Comment to Article 378. Violation of the statutory rules of internal service or patrol in the garrison of the Criminal Code of the Republic of Kazakhstan of the Criminal Code of the Republic of Kazakhstan

     1. Violation of the statutory rules of internal service by a person who is part of the daily unit (except for the guard and watch), as well as violation of the statutory rules of patrolling in the garrison and the orders and orders issued in the development of these rules by a person who is part of the patrol unit, if they entailed harmful consequences, the prevention of which was the duty of this person, —    

are punishable by restriction on military service for up to two years, or by arrest for up to six months, or by detention in a disciplinary military unit for up to two years.      

2. The same acts that entailed grave consequences, —    

are punishable by imprisonment for a term of up to five years.

     Note. A serviceman who has committed the acts provided for in the first part of this article for the first time may be released from criminal liability under mitigating circumstances.

     The public danger lies in the actual infliction of harm to protected objects.   

  The order of internal service and patrol in the garrison is regulated by the Charter of the internal service and the Charter of the garrison and guard Services of the Armed Forces of the Republic of Kazakhstan, orders and orders of the commanders issued in their supplement.    

The immediate object of this crime is the established order of internal service and patrol in the garrison. The content of this procedure is the strict observance by military personnel of the rules of military service, which ensure the safety of personnel, the safety of garrison facilities, the normal functioning of a military unit and the solution of other tasks that ensure the combat capability and combat readiness of units and units.   

  From the objective point of view, a crime can be committed either through action or inaction.    

 Violation of the rules of internal service may result in the unauthorized departure of a day guard from his post, the issuance of weapons to military personnel on duty without the order of the commander or the foreman of the unit, failure to take urgent measures in case of any incidents, and the like.   

  Due to the peculiarities of internal service in a separate military unit, the provisions of the above-mentioned charters can be developed and supplemented in the form of appropriate instructions from military authorities, which must be taken into account when qualifying this crime.    

 Violation of the statutory rules of patrolling in the garrison may manifest itself in unauthorized abandonment of a post, change, evasion of a patrol unit from the route and schedule of patrolling, failure to take measures to prevent violations of military discipline by military personnel, alcohol consumption, illegal use of weapons, and the like.    

 Harmful consequences include violation of the statutory relationship between military personnel, disruption of the daily routine approved by the commander of a military unit, harm to the life and health of personnel, commission of crimes by military personnel, conflicts between military personnel and the civilian population, and others.      The regulatory resolution of the Supreme Court of the Republic of Kazakhstan "On judicial practice in cases of military crimes" focuses on the fact that "violation of the statutory rules of internal service or patrolling by military personnel who are part of a daily patrol (except for guards and watches), patrol or military detachment to protect public order and ensure public safety, resulting in injury to victims minor injury to health, is qualified under Part 1 of Article 378 of the Criminal Code of the Republic of Kazakhstan or Part 1 of Article 379 of the Criminal Code of the Republic of Kazakhstan.  

   The same actions that caused moderate harm to health should be qualified under Part 2 of these articles. At the same time, additional qualification of the act under the articles of the criminal law providing for liability for crimes against the person is not required.  

   If, under these circumstances, the perpetrator intentionally causes serious harm to health or death to other military personnel, then the deed is additionally qualified under Articles 96, 368-370, 380 of the Criminal Code of the Republic of Kazakhstan.   

  Intentional infliction of serious harm to health or death by these subjects to victims who are not military personnel should additionally be qualified under Article 96 of the Criminal Code of the Republic of Kazakhstan or Article 103 of the Criminal Code of the Republic of Kazakhstan."   

  The crime should be considered over from the moment of the onset of harmful consequences, the prevention of which was the responsibility of the daily duty, when carrying out internal service, as well as the patrol squad when patrolling.    

 The subjective side is characterized by an intentional form of guilt in the form of direct or indirect intent.      Reckless violations of the statutory rules of internal service or patrolling in the garrison do not constitute a crime.   

  The subject of the crime is a special one, i.e. a soldier who is part of the daily unit (except for the guard and watch) or a patrol unit.   

  Such persons include: the regimental officer on duty and his assistant, the company officer on duty and day guards, the park officer on duty or the patrol chief and patrol officers. All persons performing these services are appointed daily by order of the commander of the military unit.    

 Part 2 of this article provides for the occurrence of grave consequences as an aggravating circumstance, the presence of which is established in each case, taking into account all the circumstances of the deed. These may include harm to life or health, destruction or damage to property, a fight between military personnel, and conflicts between military personnel and the civilian population.  

   The conditions for exemption from criminal liability of a serviceman who violated the statutory rules of internal service or patrol in the garrison are similar to the conditions of the note of art. 375 of the Criminal Code of the Republic of Kazakhstan.  

   The crime provided for in Part 1 of Article 378 of the Criminal Code of the Republic of Kazakhstan refers to crimes of minor gravity.    

 The crime provided for in Part 1 of Article 378 of the Criminal Code of the Republic of Kazakhstan refers to crimes of moderate severity.

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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