Comment to Article 274. Illegal distribution of works promoting the cult of cruelty and violence of the Criminal Code of the Republic of Kazakhstan of the Criminal Code of the Republic of Kazakhstan

     Illegal production for the purpose of distribution or advertising, distribution, advertising, demonstration of film and video materials and other works promoting the cult of cruelty and violence, as well as illegal trade in printed publications, film or video materials promoting the cult of cruelty and violence, —    

are punishable by a fine in the amount of five hundred to eight hundred monthly calculation indices or in the amount of the convicted person's salary or other income for a period of five to eight months, or correctional labor for up to one year, or imprisonment for up to two years with confiscation of works promoting the cult of cruelty and violence, as well as the means of their manufacture or playback.

     The object of the crime in question is public morality.    

 The subject of the crime is works promoting the cult of cruelty and violence, bearing a cynical, disdainful nature towards the norms of morality (printed publications, film and video materials, images, and others). The images are paintings, drawings, photographs and sculptures promoting the cult of cruelty and violence. Other works may include audio recordings, records, CDs, and so on.   

  The issue of recognizing works promoting the cult of cruelty and violence is quite complex, therefore it is necessary to carry out an art criticism examination.    

 The objective side is expressed in the following actions: illegal manufacture for the purpose of distribution or advertising; illegal distribution; illegal advertising; illegal demonstration; illegal trade.    

 Fabrication is the creation of works in any way: writing a book, article, script, photographing and developing photographic materials, shooting a movie or video, modeling, and the like.   

  Manufacturing should also be understood as the replication of a finished work (printing photographs and copies of films and videotapes). The concept of "manufacturing" presupposes both the creation process itself and its result. Responsibility for the production forms part of the crime in question only if the perpetrator has the goal of distributing or advertising works promoting the cult of cruelty and violence. The production of written, printed materials, photographs, drawings, films or videos for personal consumption or their use in a narrow circle of persons does not entail criminal liability under art. 274 of the Criminal Code of the Republic of Kazakhstan.   

  Distribution is the transfer of works promoting the cult of cruelty and violence to other persons in order to familiarize them. Distribution may be for a fee (sale of videotapes or audio recordings, photographs, or rental of videotapes, organization of video salons to showcase films promoting the cult of violence and brutality) and gratuitous (giving a cottage for reading or viewing). Dissemination should entail criminal liability only if these materials are passed on to many strangers, most often to an indefinite number of people. The demonstration or transfer of works promoting the cult of cruelty and violence for familiarization to family members or a close circle of their acquaintances is not considered distribution.  

   Advertising consists in exposing such works to the public or communicating information about them to an indefinite circle of people in any way (distribution of letters, flyers, through the media).     

Both their manufacturers and other persons can advertise and distribute works promoting the cult of cruelty and violence.   

  The demonstration consists of showing films and videos, listening to records, audio cassettes and CDs, viewing printed materials, photographs and drawings, reading magazine or newspaper articles.   

  Trade involves the sale of works promoting the cult of cruelty and violence, or an offer for sale (the so-called public offer). Trade always involves the conclusion of a purchase and sale agreement, that is, it is of a retaliatory nature. Trafficking is considered a completed crime regardless of whether a person has managed to sell at least one work.  

   The crime is considered completed at the time of the commission of the actions specified in the law.   

  The general subject of the crime is a sane individual who has reached the age of 16.   

  The subjective side is characterized by direct intent: the perpetrator is aware that he manufactures, distributes, advertises, demonstrates and sells works promoting the cult of cruelty and violence, and desires this. In manufacturing, an obligatory feature of the subjective side of the crime is the goal — to distribute or advertise works promoting the cult of cruelty and violence.

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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