Comment to Article 187. Intentional destruction or damage of other people's property of the Criminal Code of the Republic of Kazakhstan of the Criminal Code of the Republic of Kazakhstan
1. Intentional destruction or damage to other people's property, causing significant damage, —
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, convicted for a period of two months, or community service for a period of one hundred to one hundred and eighty hours, or correctional labor for up to one year, or arrest for up to three months, or imprisonment imprisonment for a term of up to two years or restriction of liberty for the same term.
2. The same deeds:
a) committed by arson, explosion or other generally dangerous means;
b) negligently causing serious or moderate harm to health;
c) committed in connection with the victim's performance of his official or public duty or in relation to his close relatives for the same reasons;
d) motivated by social, national, racial or religious hatred, —
are punishable by correctional labor for a term of up to two years, or by arrest for a term of two to six months, or by restriction of liberty for a term of up to four years, or by imprisonment for a term of up to four years.
3. The acts provided for in the first or second parts of this Article, entailing:
a) death of a person by negligence;
b) destruction or damage of historical, cultural monuments, natural complexes or objects protected by the state, as well as objects or documents of special historical, scientific, artistic or cultural value, —
are punishable by imprisonment for a term of three to seven years.
Note. Significant damage is the amount of damage that is one hundred times higher than the monthly calculation index.
The public danger of the act in question is expressed in the fact that as a result of its intentional commission, someone else's property is destroyed or damaged, and significant damage is caused to the victim.
The object of the crime being analyzed is property.
Any other person's property (movable and immovable), including those withdrawn from civil circulation, may be the subject of a crime, except in cases where the destruction or damage of individual objects constitutes independent crimes under art.291 of the Criminal Code "Illegal felling of trees and shrubs", art.292 of the Criminal Code "Destruction or damage to forests", art.299 324 of the Criminal Code "Theft or damage of documents, stamps, seals".
The destruction or damage of tangible property may also be the result of terrorism (Article 233 of the Criminal Code) or vandalism (Article 258 of the Criminal Code). In all these cases, the perpetrator has independent grounds for criminal liability.
The disposal of stolen property by the perpetrator at his discretion (sale or gratuitous transfer to other persons, damage, disassembly, destruction, etc.) does not constitute an independent crime and does not require additional qualifications.
In cases where the actions of the perpetrator related to the destruction of stolen property resulted in injury to health or death of a person, the act, along with the article of the Criminal Code of the Republic of Kazakhstan providing for liability for theft, depending on the intent, should also be qualified under articles of the Criminal Code providing for liability for encroachment on the life or health of a person.
If, during the destruction of stolen property, other foreign property that is not the object of theft was intentionally or negligently destroyed or damaged, then the actions of the perpetrator should, depending on the intent, also be qualified accordingly under Articles 187 or 188 of the Criminal Code.
On the objective side, the crime is expressed in the destruction or damage of other people's property. The destruction of an object is the complete loss of its consumer properties and economic value, that is, bringing it to a state in which it cannot be used for its intended purpose at all, and the properties it has lost cannot be restored. Damage is understood as causing such damage to property, which significantly reduces its economic value, therefore, the possibility of using it for its intended purpose is reduced. Unlike destruction, which means the irreparable loss of a thing, damage entails only a qualitative deterioration of the object, which can be eliminated by restoration, repair of the thing, etc.
This crime should be considered over if significant damage has been caused as a result of the destruction or damage to someone else's property. According to the notes to art.187 of the Criminal Code, the damage is considered significant, one hundred times the monthly estimated figure.
A natural sane person who has reached the age of 16 is recognized as the subject of the main composition of destruction or damage, and in aggravating circumstances (parts 2 and 3 of art.187 of the Criminal Code) - a person who has reached the age of 14.
The subjective side of the act in question is expressed by guilt in the form of intent, both direct and indirect. A person who intentionally destroys or damages someone else's property is aware of the socially dangerous nature of his act, anticipates that as a result of his actions there will be consequences in the form of significant damage, desires or deliberately allows such consequences to occur.
According to paragraph "a" of Part 2 of Article 187 of the Criminal Code, responsibility comes for the same actions committed by arson, explosion or other generally dangerous method. A generally dangerous method, except for an explosion or arson, covers actions that have great destructive power and create a danger of death of people and causing other serious consequences, for example, flooding, poisoning of animals, accidents on transport, etc.
According to paragraph "b" of Part 2 of Article 187 of the Criminal Code, such actions are qualified that involve negligently causing serious or moderate harm to the health of at least one person. At the same time, the subjective side here is characterized by a double form of guilt: intent in relation to the action (destruction of someone else's property) and negligence in relation to the consequences (causing harm to health). If, during the commission of this crime, the victim's health is intentionally harmed, then his actions should be qualified according to the totality of the corresponding part of art. 187 of the Criminal Code and articles on crimes against health.
Paragraph "b" of Part 2 of Article 187 of the Criminal Code provides for liability for the same actions committed in connection with the victim's performance of his official or public duty or in relation to his close relatives for the same reasons. Official duty refers to actions that fall within the scope of official duties of any person arising from an employment contract with state-owned or other duly registered enterprises whose activities do not contradict current legislation. The fulfillment of a public duty is understood as the exercise by citizens of public duties specifically assigned to them, as well as the commission of other actions in the interests of society or individuals (when informing authorities about an impending crime, etc.).
Paragraph "d" of Part 2 of Article 187 of the Criminal Code provides for liability for committing these actions motivated by social, national, racial or religious hatred. These signs are considered in detail in the analysis of paragraph "l" of Part 2 of Article 96 of the Criminal Code.
According to paragraph "a" of Part 3 of Article 187 of the Criminal Code, the actions provided for in parts 1 and 2 of this Article that negligently caused the death of a person should be qualified. On the subjective side, this act is characterized by a double form of guilt. The act is committed with direct intent, and in relation to the consequences, guilt is expressed in the form of negligence.
According to paragraph "b" of Part 3 of Article 187 of the Criminal Code, responsibility arises for acts provided for in parts 1 or 2 of this article that have resulted in the destruction or damage of historical, cultural, natural monuments, natural complexes or objects protected by the state, as well as objects or documents of special historical, scientific, artistic or cultural value.
In accordance with art .3 of the Law of the Republic of Kazakhstan "On the Protection and Use of Historical and Cultural Heritage" dated July 2, 1992 (as amended and add.) Historical and cultural monuments include – individual buildings, buildings and structures with historically established territories of these buildings, buildings and structures, memorial houses, quarters, necropolises, mausoleums and individual burials, works of monumental art, stone sculptures, rock carvings, archaeological sites included in the State List of Historical and Cultural Monuments and potential objects of restoration, objects of science and technology, materials of anthropology, ethnography, folklore, numismatics, epigraphy, photographs, films, works of literature and art, archival handwritten documents, book-manuscripts, antique and rare editions, relics and objects of a memorial nature, representing historical, scientific, artistic and other cultural value.
Natural complexes or objects taken under state protection are typical and rare landscapes, nature reserves, nature reserves, national nature parks, natural monuments, that is, complexes withdrawn from economic use, including land, subsoil, waters, flora and fauna in all their species diversity (art.2 of the Law of the Republic of Kazakhstan "On specially protected natural territories" dated July 7, 2006).
The destruction or damage of natural complexes and objects taken under state protection is understood as the complete loss of their original natural appearance or the violation of the appropriate ecological balance.
Historical and cultural monuments of special historical, scientific, artistic or cultural value, being a specific object of criminal encroachment, are characterized by an increased degree of public danger, leading to the actual loss of cultural values, or the loss of their unique properties, resulting in irreparable damage to cultural heritage. The socially dangerous acts under consideration lead to the desecration of spiritual ideals and positive moral foundations of society that have developed over several generations.
The destruction or damage of historical and cultural monuments occurs when an object of material culture has been rendered completely unusable or has been so modified as a result of the removal of any parts or fragments, which significantly reduces its artistic and cultural value. The commission of offensive inscriptions on historical and cultural monuments and the like entails responsibility for vandalism, provided for in Article 258 of the Criminal Code of the Republic of Kazakhstan.
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 adoption: NO Body that adopted the act: 180000000000 Region of operation: 100000000000 Registration number of the NPA assigned by the normative body: 167 Status of the act: new Scope of legal relations: 028000000000 Form of the act: COMM Legal force: 1900 Language of the act: rus
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