131 of the Criminal Code provides for four parts. The particularly aggravating features specified in Part 4 of Article 131 of the Criminal Code are absent in Article 132 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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