Comment to Article 188. Careless 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. Destruction or damage of other people's property, committed by negligence, causing major damage, —      

are punishable by a fine in the amount of up to two hundred monthly calculation indices or in the amount of the convicted person's salary or other income for a period of up to two months, or correctional labor for a term of up to one year, or restriction of liberty for a term of up to two years.      

2. The same acts committed by careless handling of fire or other sources of increased danger or entailing grave consequences, —      

are punishable by a fine in the amount of two hundred to five hundred monthly calculation indices or in the amount of the convicted person's salary or other income for a period of two to five months, or correctional labor for a term of one to two years, or restriction of liberty for a term of up to three years, or imprisonment for a term of up to two years.

     The social danger of the crime under analysis is expressed in the fact that as a result of its careless commission, someone else's property is destroyed or damaged, and major damage is caused to the victim.      The object of the analyzed act is property.      

The concept of the object is similar to the signs of the object of the crime, considered in the analysis of art.187 of the Criminal Code.      

On the objective side, the crime in question is expressed in the destruction or damage of someone else's property. The signs of the objective side of the crimes provided for in Articles 187 and 188 of the Criminal Code completely coincide.

They are considered in the analysis of the crime under art.187 of the Criminal Code.      

This crime is considered completed from the moment of causing major damage. Paragraph 2 of the note to art.175 of the Criminal Code states that major damage is the amount of damage that is five hundred times higher than the monthly calculation index established by the legislation of the Republic of Kazakhstan at the time of the crime.      

The subject of the crime in question is a sane individual who has reached the age of 16.      The subjective side is expressed by guilt in the form of negligence, both in the form of criminal arrogance and in the form of criminal negligence, the concept of which is enshrined in art.21 of the Criminal Code. A person who inadvertently destroys or damages someone else's property anticipates that as a result of the actions he has taken, consequences will occur in the form of major damage, but without sufficient reason frivolously expects to prevent them, or does not foresee them, although with due care and foresight he should have and could have foreseen them.      The legislator names the following qualifying features:     

a) destruction or damage to other people's property by careless handling of fire or other sources of increased danger;      

b) the commission of this crime, which entailed grave consequences.      

The first of the above-mentioned signs is related to the fact that the perpetrator violated the rules for handling fire or other sources of increased danger, which civil legislation includes vehicles, mechanisms, electrical, nuclear energy, explosives, explosive devices, potent poisons, bacteria, etc.      

The occurrence of serious consequences as a result of careless destruction or damage to someone else's property involves the infliction of various consequences. For example, they can include: leaving others without means of livelihood, causing serious or moderate harm to health. In the case of causing death, the actions of the perpetrator should be classified according to the totality of crimes: art.188 of the Criminal Code and art.101 of the Criminal Code "Causing death by negligence."

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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