Comment to article 332. Illegal use of emblems and signs of the Red Crescent and the Red Cross of the Criminal Code of the Republic of Kazakhstan of the Criminal Code of the Republic of Kazakhstan

     Illegal use of the emblems and distinctive signs of the Red Crescent and the Red Cross, as well as the name of the Red Crescent and the Red Cross —    

is punishable by a fine in the amount of one hundred to one thousand monthly calculation indices or in the amount of the convicted person's salary or other income for a period of one to ten months, or by community service for a period of one hundred eighty to two hundred forty hours, or by arrest for a period of three to six months.

     The Red Crescent and the Red Cross are voluntary aid societies for prisoners of war, sick and wounded soldiers, which provide assistance to victims of natural disasters in peacetime and carry out disease prevention activities in a number of countries. The basic principles of the society's activities were formulated at a Conference of representatives of 14 European Countries in Geneva on August 12, 1949 (the Geneva Convention for the Protection of War Victims). The Kazakh Red Crescent and Red Cross Society has been operating in Kazakhstan since 1992 on the basis of a resolution of the Cabinet of Ministers of the Republic of Kazakhstan.      

The object of the crime is the normal activities of the governing bodies.   

  The objective side of the crime is expressed in the illegal use of the emblems and distinctive signs of the Red Crescent and the Red Cross, as well as the name of the Red Crescent and the Red Cross.

    Illegality means any form of misuse of emblems and distinctive signs (flags, armbands, and so on). It is considered illegal to wear these signs by persons who are not members of the staff of sanitary institutions.   

  Illegal use of the name of the Red Cross and Red Crescent may be expressed in raising the flag or otherwise using the signs of the Red Cross or Red Crescent on objects that are not sanitary facilities (tents, vehicles, etc.).    

 The crime is considered to be over from the moment of illegal use by persons of the emblems and signs of the Red Crescent and the Red Cross.  

   The subjective side of the crime is characterized by direct intent. Motives and purpose do not matter for qualification, but they are taken into account by the court when imposing punishment.    

 The subject of a crime is any sane person 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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