Comment to Article 253. Negligent possession of firearms of the Criminal Code of the Republic of Kazakhstan of the Criminal Code of the Republic of Kazakhstan

     Negligent possession of a firearm, which created conditions for its use by another person, if this entailed serious consequences., —      

is punishable by correctional labor for a term of up to two years, or by restriction of liberty for the same term, or by arrest for a term of up to six months.

     The public danger of the crime in question is determined by the fact that careless possession of firearms creates conditions for causing serious consequences by persons who do not have skills in handling weapons, who have shown curiosity and gained access to them.      

The object of the crime in question is public safety in the field of firearms handling. An additional object of this act is the life and health of people.      

The subject of the crime in the article in question is firearms. The concept of firearms is given in the commentary to Article 251 of the Criminal Code.      

The objective side of the crime being analyzed is expressed in: a) failure to take appropriate measures to store firearms, i.e. inaction of the owner of the weapon, which poses a threat to its use by third parties; b) use of this weapon by third parties; c) causing serious consequences as a result of handling it, in the absence of signs of intentional use; d) the causal relationship between the negligent storage of weapons and their use by third parties, which entailed grave consequences for him or others.      

Negligent possession by a person of firearms illegally in his possession is covered by the signs of Part 1 of Article 251 of the Criminal Code. And in cases of its use by third parties, with the infliction of serious consequences, it forms a set of crimes provided for in part 1 of art.251, art. 253 of the Criminal Code.      

The crime is considered to be over from the moment of the onset of serious consequences. The occurrence of serious consequences in case of negligent storage of firearms is understood as causing death to a person of serious or moderate harm to health.      

The subjective side of the crime under consideration is characterized by a careless form of guilt. Basically, when committing this type of crime, negligence is expressed by criminal negligence: the person did not foresee the possibility of serious consequences of negligent storage of firearms, although with due care and foresight he should have and could have foreseen these consequences.      

The subject of this crime is a sane individual who has reached the age of 16 and legally owns firearms.      

Persons guarding weapons by virtue of their official powers who improperly perform their duties, in case of serious consequences, must be held accountable under Article 254 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 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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