Commentary on Article 114. Negligent Infliction of Harm to Health of the Criminal Code of the Republic of Kazakhstan
- 1. Negligent infliction of moderately serious harm to health shall be punishable by a fine in an amount of up to eighty monthly calculation indices, or correctional labour in the same amount, or community service for a period of up to eighty hours, or arrest for a period of up to twenty days.
- 2. Negligent infliction of moderately serious harm to the health of two or more persons –
- shall be punishable by a fine in an amount of up to one hundred and twenty monthly calculation indices, or correctional labour in the same amount, or community service for a period of up to one hundred and twenty hours, or arrest for a period of up to thirty days.
- 3. Negligent infliction of serious harm to health –
- shall be punishable by a fine in an amount of up to one thousand monthly calculation indices, or correctional labour in the same amount, or community service for a period of up to four hundred hours, or restriction of liberty for a period of up to one year, or imprisonment for the same period.
- 4. Negligent infliction of serious harm to the health of two or more persons –
- shall be punishable by a fine in an amount of up to two thousand monthly calculation indices, or correctional labour in the same amount, or community service for a period of up to six hundred hours, or restriction of liberty for a period of up to two years, or imprisonment for the same period.
The public danger of this criminal offence (Parts 1 and 2 constitute criminal misdemeanours, while Parts 3 and 4 constitute crimes) lies in the fact that harm to health is caused as a result of negligent actions.
The object of the criminal offence under consideration is the health of another person.
The objective element of Part 1 of Article 114 of the Criminal Code is expressed in the negligent infliction of moderately serious harm to health. As a rule, this involves a gross violation of ordinary precautionary rules or failure to observe precautionary rules in the sphere of professional activity. Moreover, the aforementioned consequences must be causally related to the act of the perpetrator. Pursuant to subparagraph 12) of Article 3 of the Criminal Code, moderately serious harm to health means harm to a person's health that is not dangerous to life and has caused a prolonged health disorder (for a period exceeding twenty-one days) or a significant permanent loss of general working capacity (less than one-third).
By its legal construction, the elements of the criminal misdemeanour are material. The act is considered completed from the moment moderately serious harm to health is negligently inflicted.
The subjective element is characterised by the negligent form of guilt in the form of criminal self-confidence or criminal negligence. If a person foresaw the possibility of socially dangerous consequences arising from their actions (inaction), but, without sufficient grounds, frivolously relied on preventing such consequences, this constitutes criminal self-confidence. If, however, a person did not foresee the possibility of socially dangerous consequences arising from their actions (inaction), although, with due attention and foresight, they should and could have foreseen such consequences, this constitutes criminal negligence.
The subject is a sane natural person who has reached the age of sixteen.
Part 2 of Article 114 of the Criminal Code establishes criminal liability for the negligent infliction of moderately serious harm to the health of two or more persons. The negligent infliction of moderately serious harm to the health of two or more persons is generally committed through one act or several acts within a short period of time.
Liability for the negligent infliction of serious harm to health is provided for in Part 3 of Article 114 of the Criminal Code, while liability for the negligent infliction of serious harm to the health of two or more persons is provided for in Part 4 of the article under consideration. For the definition of serious harm to health, see the commentary on subparagraph 11) of Article 3 of the Criminal Code and Article 106 of the Criminal Code.
The acts provided for in Parts 1 and 2 of Article 114 of the Criminal Code are classified as criminal misdemeanours.
The acts provided for in Parts 3 and 4 of Article 114 of the Criminal Code are classified as crimes of minor gravity.
**Commentary of 2021 on the Criminal Code of the Republic of Kazakhstan, authored by Isidor Shamilovich Borchashvili, Honoured Figure of Kazakhstan, Doctor of Law, Professor, Academician of the Kazakhstan National Academy of Natural Sciences, member of the Scientific Advisory Councils under the Constitutional Council of the Republic of Kazakhstan and the Supreme Court of the Republic of Kazakhstan, member of the working group on reform of the law enforcement system under the Security Council of the Republic of Kazakhstan, and Honoured Employee of the Ministry of Internal Affairs of the Republic of Kazakhstan.
Constitution Law Code Regulatory Act Decree Order Decision Resolution Lawyer Almaty Lawyer Legal Services Legal Consultation Civil Criminal Administrative Cases and Disputes Defence Arbitration Cases Legal Company in Kazakhstan Law Office Court Cases Declaration Decree Order Resolution Decision Report Conclusion Application Conclusion Convention Contract Memorandum Methodology Rules Note Regulations Programme Charter Statute Charter Article Commentary Resolution Regulation Protocol Draft Programme Regulations Messages
