Comment to Article 257. Hooliganism of the Criminal Code of the Republic of Kazakhstan of the Criminal Code of the Republic of Kazakhstan

Hooliganism, that is, a particularly audacious violation of public order, expressing obvious disrespect for society, accompanied by the use of violence against citizens or the threat of its use, as well as the destruction or damage of other people's property, or the commission of obscene acts characterized by exceptional cynicism., -

is 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 up to four months, or by community service for a period of one hundred and twenty to one hundred and eighty hours, or by correctional labor for a period of six months to one year, or by restriction of liberty for a period of up to three years, or by arrest for a term of three to six months, or by imprisonment for a term of up to two years.      

2. The same act if it:    

a) committed by a group of persons, a group of persons by prior agreement, or an organized group;      

b) it is connected with resistance to a representative of the government or another person who performs duties for the protection of public order or suppresses the violation of public order;      

c) committed by a person previously convicted of hooliganism, -      

is punishable by community service for a term of one hundred eighty to two hundred forty hours, or correctional labor for a term of one to two years, or restriction of liberty for a term of up to five years or imprisonment for the same term.      

3. Hooliganism committed with the use or attempt to use firearms, gas weapons, knives, brass knuckles and other cold weapons or other objects specially adapted to cause harm to health, -      

is punishable by imprisonment for a term of three to seven years.

     Hooliganism is one of the common crimes that often escalate into other, more dangerous acts.      The public danger of this crime is that hooligan acts cause significant harm to public order, which are aimed at maintaining public peace and mutual respect in society, and cause physical harm to individuals and property.      

The object of hooliganism is public order, i.e. the system of relationships between people that has developed in society, rules of behavior and living together, defined by regulations, customs, traditions and moral norms.      An additional object of hooliganism is people's health, as well as property.      

The objective side of hooliganism is a particularly audacious violation of public order, expressing clear disrespect for society, accompanied by the use of violence against citizens or the threat of its use, as well as the destruction or damage of other people's property, or the commission of obscene acts characterized by exceptional cynicism.      

According to the explanation of the Resolution of the Plenum of the Supreme Court of the Republic of Kazakhstan "On judicial practice in cases of hooliganism" dated 07/21/95 (as amended and add.) a particularly audacious violation of public order when committing hooliganism is understood as such a criminal violation of public order expressing obvious disrespect for society, which was accompanied, for example, by mockery of a person, prolonged and persistent violation of public order, destruction and damage to property, disruption of mass events, temporary cessation of normal activities of enterprises, institutions or public transport. and other actions. P09000003s_      

Obvious disrespect for society is understood as the evidence of disrespect shown by a criminal, the highest degree of audacity and cynicism when committing hooliganism.      

Violence specified in Part 1 of Article 257 of the Criminal Code of the Republic of Kazakhstan is understood as physical violence, which includes beatings and intentional infliction of minor harm to health, resulting in short-term disorder or minor permanent loss of general ability to work. It should be borne in mind that a short-term health disorder directly related to damage lasting more than 6 days, but not more than 3 weeks, should be considered short-term. If moderate or serious harm has been caused to health during the commission of hooliganism, then such actions require additional qualifications – for committing hooliganism and causing corresponding harm to health. The severity of harm to health is determined by the "Rules for the organization and conduct of forensic medical examination", approved by Order No. 875/1 of the Minister of Health of the Republic of Kazakhstan dated 12/20/2004.      

Insults, beatings, injury to health and other acts based on personal hostility, improper actions of victims and committed at home or at work against family members, relatives, acquaintances or colleagues, do not constitute criminally punishable hooliganism, but are qualified as crimes against the person. However, these actions should be classified as hooliganism if there is a direct intent to violate public order. Basically, hooligan acts are committed in public places towards random and unfamiliar people.      

The threat of hooliganism is understood as the use of mental violence, which can be expressed in intimidation by murder, causing any harm to health and other similar actions. At the same time, additional qualifications under Article 112 of the Criminal Code of the Republic of Kazakhstan ("Threat") are not required for such actions.      

The destruction of someone else's property is understood as bringing the property into complete disrepair, excluding its use for its intended purpose. As a result, the property ceases to exist or completely loses its value.      

Damage to other people's property during hooliganism is understood as a deterioration in the value, properties, and quality of objects. Although the property continues to exist, the damage caused makes it difficult to use it for its intended purpose.      

Alien means property that does not belong to the ownership of the perpetrator. The destruction or damage of other people's property during hooliganism does not require additional qualifications under art.187 of the Criminal Code of the Republic of Kazakhstan ("Intentional destruction or damage of other people's property").      

If the intentional destruction or damage of other people's property for hooligan motives is committed by arson, explosion or other generally dangerous method, the act should be qualified in accordance with the totality of paragraphs "a" of Part 2 of Articles 187 and 257 of the Criminal Code.      

By committing obscene acts characterized by exceptional cynicism, one should understand such actions that are accompanied by demonstrative disregard for generally accepted norms of morality and morality, for example, shamelessness, bullying the sick, elderly, helpless, and the like.      

Hooliganism is considered a completed crime from the moment of performing the actions specified in the disposition of art.257 of the Criminal Code of the Republic of Kazakhstan.      

The subjective side of hooliganism is characterized by an intentional form of guilt in the form of direct intent. The culprit is aware that he is particularly audaciously violating public order, expresses obvious disrespect for society and desires this.      

The motive and purpose of hooliganism are not mandatory signs of the subjective side of this crime, but can be taken into account when assigning punishment to the perpetrator. Basically, hooliganism is committed for a minor reason or for no reason.      

The subject of hooliganism provided for in Part 1 of Article 257 of the Criminal Code is a sane individual who has reached the age of 16, parts 2, 3 of Article 257 of the Criminal Code is a person who has reached the age of 14.      

Part 2 of Article 257 of the Criminal Code of the Republic of Kazakhstan provides for qualifying signs of hooliganism: a) the commission of hooliganism by a group of persons, a group of persons by prior agreement, or an organized group; b) hooliganism involving resistance to a representative of the government or another person performing duties to protect public order or prevent a violation of public order; c) the commission of hooliganism by a person previously convicted of a similar crime.     

Hooliganism is recognized as committed by a group of persons if two or more perpetrators participated in its commission without prior agreement.      

Hooliganism is recognized as committed by a group of persons by prior agreement if it involved persons who had previously agreed to jointly commit a crime or other crimes.     

Hooliganism is recognized as committed by an organized group if it is committed by a stable group of people who have previously united to commit hooliganism.      

Resistance to a representative of the government or other persons who perform duties to protect public order or prevent violations of public order is understood not only as disobedience to these persons, but also as active resistance to them with the use of physical force.      

Resisting government officials with violence that is not dangerous to life and health in the process of committing hooliganism is fully covered by Part 2 of Article 257 of the Criminal Code and does not require additional qualifications in conjunction with Article 321 of the Criminal Code.     

Resisting government officials with the use of violence dangerous to life or health in the process of committing hooliganism should be qualified in accordance with the totality of Part 2 of art. 321 and paragraph "b" of Part 2 of art. 257 of the Criminal Code.      

Resisting persons who stop hooliganism, but who are not representatives of the authorities, with the use of violence dangerous to life or health should be qualified in accordance with Articles 257 and 103 of the Criminal Code.     

The resistance shown by the perpetrator after committing hooliganism, in connection with his subsequent detention, is not a qualifying circumstance of hooliganism. In these cases, the actions of the perpetrator should be qualified in accordance with Articles 257 and 321 of the Criminal Code. Hooliganism based on a previous criminal record for this crime is recognized, provided that this criminal record has not been removed or expunged in accordance with the procedure established by law.    

 257 of the Criminal Code of the Republic of Kazakhstan provides for criminal liability for hooliganism committed with the use or attempt to use firearms, gas weapons, knives, brass knuckles and other cold weapons or other objects specially adapted to harm health.    

 The subject of hooliganism under Part 3 of Article 257 of the Criminal Code of the Republic of Kazakhstan is firearms, cold steel or gas weapons, the concept of which is defined in the Law of the Republic of Kazakhstan "On State Control over the turnover of certain types of weapons" dated 12/30/18 (as amended and supplemented).   

  The subject of this crime also includes knives, brass knuckles and other objects specially adapted to harm health.    

 Objects that were adapted by the perpetrator for the specified purposes in advance or during the commission of hooligan acts, as well as objects that, although not subjected to any processing, were specially prepared by the perpetrator and were with him for the same purpose, should be recognized as specially adapted for harm to health. Resolution of the Plenum of the Supreme Court of the Republic of Kazakhstan "On judicial practice in cases of hooliganism" dated 07/21/1995 the use or attempt to use objects picked up at the crime scene that were specially adapted to harm health, including household items, cannot be considered as a basis for qualifying actions of Part 3 of Article 257 of the Criminal Code of the Republic of Kazakhstan. Hooliganism with the use or attempt to use these objects is recognized not only in cases where the perpetrator uses them to cause or attempt to harm health, but also when the use of these objects in the process of hooliganism poses a real threat to the life or health of citizens. P09000003s_      

The mere fact that a person who committed hooliganism has a weapon is not grounds for criminal prosecution under Part 3 of Article 257 of the Criminal Code. In these cases, the actions of the perpetrator should be qualified  

257 and 251 of the Criminal Code, if the perpetrator did not have the right to carry weapons.

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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