Comment to article 155. Obstruction of the lawful professional activity of a journalist of the Criminal Code of the Republic of Kazakhstan of the Criminal Code of the Republic of Kazakhstan
1. Obstruction of the legitimate professional activity of a journalist by forcing him to disseminate or refuse to disseminate information —
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 one month, or by community service for up to one hundred and eighty hours, or correctional labor for up to one year.
2. The same act committed by a person using his official position, as well as with the use of violence or the threat of its use, —
is punishable by correctional labor for a term of up to two years or 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.
Article 20 of the Constitution of the Republic of Kazakhstan guarantees freedom of speech and creativity, which means the right of everyone to freely receive and disseminate information in any way not prohibited by law.
In accordance with the Law of the Republic of Kazakhstan "On Mass Media" dated July 23, 1999 (as amended and supplemented), freedom of speech, creativity, expression in print and other forms of one's views and beliefs, obtaining and distributing information in any way not prohibited by law are guaranteed by the Constitution of the Republic of Kazakhstan. Censorship is prohibited. (part 1 of art. 2).
According to art . 20 of the law, a journalist has the right to search, request, receive and disseminate information without restrictions, except in cases provided for by the legislation of the Republic of Kazakhstan.
The public danger of the act provided for in Article 155 of the Criminal Code of the Republic of Kazakhstan is expressed in violation of freedom of speech and the press. By obstructing the legitimate professional activity of a journalist, the perpetrator encroaches on these rights and freedoms.
The object of the act in question is freedom of speech, press, and creativity.
The objective side of the analyzed act is formed by two groups of actions:
1. obstructing the legitimate professional activity of a journalist by forcing him to disseminate information;
2. Obstructing the legitimate professional activity of a journalist by forcing him to refuse to disseminate information.
Obstruction should be understood as the creation of obstacles or obstacles to the legitimate professional activities of a journalist.
Coercion consists of unlawful mental or physical influence on a journalist. Most often, coercion is carried out through threats. Advising a journalist not to publish information that has become known to him does not constitute a crime in question.
By design, the composition is formal, the crime is recognized as completed from the moment of the commission of the actions specified in the disposition of the article.
On the subjective side, the act is characterized by guilt in the form of direct intent, that is, the person is aware that he is obstructing the legitimate activities of a journalist, anticipates the possibility or inevitability of consequences and wants them to occur.
The general subject of the crime in question is a sane individual who has reached the age of 16.
If the obstruction of the legitimate professional activity of a journalist took place on the part of an official who used his official position for this purpose, the act should be qualified under Part 2 of Article 155 of the Criminal Code of the Republic of Kazakhstan. As another qualifying feature, the legislator calls the use of physical or mental violence against a journalist in order to force him, for example, to publish information against the will of the latter or to refuse to do so, despite the fact that he intended to do so. In this case, violence can result in causing mild or moderate harm to the health of a journalist. Causing serious harm to health requires qualification in the aggregate: Articles 155 and 103 of the Criminal Code of the Republic of Kazakhstan.
The crime provided for in Part 1 of Article 155 of the Criminal Code of the Republic of Kazakhstan refers to crimes of minor gravity.
The crime provided for in Part 2 of Article 155 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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