Comment to article 321. The use of violence against a representative of the government of the Criminal Code of the Republic of Kazakhstan of the Criminal Code of the Republic of Kazakhstan
1. The use of violence that is not dangerous to life or health, or the threat of violence against a government official or his relatives in connection with the performance of his official duties —
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 arrest for a term of up to six months, or by imprisonment for a term of up to five years.
2. The use of violence dangerous to life or health against the persons specified in the first part of this Article — is punishable by imprisonment for a term of five to ten years.
The object of the crime in question is the normal activities of the governing bodies. An additional object is the health and personal integrity of government officials and their loved ones.
The objective side of the crime is characterized by the use of violence that is not dangerous to life or health, or the threat of violence.
Violence that is not dangerous to life and health should be understood as beatings or other violent acts that have caused physical pain. This form of violence should not cause short-term health problems or minor permanent disability or other more serious consequences. Physical violence should also be understood as restriction of freedom: tying up, locking up a government official or his relatives.
The threat of violence is understood as statements or other actions of the perpetrator expressing real intentions to use violence against a government official or his relatives. The perpetrator may threaten to kill or cause any harm to health, serious harm to the victim's health (Article 112 of the Criminal Code). For the qualification of the deed, it does not matter whether the perpetrator intended to implement the threat or not. Any type of threat of violence against a government official or his relatives is covered by Part 1 of Article 321 of the Criminal Code and does not require additional qualification under Article 112 of the Criminal Code.
The threat must be real, i.e. the victim must have fears of being subjected to immediate or imminent violence. According to the form of expression, the threat can be oral, written, as well as expressed through facial expressions, demonstrations of weapons and other dangerous objects. It does not matter whether the perpetrator intended to carry out the threats immediately or in the future, or had no intention of using violence at all.
It should be noted that the term "in connection with the performance of official duties" used in the disposition of Part 1 of Article 321 of the Criminal Code is broader than the term "in the performance of official duties", which is referred to in Article 320 of the Criminal Code. It covers both the use of violence against government officials during the performance of their official duties, and when they do not perform these duties. The gap in time between the performance of official duties by a government official and the use of physical or mental violence against him or his relatives does not affect qualifications in this case. If the violence was not related to the performance of a person's official duties, then it is qualified under the relevant articles on crimes against the person.
A crime is considered to be over from the moment of the use of physical and mental violence against a government official or his relatives in connection with the performance of his official duties.
The subjective side of the crime is characterized by guilt in the form of direct intent. The perpetrator is aware that he is using violence against a government official (in connection with the latter's performance of his official duties) or his relatives, and wants to do so. The motive of the crime does not matter for qualification.
The general subject of the crime is a sane individual who has reached the age of 16.
321 of the Criminal Code of the Republic of Kazakhstan provides for a qualifying feature of this crime – the use of violence dangerous to the life or health of the victims. Violence that has caused real harm to health of any severity should be considered dangerous to life and health: mild, moderate or severe (according to the Order of the Minister of Health of the Republic of Kazakhstan No. 875\1 "On approval of the Rules for the organization and conduct of forensic medical examination" dated 12/20/2004), as well as violence that has not caused harm to health, but according to the method of application, it put the victim's life and health in real danger. Harm is covered by Part 2 of Article 321 of the Criminal Code of the Republic of Kazakhstan and does not require additional qualifications under other articles of the Criminal Code providing for liability for crimes against the person. Additional qualifications are required in the case of premeditated murder.
The commented article should be distinguished from the corpus delicti provided for in Article 341 of the Criminal Code "Threat or violent acts in connection with the administration of justice or the conduct of a preliminary investigation." The difference is in the object: the object of the crime under Article 321 of the Criminal Code is the normal activity of government bodies, and the object of the crime (Article 341) is the normal activity of judicial authorities. The difference also lies in the circle of victims and in the nature of their activities. Within the framework of art . 341 of the Criminal Code refers not just to government officials, but to persons involved in the administration of justice or the conduct of a preliminary investigation (the list is given in the disposition of this article).
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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