Comment to article 183. Acquisition or sale of property knowingly obtained by criminal means of the Criminal Code of the Republic of Kazakhstan of the Criminal Code of the Republic of Kazakhstan

     1. The acquisition or sale of property knowingly obtained by criminal means that was not promised in advance., —      

are punishable by a fine in the amount of fifty to one hundred monthly calculation indices or in the amount of wages or other income of the convicted person for a period of up to one month, or community service for a period of one hundred eighty to two hundred forty hours, or correctional labor for up to two years, or arrest for up to six months with confiscation of property or without it.      

2. The same acts committed:      

a) in relation to a car or other large-scale property;      

b) a group of persons by prior agreement;      

c) a person previously convicted of embezzlement, extortion, acquisition or sale of property knowingly obtained by criminal means;      

d) in relation to rare and endangered species of animals and plants, as well as animals whose hunting is completely prohibited, or products from them, —      

are punishable by restriction of liberty for a term of up to three years or imprisonment for a term of up to four years with a fine in the amount of up to one hundred monthly calculation indices or in the amount of wages or other income of the convicted person for a period of up to two months or without it with confiscation of property or without it.      

3. The acts provided for in the first or second parts of this Article committed by an organized group or a person using his official position,—      

are punishable by imprisonment for a term of up to five years with or without confiscation of property.

     The social danger of the analyzed act is expressed in the fact that as a result of the acquisition or sale of property knowingly obtained by criminal means, property rights are violated, and material damage is caused to the victim.      

The object of the crime in question is property. The immediate object is the established procedure for the acquisition or sale of property.     

The object of the crime is property obtained by criminal means. 115 of the Civil Code of the Republic of Kazakhstan, objects of civil rights may be property and personal non-property goods and rights. Property benefits and rights include: things, money, including foreign currency, securities, works, services, brand names, trademarks and other means of individualization of products and other property. The listed objects of civil rights may be acquired by criminal means, but in such cases, civil law transactions committed against them will be declared invalid.      

183 of the Criminal Code may not include nuclear materials or radioactive substances, weapons or their main parts, ammunition, explosives and explosive devices, narcotic drugs, psychotropic substances, potent or nuclear substances. Their illegal acquisition falls under the signs of crimes provided for in Articles 247, 251, 259 and 263 of the Criminal Code. Pornographic materials cannot be the subject of sale of property knowingly obtained by criminal mea183 of the Criminal Code may not include nuclear materials or radioactive substances, weapons or their main parts, ammunition, explosives and explosive devices, narcotic drugs, psychotropic substances, potent or nuclear substances. Their illegal acquisition falls under the signs of crimes provided for in Articles 247, 251, 259 and 263 of the Criminal Code. Pornographic materials cannot be the subject of sale of property knowingly obtained by criminal means. In such cases, the actions of the perpetrator should be qualified under Article 273 of the Criminal Code, which establishes liability for the illegal distribution oIn such cases, the actions of the perpetrator should be qualified under Article 273 of the Criminal Code, which establishes liability for the illegal distribution of pornographic materials or objects.      

The objective side of the act in question is expressed in the active actions of a person to acquire or sell property knowingly obtained by criminal means.      

According to Article 235 of the Civil Code of the Republic of Kazakhstan, the grounds for acquiring ownership of property are:      

a) making or creating a new thing;      

b) income received as a result of the use of property (fruits, products, income);      

c) a contract of sale, barter, donation or other transaction on the alienation of this property;      

d) the right of inheritance; e) the discovery of property whose owner is unknown;      

f) the right to property that the owner has renounced or to which he has lost ownership.      

The acquisition of property knowingly obtained by criminal means should be understood as both a paid (purchase, exchange) and gratuitous (acceptance as a gift) receipt of this property. A person who acquires property obtained by criminal mThe acquisition of property knowingly obtaineminal means should be understood as both a paid (purchase, exchange) and gratuitous (acceptance as a gift) receipt of this property. A person who acquires property obtained by criminal means is its illegal owner. If such an owner was mistaken in good faith about the nature of the acquired property, then he is not liable under art.183 of the Criminal Code. The Criminal Law differentiates the liability of persons who knew about the criminal nature of the acquired property. Thus, the actions of a person who constantly acquires stolen property from criminals and promises to purchase it are qualified as complicity in the commission of a crime in the form of complicity. The actions of a person who found out about the criminal nature of the property he acquired after committing the crime, as a result of which this property was obtained, but nevertheless acquired it, are qualified under art.183 of the Criminal Code.      

Sale should be understood as the paid or gratuitous transfer or alienation in any way of property obtained by criminal means to individuals and legal entities: sale, exchange, donation, transfer, etc. This crime is considered completed from the moment of receipt or alienation of property obtained by criminal means.      The subject of the crime is a sane individual who has reached the age of 16.      

On the subjective side, the analyzed crime is characterized by guilt in the form of direct intent. A person is aware that he subjective side, the analyzed crime is characterized by guilt in the form of direct intent. A person is aware that he is acquiring or selling property obtained by criminal means, anticipates that socially dangerous consequences will occur as a result of his behavior and wishes to purchase or sell this property. In this regard, a person must necessarily know that he is acquiring property obtained by criminal means. However, it is not necessary that the person acquiring this property knows exactly how it was obtained.      

The legislator refers to the qualifying features of the act in question:      

a) the acquisition or sale of a criminally obtained car, or the acquisition or sale on a large scale of criminally obtained property;      

b) acquisition or sale of criminally obtained property committed by a group of persons by prior agreement; c) the same actions committed by a person previously convicted of embezzlement, extortion, acquisition or sale of property knowingly obtained by criminal means.      

To impute paragraph "a" of Part 2 of Article 183 of the Criminal Code, it is required to establish that a person purchases or sells a car or property for an amount five hundred times higheTo impute paragraph "a" of Part 2 of Article 183 of the Criminal Code, it is required to establish that a person purchases or sells a car or propertyfor an amount five hundred times higher than the monthly calculation index established by the legislation of the Republic of Kazakhstan at the time of the commission of the crime.      

The acquisition or sale of property knowingly obtained by criminal means is considered to have been committed by a group of persons by prior agreement (Part 2 of Article 31 of the Criminal Code) if they were committed by two or more persons who agreed in advance to commit it together (paragraph "b" of part 2 of Article 183 of the Criminal Code).      

If a person has previously been convicted of embezzlement, extortion, or for the acquisition or sale of property knowingly obtained by criminal means, and the criminal record against them has not been removed or expunged, or the statute of limitations has not expired for them, in case of a newly committed crime, then he (the person) is brought to criminal responsibility under clause "c" h.2 art.183 of the Criminal Code.      

Particularly qualified features include the following:      

a) the same act committed by an organized group;      

b) the same act committed by a person using his official position.      

These signs, provided for in Part 3 of Article 183 of the Criminal Code, completely coincide with the signs of crimes provided for in Articles 175 and 176 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 adopte

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