Comment to Article 144. Disclosure of medical secrets of the Criminal Code of the Republic of Kazakhstan of the Criminal Code of the Republic of Kazakhstan
1. Disclosure by a medical professional, without professional or official necessity, of information about the disease or the results of a medical examination of the patient —
is punishable by a fine in the amount of up 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 one month or correctional labor for a period of up to one year.
2. The same act, expressed in the communication of information about the presence of HIV in a person/AIDS, —
is punishable by a fine in the amount of one hundred to three hundred monthly calculation indices or in the amount of the convicted person's salary or other income for a period of one to three months, or by deprivation of the right to hold certain positions or engage in certain activities for a period of two to five years, or correctional labor for a period of up to two years.
3. The acts provided for in the first or second parts of this Article, if they have entailed grave consequences, —
are punishable by imprisonment for a term of up to three 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.
The public danger of disclosing medical secrets is expressed in violation of the right to privacy, personal and family secrets enshrined in Article 18 of the Constitution of the Republic of Kazakhstan.
The object of the crime is the right to privacy. In order to correctly diagnose and successfully treat certain diseases (especially mental, sexually transmitted, etc.), a doctor must know a number of circumstances that constitute a personal and family secret.
The objective side is expressed in the active actions of medical workers aimed at disclosing information about the disease or the results of a medical examination of the patient without professional or official necessity. At the same time, disclosure should be understood as the communication of information about the disease or the results of a medical examination of a patient to at least one outsider when it is performed without professional or official necessity.
Professional and official necessity may be dictated by the situation of the probable danger of infection of persons in contact with the patient.
The crime is considered completed from the moment at least one person is informed about the disease or the results of a medical examination of the patient.
The subjective side of the crime is characterized by direct or indirect intent. The perpetrator is aware that he is disclosing information about the patient's illness, thereby violating his constitutional right to privacy, anticipates the onset of undesirable consequences for the patient and wants or deliberately allows these consequences to occur.
The subject of the crime is a special medical worker, that is, a medical attendant. Part 2 of Article 144 of the Criminal Code of the Republic of Kazakhstan provides for the responsibility of disclosing to the guilty information about the presence of human immunodeficiency virus or acquired immunodeficiency syndrome.
A particularly qualified staff (Part 3 of Article 144 of the Criminal Code of the Republic of Kazakhstan) is such disclosure, which has serious consequences. At the same time, grave consequences should be understood as consequences in the form of suicide (suicide), mental illness, etc.
The crimes provided for in Parts 1 and 2 of art. 144 of the Criminal Code of the Republic of Kazakhstan are minor crimes. The crime provided for in Part 3 of Article 144 of the Criminal Code of the Republic of Kazakhstan refers to crimes of moderate severity.
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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