Comment to Article 171. Sabotage of the Criminal Code of the Republic of Kazakhstan of the Criminal Code of the Republic of Kazakhstan
The commission of an explosion, arson or other actions aimed at mass destruction of people, harm to their health, destruction or damage to enterprises, structures, ways and means of communication, means of communication, life support facilities of the population with the aim of undermining the security and defense capability of the Republic of Kazakhstan, as well as the commission of mass poisoning or the spread of epidemics and epizootics for the same purposes, —
is punishable by imprisonment for a term of ten to twenty years or by death penalty or life imprisonment with or without confiscation of property.
Sabotage poses a serious threat to the economic security and defense capability of the Republic of Kazakhstan, and can lead to significant economic weakening and political destabilization of the state and society. Sabotage is aimed at undermining the security and defense capability of the Republic of Kazakhstan, which causes a high degree of public danger of this encroachment.
The direct object of the sabotage is the economic security and defense capability of the Republic of Kazakhstan.
Economic security is understood as "the state of protection of the national economy of the Republic of Kazakhstan from internal and external conditions, processes and factors that endanger its sustainable development and economic independence."
On the basis of According to the Law of the Republic of Kazakhstan "On Defense and the Armed Forces of the Republic of Kazakhstan" dated January 7, 2005, the defense of the Republic of Kazakhstan is understood as "a system of state measures of a political, military, economic, environmental, socio-legal and other nature to ensure military security, armed protection of sovereignty, territorial integrity and inviolability of the borders of the Republic of Kazakhstan."
Enterprises, structures, ways and means of communication, communication facilities, and life support facilities for the population (regardless of the form of ownership) can be the subject of sabotage. These are power and communication lines; oil and gas pipelines; mines; bridges; dams; heating and water supply systems; armament depots, fuel and food, etc.
The objective side of sabotage is characterized by the commission of actions expressed in one of the forms provided for by the disposition:
1) explosion, arson or other action aimed at mass destruction of people, causing harm to their health;
2) an action aimed at the destruction or damage of enterprises, structures, ways and means of communication, means of communication, and life support facilities for the population;
3) committing mass poisoning;
4) the spread of epidemics;
5) the spread of epizootics.
The first form of sabotage (explosion, arson or other action aimed at mass destruction of people, causing harm to their health) consists in disabling (killing, causing harm to health of varying severity) a significant number of employees of enterprises, institutions and organizations in order to undermine the security and defense capability of the Republic of Kazakhstan.
In accordance with the medical signs (criteria) of harm to health provided for by the criminal legislation of the Republic of Kazakhstan, as well as methodological guidelines, the expert determines the severity of the harm caused during the forensic medical examination.
Harm to health is understood as a violation of the anatomical integrity of organs (tissues) or their physiological functions (bodily injury), or diseases or pathological conditions that have arisen as a result of exposure to various environmental factors: mechanical, chemical, biological, mental.
Depending on the severity of the harm caused to health, the criminal law establishes liability for causing serious, moderate and minor harm to health, which are determined by By Order of the Minister of Health of the Republic of Kazakhstan dated December 20, 2004 "On approval of the Rules for the organization and conduct of forensic medical examination".
Sabotage in the second form is characterized by the commission of actions aimed at destroying or damaging national economic facilities listed in the law.
An enterprise is understood as a property complex used for carrying out entrepreneurial activities, for example, factories, factories.
Construction – constructed objects with various economic purposes (buildings, bridges, canals, etc.). Communication routes should be understood as lines on which railway, automobile, water, air and pipeline transport facilities are located, designed for the transportation, reception and delivery of goods, passenger services.
Means of communication – vehicles of all types.
Means of communication constitute the technical basis for ensuring the collection, processing, accumulation and dissemination of information (see the Law of the Republic of Kazakhstan "On Communications" dated July 5, 2004).
Life support facilities for the population are any enterprises, institutions, structures that ensure the normal functioning of the population (water treatment plants, power lines, food warehouses, etc.). Destruction should be understood as bringing facilities into complete disrepair, which means that it is impossible or economically feasible to restore them.
Damage is understood as causing such damage to objects of sabotage activities, which significantly reduces their national economic importance, but can be eliminated by repair and restoration.
The methods of the first two forms of sabotage are not only explosions and arson, directly identified by the legislator, but also other actions aimed at the mass destruction of people, causing harm to their health, or at the destruction or damage of objects listed in the disposition of art. 171 of the Criminal Code. Other actions include, for example, arranging accidents and catastrophes, landslides and floods, and so on.
The composition of the sabotage in these forms is considered completed from the moment of the commission of the actions specified in the law. The consequences that have occurred do not affect the qualification of the deed, but are taken into account when determining the degree of guilt and sentencing.
The third form of sabotage consists in committing mass poisoning, that is, disabling people by poisoning food, water, medicines, and the like with toxic substances.
Poisoning is a painful condition caused by the ingestion of toxic substances into the human body. The danger of poisoning is that it can cause death.
According to this form, sabotage is considered over from the moment of mass poisoning of people.
The fourth form of sabotage is the spread of epidemics. In accordance with the Law of the Republic of Kazakhstan "On Sanitary and Epidemiological Welfare of the Population" dated December 4, 2002, an epidemic is defined as "the mass spread of an infectious disease significantly exceeding the usually recorded incidence rate."
Sabotage in this form is considered over from the moment of mass infection of people with an infectious disease. The fifth form of sabotage is expressed in the spread of epizootics. On the basis of the Law of the Republic of Kazakhstan "On Veterinary Medicine" dated July 10, 2002, epizootic refers to "the massive spread of particularly dangerous and other infectious animal diseases in the territory of the relevant administrative-territorial unit."
The subjective side of sabotage is characterized by direct intent. The motives for the sabotage may be different, which do not affect the qualification of the deed.
The subject of sabotage is a sane individual who has reached the age of 16.
On the objective side, sabotage is similar to some ordinary crimes, such as murder committed in a manner dangerous to the lives of many people (paragraph "e" of part 2 of Article 96 of the Criminal Code), intentional destruction or damage to other people's property (Article 187 of the Criminal Code), intentional deterioration of vehicles or communication routes (Article 299 CC). Their difference from sabotage is that they damage other areas of public relations. In addition, when they are committed, the perpetrator does not have the information specified in art. 171 of the Criminal Code of the Republic of Kazakhstan has a special purpose to undermine the economic security and defense capability of the Republic of Kazakhstan.
233 of the Criminal Code), sabotage differs mainly in the objectives of the crime: the terrorist pursues the goal of violating public safety, intimidating the population; the saboteur directs his efforts to destroy people, harm their health, and destroy important structures in order to undermine the security and defense of the country.
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
Constitution Law Code Standard Decree Order Decision Resolution Lawyer Almaty Lawyer Legal service Legal advice Civil Criminal Administrative cases Disputes Defense Arbitration Law Company Kazakhstan Law Firm Court Cases
