Comment to Article 324. Theft or damage of documents, stamps, seals of the Criminal Code of the Republic of Kazakhstan of the Criminal Code of the Republic of Kazakhstan

     1. Theft of a citizen's passport, identity card or other important personal document —      

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 three months.      

2. Theft, destruction, damage or concealment of official documents, stamps or seals, committed out of selfish or other personal interest, —      

are 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 correctional labor for up to two years, or arrest for up to four months, or imprisonment for up to one year.

     This article provides for two separate elements of a crime that are similar in subject matter and mode of action. Part 1 of the article deals with criminal liability for "stealing a passport, identity card or other important personal document from citizens." Part 2 contains another corpus delicti – "theft, destruction, damage or concealment of official documents, stamps or seals, committed out of selfish or other personal interest."   

  The public danger of the crime lies in the fact that the theft of citizens' personal documents makes it difficult for them to exercise their legitimate rights and interests, as well as creates conditions for encroachments of a property nature, etc. The object of the crime being analyzed is the order of management, handling of documents, stamps, seals.    

 The subject of a crime under Part 1 of Article 324 of the Criminal Code of the Republic of Kazakhstan is a passport, identity card or other important personal document.    

 A passport or identity card is an official document issued upon reaching the age of 16 by a government agency at the place of residence. An official identification card is issued to employees of the Ministry of Internal Affairs, the Financial Police Agency, the National Security Committee, and so on. A passport and an identity card contain photographs and basic information about a person's identity. A passport and a certificate can be domestic, foreign, diplomatic, or official.    

 Other important documents may include a diploma of education, a driver's license, a military ID, a work record, a birth certificate, a pension certificate, and the like.   

  The objective side of the crime provided for in Part 1 of Article 324 of the Criminal Code of the Republic of Kazakhstan is expressed only in the theft of a passport, identity card or other important personal document from citizens.  

   The crime in question must be considered completed from the moment of the abduction.    

 Theft is the unlawful seizure of documents (passports, ID cards, or other important identity documents) from the rightful owner and the use of these items for their own benefit or for the benefit of others.  

   If the theft of these items was accompanied by violence, then the act should be qualified under Part 1 of Article 324 of the Criminal Code and under articles providing for liability for crimes against the person.   

  On the subjective side, this crime involves only direct intent. At the same time, it must be established that the intent of the perpetrator was aimed specifically at stealing personal documents.   

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

 The subject of the crime provided for in Part 2 of Article 324 of the Criminal Code of the Republic of Kazakhstan are official documents, stamps, seals. The subject of this crime, unlike that provided for in Article 323 of the Criminal Code of the Republic of Kazakhstan, is any official documents, not just those that grant rights or release from duties (the concept of "official documents" is disclosed in the analysis of Article 323 of the Criminal Code of the Republic of Kazakhstan).   

  Stamps are a hand-printed form. As a rule, stamps are placed on papers that are not payment or monetary documents.    

The objective side of the crime provided for in Part 2 of Article 324 of the UKRK is expressed in the abduction, destruction, damage, concealment of these objects.   

   Destruction is an action that led to the physical elimination of a given object (burning) or made it impossible to use it (completely erasing the text).  

   Damage is partial physical damage to the material on which documents, seals, stamps are executed, or damage to the text that prevents or makes it extremely difficult to use them (the document is torn, the seal on the document is blurred, the signature is filled in, etc.).    

 Concealment is the concealment of objects without their seizure (abduction). In some cases, a seal, stamp, or document may be located where they belong, but are not presented to the relevant persons or authorities upon their request. In others, the object is moved, but without signs of theft (the director of the company himself hands the seal to another person and asks them to keep it).      The subjective side of the crime is characterized only by direct intent, as well as selfish or personal interest.      

Self-interest is expressed in the desire to obtain certain material benefits or to get rid of material costs. Another personal interest is the desire to receive benefits of an immaterial nature (attribution of authorship to a scientific or artistic work).    

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

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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