Comment to Article 322. Disclosure of information on security measures applied to an official holding a responsible public position of the Criminal Code of the Republic of Kazakhstan of the Criminal Code of the Republic of Kazakhstan
1. Disclosure of information about security measures applied to an official holding a responsible public position, as well as his relatives, by a person to whom this information was entrusted or became known in connection with his official activities, —
is punishable by a fine in the amount of two hundred to four hundred monthly calculation indices or in the amount of the convicted person's salary or other income for a period of two to four months or by arrest for up to four months.
2. The same act, which entailed grave consequences, —
is punishable by imprisonment for a term of up to five years.
The object of the crime in question is the normal activities of the governing bodies.
The objective side of the crime is the disclosure of information about security measures applied to officials holding responsible public positions, as well as their relatives, by a person to whom this information was entrusted or became known in connection with his official activities.
Disclosure refers to the communication of information about security measures in any way by an unauthorized person (or at least one of them) who is interested in obtaining such information or can transfer it to interested parties. Outsiders are considered to be persons who have not been entrusted with information about security measures for work or service.
The crime is considered completed at the time of dissemination of information that has become known to at least one outsider. Further use of this information, causing damage to the person or property of officials are beyond the scope of the main structure of the act in question.
The victims of the analyzed crime may be officials holding a responsible public position (see the note to art. 307 of the Criminal Code of the Republic of Kazakhstan).
The concept of "close" is given in paragraph 24 of Article 7 of the Criminal Procedure Code of the Republic of Kazakhstan.
The subjective side of this crime is expressed in direct intent. The perpetrator is aware that he is disclosing information about the security measures applied to an official holding a responsible public position, as well as his relatives, and wishes to disclose them.
The subject of this crime is special, it can only be a person to whom information about security measures has been entrusted or has become known in connection with his official activities.
The grave consequences provided for in Part 2 of Article 322 of the Criminal Code of the Republic of Kazakhstan should include the murder of an official holding a responsible public position, in respect of whom protective measures were taken, or attempted murder, causing him serious harm, destruction or damage to the property of the latter, murder or causing serious harm to security personnel, significant material costs for changing security measures.
Disclosure of relevant information when realizing the inevitability of the victim's murder should, in my opinion, qualify as complicity in murder – under Articles 28 and paragraph "b" of Part 2 of Article 96 of the Criminal Code.
According to the object of the encroachment and the circle of victims, the crime in question differs from the composition provided for in Article 356 of the Criminal Code. The object in the latter case is the normal activities of the judicial authorities.
Another difference between these crimes is the category of persons who are subject to state protection: Article 356 deals with the disclosure of information applied to judges, bailiffs, bailiffs, victims, witnesses, other participants in criminal proceedings, as well as their relatives. Article 322 of the Criminal Code provides for the protection of an official holding a responsible public position. The other objective and subjective features of these compounds are almost identical.
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 adoption: NO Body that adopted the act: 180000000000 Region of operation: 100000000000 Registration number of the NPA assigned by the normative body: 167 Status of the act: new Scope of legal relations: 028000000000 Form of the act: COMM Legal force: 1900 Language of the act: rus
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