Comment to article 200. Illegal receipt and disclosure of information constituting a commercial or banking secret of the Criminal Code of the Republic of Kazakhstan of the Criminal Code of the Republic of Kazakhstan
1. Collecting information constituting a commercial or banking secret by stealing documents, bribing or threatening persons in possession of commercial or banking secrets or their relatives, intercepting communications, illegally entering a computer system or network, using special technical means, as well as by other illegal means for the purpose of disclosure or illegal using this information —
is punishable by a fine in the amount of one hundred 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 up to two years, or arrest for up to six months, or imprisonment for up to one year.
2. Illegal disclosure or use of information constituting a commercial or banking secret, without the consent of its owner, by a person to whom it was entrusted through service or work, committed out of selfish or other personal interest and causing major damage, —
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 by arrest for a term of four to six months, or by correctional labor for a term of one to two years, or by imprisonment for a term of up to three years with a fine in the amount of up 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 without it.
The transition to market relations and the development of competition require careful protection of economic, commercial, and technological information. Information is a real wealth when it is reliable and confidential. Information protection is an essential and inalienable right of the state, organization, and individual. In the new economic conditions, it has become necessary to maintain confidentiality in banking relations when concluding a banking service agreement, a loan agreement, a pledge agreement, an agreement to open an account and conduct banking operations on it, and money transfer transactions.
The public danger of illegally obtaining and disclosing information constituting a commercial or banking secret is expressed in the fact that as a result of its commission, significant damage is caused to the banking system and the economy of our state.
The object of the crime in question is public relations that ensure the protection of commercial or banking secrets.
The subject of the crime is a commercial or banking secret. A trade secret is information that has real value because it is unknown to third parties, is characterized by the lack of free access to it on a legitimate basis, and the owner of the information takes measures to protect it and confidentiality (art. 126 of the Civil Code of the Republic of Kazakhstan).
Banking secrecy, in accordance with Article 50 of the Law of the Republic of Kazakhstan "On Banks and Banking Activities" dated August 31, 1995 (as amended and supplemented), includes non-disclosable information about a bank account, account transactions and information about customers. It includes information about the availability, owners, and numbers of deposit accounts, clients, and correspondents of the bank, the balances and movements of money in these accounts or the accounts of the bank itself, the bank's operations, as well as information about the availability, owners, nature, and value of customer property stored in safe deposit boxes, cabinets, and premises. the bank.
Information about loans issued by a bank that are in the process of liquidation is not considered a bank secret. Banks guarantee banking secrecy. Officials, bank employees and other persons who, by virtue of exercising their official duties, have gained access to information constituting a banking secret, are responsible for their disclosure under art.200 of the Criminal Code of the Republic of Kazakhstan.
The objective side of the crime under Part 1 of Article 200 of the Criminal Code of the Republic of Kazakhstan consists in collecting information constituting a commercial or banking secret by stealing documents, bribing or threatening persons in possession of commercial or banking secrets or their relatives, intercepting communications, illegally entering a computer system or network, using special tools. technical means, as well as in any other illegal way for the purpose of disclosure or illegal use of this information.
Theft involves the illegal seizure of documents that constitute a commercial or banking secret from their rightful owner. Abduction can be secret or open, with the use of violence or deception against persons who possess such a secret.
Bribery involves inducing persons who possess commercial or banking secrets to disclose or transfer them by offering or giving them money, other material assets, or providing services of a proprietary nature.
A threat means the use of mental or physical violence, expressed in the threat of beatings, injury to health, murder, destruction of property, dissemination of defamatory information, both against persons who own commercial or banking secrets, and against their loved ones.
Collecting information constituting a commercial or banking secret is an act expressed in the process of searching, discovering, fixing, accumulating, storing such information and information that is committed in an illegal manner. The crime is considered completed from the moment the collection of information constituting a commercial or banking secret begins, regardless of the occurrence of harmful consequences.
The subject of the crime under Part 1 of Article 200 of the Criminal Code of the Republic of Kazakhstan is an individual, a sane person who has reached the age of 16.
On the subjective side, the analyzed crime is committed with direct intent. The perpetrator is aware that he is collecting information constituting a commercial or banking secret by stealing documents, bribing or threatening, intercepting communications, illegally entering a computer system or network, using special means, as well as in other illegal ways, and wishes to commit these actions.
The objective side of the crime provided for in Part 2 of Article 200 of the Criminal Code of the Republic of Kazakhstan is the illegal disclosure or use of information constituting a commercial or banking secret without the consent of its owner by a person to whom it was entrusted in service or work, committed out of selfish or other personal interest and causing major damage.
Disclosure is the implementation by the perpetrator of such actions, as a result of which information constituting a commercial or banking secret becomes available to unauthorized persons (for example, displaying documents, public speaking, correspondence, etc.) actions that previously had no access to this information.
An outsider, within the meaning of this article, is a person who, by the nature of his work or official duties, does not have free access to such information.
The use of this information implies the commission of such actions that, in the process of unfair competition, can cause serious damage to its owner.
Criminal liability for the disclosure or use of this information without the consent of its rightful owner occurs in the event of major damage. The concept of major damage is given by the legislator in a note to art. 189 of the Criminal Code. The composition is material, and therefore the crime provided for in part 2 of Article 200 of the Criminal Code is considered completed from the moment the damage specified in its disposition is inflicted.
The subject of the crime under Part 2 of Article 200 of the Criminal Code of the Republic of Kazakhstan is a special one. They may be bank employees who, by the nature of their work or official duties, have become aware of information constituting a commercial or banking secret.
The subjective side of the analyzed crime is expressed by an intentional form of guilt. The person is aware that he is unlawfully disclosing or using commercial or banking secrets, and wishes to commit these acts. The motive of the crime is self—interest or other personal interest (this may include envy, revenge, or the desire to get rid of competitors in the market).
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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