Comment to Article 267. Violation of sanitary and epidemiological rules of the Criminal Code of the Republic of Kazakhstan of the Criminal Code of the Republic of Kazakhstan
1. Violation of sanitary and epidemiological rules that inadvertently caused mass illness or poisoning of people, —
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 two to five months, or by deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years, or by restriction of liberty for a term of up to two years, or by deprivation of liberty for the same term.
2. The same act that caused the death of a person by negligence, —
is punishable by restriction of liberty for a term of up to five years or imprisonment for the same term.
The crime in question involves a violation of the sanitary and epidemiological well-being of the population, which, according to the Law of the Republic of Kazakhstan "On Sanitary and Epidemiological Well-being of the population" dated June 8, 1994, refers to a state of public health and human habitat in which there is no dangerous and harmful influence of its factors on the human body and there are favorable conditions for its vital activity.. K090000193_
The object of the crime is the health of the population.
From the objective side, the crime consists of both actions and inaction, expressed in violation of sanitary and epidemiological rules, which led to mass illness or poisoning of people (material composition). In reality, this can manifest itself in the poor quality of catering enterprises (the use of dirty dishes, poor processing of offal), the lack of adequate quality of drinking water, the failure to carry out necessary quarantine measures (mandatory hospitalization of infectious patients), the use of new types of raw materials without coordination with the sanitary and epidemiological service, and so on.
Such a disease of people is widespread, as a result of which a significant number of them were affected. The crime is considered over from the moment of mass illness or poisoning of people.
The subject of a crime is a person who is obliged to comply with the rules established to combat the spread of mass diseases or poisoning of people (employees of public catering enterprises, sanitary facilities, medical institutions, and others).
The subjective side of the crime is characterized by a careless form of guilt. If the perpetrator commits acts intentionally to cause the consequences specified in the law, responsibility arises under the articles on crimes against the person, and if the purpose of undermining the security and defense capability of the Republic of Kazakhstan is proven, under the article on sabotage (art. 171 of the Criminal Code of the Republic of Kazakhstan).
A more dangerous type of this crime is a violation of the relevant rules, which negligently resulted in the death of a person (Part 2 of art. 267 of the Criminal Code of the Republic of Kazakhstan). For criminal prosecution on this basis, it does not matter whether one person has died or several.
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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