Comment to article 3. The basis of criminal liability of the Criminal Code of the Republic of Kazakhstan of the Criminal Code of the Republic of Kazakhstan
The only basis for criminal liability is the commission of a crime, that is, an act containing all the elements of a crime provided for in this Code. No one can be criminalized repeatedly for the same crime. The question of what is the basis of criminal liability is one of the most important, fundamental provisions of criminal law. The commented article clearly establishes that only the commission of a crime by a person, that is, an act containing all the elements of a crime provided for in this Code, is the only basis for criminal liability. Any other grounds (for example, the "guilt" of a person, his "social danger") They are excluded under Kazakh criminal law. Criminal liability should be understood as measures of a coercive nature, which are provided for by criminal law as a reaction of the State to the commission of a crime by a person. The composition of a crime is understood as a set of objective and subjective features described in the criminal law norm, necessary and sufficient to recognize (qualify) the committed act as a crime. The composition of a crime forms the signs characterizing its object, objective side, subject and subjective side. The object of the crime is those goods (interests) or social relations, which are encroached upon by the perpetrator and to which he causes harm or threatens to cause harm. They are generally listed in art. 2, and are also indicated in the titles of the chapters of the Special Part of the Criminal Code. An object should not be confused with its subject. The object is not always available, and not in all cases it is harmed. For example, there is no subject in a crime against the person. The objective side of a crime is the external signs provided for by criminal law that characterize a criminal act (socially dangerous action or omission), the criminal result, the causal relationship between them (action or omission and the resulting consequence), the place, time, situation, method, tools and means of committing a crime. Socially dangerous, strong-willed and active human behavior should be considered an action. Inaction is socially dangerous, strong-willed and passive behavior, consisting in the failure of a person to perform those actions that he should have and could have done by virtue of his duties. By consequences is the infliction of certain harm specified in the criminal law to the object of criminal law protection as a result of a committed crime (action or omission). A causal relationship is the relationship between a socially dangerous act (action or omission) and the resulting consequence. The place of commission of a crime is a certain territory in which it was committed. For example, in accordance with Article 209 of the Criminal Code, criminal liability for economic smuggling occurs if large-scale movement of goods or other items is carried out across the customs border of the Republic of Kazakhstan; criminal liability under paragraph "d" of Part 1 of Article 288 of the Criminal Code for illegal hunting occurs if it is carried out in specially protected natural territories and in territories with an emergency the environmental situation. The time of commission of a crime as a sign of the composition of a crime is understood as a certain time period during which a crime can be committed. For example, in accordance with art. 146 of the Criminal Code, obstruction of the free exercise by a citizen of his electoral rights or the right to participate in a referendum, as well as illegal interference in the work of election commissions or referendum commissions and obstruction of voting, performance of duties related to registration of candidates, party lists, vote counting and determination of voting results presupposes the commission of this crime at a certain time - elections to the Parliament of the Republic of Kazakhstan, maslikhats or referendums. The crime scene is the social environment in which the crime occurs. For example, according to Article 165 of the Criminal Code, one of the forms of high treason is the transfer of a citizen of the Republic of Kazakhstan to the enemy's side during a war or armed conflict, i.e. the situation of war or armed conflict turns into a necessary sign of the objective side of this type of high treason. The method of committing a crime refers to those techniques and methods that the perpetrator used to commit the crime. Thus, if an insult to the President or a member of Parliament is carried out in the media, the criminal law, in accordance with Part 2 of Articles 318, 319 of the Criminal Code, provides for increased responsibility for such an insult. The instruments and means of committing a crime are those objects and devices with which the crime was committed (for example, the use of weapons or objects used as weapons in robbery increases the public danger of this act - paragraph "d" of Part 2 of Article 179 of the Criminal Code). The motive of the crime is the motive for the crime (greed, revenge, jealousy, etc.). The purpose of the crime refers to the result that the perpetrator seeks by committing the crime. The recognition of the commission of a crime as the only basis for criminal liability, that is, an act containing all the elements of a crime, also follows from the criminal procedure legislation, according to which the absence of elements of a crime in an act is one of the circumstances precluding the proceedings, and therefore a criminal case cannot be initiated, and the initiated one is subject to termination (paragraph 2 of Part 1 of Article 37 of the Criminal Procedure Code of the Republic of Kazakhstan).
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.S.
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
© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan
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