Comment to Article 276. Cruelty to animals of the Criminal Code of the Republic of Kazakhstan of the Criminal Code of the Republic of Kazakhstan
1. Cruel treatment of animals, resulting in their death or injury, if this act is committed for hooligan motives, or using sadistic methods, or in the presence of minors, —
is punishable by a fine in the amount of one hundred to two hundred monthly calculation indices or in the amount of the convicted person's salary or other income for a period of one to two months, or correctional labor for up to one year, or arrest for up to six months.
2. The same act committed by a group of persons, or by a group of persons by prior agreement, or by an organized group, or repeatedly, —
is 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 a term of up to two years, or restriction of liberty for a term of up to two years, or arrest for a term of three to six months.
The object of the analyzed crime is public morality.
The subject is animals, both wild and domestic, as well as animals in captivity (in a circus, zoo).
On the objective side, the crime is characterized by the cruel treatment of animals, resulting in their death or injury, committed out of hooligan motives, using sadistic methods or in the presence of minors.
Cruel treatment should be understood as the beating of animals, painful methods of killing, use for experiments (with the exception of scientific ones), the use of animals for competitions during which they die or injure each other, and so on.
The criminal consequences are the death of an animal or injury to it.
Mutilation refers to any damage to the body of an animal associated with a violation of anatomical integrity (cutting off the tail, limbs, loss of eyes, and so on).
In order to determine the composition of the crime, it is important to establish that the death or injury of the animal occurred precisely as a result of its ill-treatment.
Criminal liability arises for the commission of this crime for hooligan motives, expressed in gross violation of public order and obvious disrespect for society; using sadistic methods that involve inflicting particularly painful, prolonged pain on an animal (skinning a live animal, burning it alive, cutting off limbs or other body parts, etc.); At the same time, the offender shows pathological cruelty and enjoys the sight of the animal suffering in the presence of minors, that is, persons under the age of 14. At the same time, it must be established that the juvenile was not just present and observed the process, but was aware of the fact of animal abuse. Committing such acts in the presence of infants does not constitute a crime.
The subject of the crime is a sane individual who has reached the age of 16.
On the subjective side, the crime is characterized by an intentional form of guilt in the form of direct intent.
Part 2 of Article 276 of the Criminal Code of the Republic of Kazakhstan provides for responsibility for the commission of a crime by a group of persons, a group of persons by prior agreement, an organized group (see parts 1-3 of Articles 31 of the Criminal Code), as well as repeatedly (see Article 11 of the Criminal Code). These signs are considered in detail in the analysis of previous crimes.
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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