Comment to article 365. Obstruction of the legitimate activities of lawyers and other persons to protect citizens and provide them with legal assistance of the Criminal Code of the Republic of Kazakhstan
Obstruction of the legitimate activities of lawyers and other persons to protect citizens in criminal proceedings, as well as the provision of legal assistance to citizens and organizations, or other violation of the independence and independence of such activities, if these acts have caused significant harm to the rights or legitimate interests of citizens or organizations or the legally protected interests of society or the state, —
are punishable by a fine in the amount of up to five hundred monthly calculation indices or in the amount of the convicted person's salary or other income for a period of up to five months or by restriction of liberty for a term of up to three years.
The commented article of the Criminal Code of the Republic of Kazakhstan appeared in the criminal law of the Republic of Kazakhstan for the first time. The public danger of such a crime is that the exercise of the right of any person to judicial protection of their rights and freedoms and to receive qualified legal assistance, guaranteed by the State and enshrined in the Constitution of the Republic of Kazakhstan, is violated.
In accordance with Article 2 of the Law of the Republic of Kazakhstan "On Advocacy" dated December 11, 1997, the organization and activities of the legal profession are based on the following principles:
1. the independence of lawyers in carrying out their activities;
2. practicing law by methods and means not prohibited by law;
3. the inadmissibility of interference in the activities of lawyers by the prosecutor's office, courts, bodies of inquiry and preliminary investigation, other state bodies, other organizations and officials, except in cases expressly specified by legislative acts.;
4. compliance with the standards of professional conduct and the preservation of attorney-client privilege.
The object of this crime is the normal activities of bodies and institutions that protect citizens, as well as provide legal assistance to citizens or organizations, institutions and enterprises.
On the objective side, this crime can be committed by the following actions:: 1) obstruction of the legitimate activities of a lawyer and other persons to protect citizens in criminal proceedings, as well as the provision of legal assistance to citizens and organizations; 2) other violation of the independence and independence of such activities.
Obstruction is the opposition and provision of all kinds of obstacles to the activities of a lawyer and other persons provided for by the criminal procedure legislation who defend themselves in criminal proceedings, as well as provide other legal assistance in criminal cases.
Other violations of independence and independence may occur through any kind of interference in the activities of the legal profession, institutions providing legal assistance to the public or organizations, infringement of the rights of the defender provided for by the criminal procedure legislation.
In order to recognize the existence of this crime, it is necessary that the legitimate activities of lawyers and other persons to protect citizens in criminal proceedings be obstructed. Obstructing the illegal activities of these persons is not recognized as a criminal act. Also, the obstruction of the legitimate activities of these persons in civil proceedings, administrative cases, and labor disputes does not constitute a part of this crime.
A crime is considered to be over from the moment it causes significant harm to the rights or legitimate interests of citizens, organizations, society or the State. Significant harm can be recognized as the occurrence of such consequences as the unlawful bringing of a person to criminal responsibility, unlawful conviction, and the issuance of an unlawful decision in a criminal case.
The subjective side of this crime is expressed in direct intent. The perpetrator is aware that he is obstructing the legitimate activities of lawyers and other persons to protect citizens in criminal proceedings, provide legal assistance to citizens and organizations, or otherwise violate the independence and independence of such activities, and wishes to do so.
The subject of this crime may be a 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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