Comment to Article 268. Concealment of information about circumstances that pose a danger to human life or health of the Criminal Code of the Republic of Kazakhstan

     1. Concealment or distortion of information about events, facts or phenomena that pose a danger to human life or health or to the environment, committed by a person who is obliged to provide the public with such information, —      

are punishable by a fine in the amount of five hundred to seven hundred monthly calculation indices or in the amount of the convicted person's salary or other income for a period of five to seven months, or by imprisonment for up to two years with or without deprivation of the right to hold certain positions or engage in certain activities for up to three years.    

 2. The same acts that negligently caused harm to human health or other grave consequences, —      

are punishable by a fine in the amount of seven hundred to one thousand monthly calculation indices or in the amount of the convicted person's salary or other income for a period of seven months to one year, or by restriction of liberty for up to four years, or by imprisonment for the same term with deprivation of the right to hold certain positions or engage in certain activities for up to three years. years old or not.

     The public danger of a crime lies in the fact that it violates the right of everyone to receive information, enshrined in the Constitution of the Republic of Kazakhstan. Article 18 of the Constitution of the Republic of Kazakhstan establishes the provision that state bodies, public associations, officials and the media are obliged to provide every citizen with the opportunity to familiarize himself with documents, decisions and sources of information affecting his rights and interests. Certain provisions of the issue under consideration are reflected in Articles 29, 31 of the Constitution of the Republic of Kazakhstan.

    The object of the crime is the health of the population.    

The objective side of the crime is expressed in the concealment or distortion of information about events, facts or phenomena that pose a danger to human life or health or the environment.    

 Concealment should be understood as withholding information from citizens.  

   Distortion means providing unreliable, falsified information about events, facts or phenomena that pose a danger to human life or health or the environment. Concealment or distortion of information may relate to events, facts, or phenomena that threaten human life, health, or the environment, such as natural disasters (earthquakes, floods, and the like), disasters, accidents, large fires, and so on.    

 A crime is considered completed from the moment of concealment or distortion of information.    

The subject of the crime is only persons who are obliged to provide the population with relevant information. This obligation may arise either from the law or from job descriptions. Thus, according to the Law of the Republic of Kazakhstan "On Environmental Protection", such an obligation lies with civil servants of specially authorized state bodies of the Republic of Kazakhstan for environmental protection.    

 The subjective side of the crime is characterized by direct intent. A person is aware that he is hiding or distorting information about events, facts or phenomena that pose a danger to human life or health or to the environment, and wishes to do so.    

The qualified elements of this crime under Part 2 of Article 268 of the Criminal Code of the Republic of Kazakhstan are the same acts that negligently caused harm to human health or other serious consequences. Harm to human health in this case may be committed as a result of criminal arrogance or criminal negligence. Other serious consequences may be, for example, serious harm to health, prolonged illness.

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

 Constitution Law Code Standard Decree Order Decision Resolution Lawyer Almaty Lawyer Legal service Legal advice Civil Criminal Administrative cases Disputes Defense Arbitration Law Company Kazakhstan Law Firm Court Cases