Commentary on Article 167. Encroachment on the Life of the President of the Republic of Kazakhstan of the Criminal Code of the Republic of Kazakhstan
Encroachment on the life of the President of the Republic of Kazakhstan, committed for the purpose of terminating his state activities or out of revenge for such activities, — shall be punishable by deprivation of liberty for a term of fifteen to twenty years, or by the death penalty, or by life imprisonment.
The direct object of the crime under consideration is not only the political system of the Republic of Kazakhstan, but also the life and health of the President of the Republic of Kazakhstan as an additional object.
The victim in the commission of this crime can only be the President of the Republic of Kazakhstan. In accordance with Article 40 of the Constitution of the Republic of Kazakhstan: “The President of the Republic of Kazakhstan is the Head of State, its highest official, who determines the main directions of the domestic and foreign policy of the state and represents Kazakhstan within the country and in international relations.”
The status and powers of the President of the Republic of Kazakhstan are determined by the Constitutional Law of the Republic of Kazakhstan “On the President of the Republic of Kazakhstan” dated December 26, 1995 (with subsequent amendments and additions).
The objective aspect of this crime is expressed in an encroachment on the life of the President of the Republic of Kazakhstan.
Encroachment on life means the commission of acts directly aimed at killing the President of the Republic of Kazakhstan, regardless of whether they were successful or not. Here, the legislator, taking into account the exceptional danger of the actions of the guilty person, has, as it were, transferred the moment of completion of the crime to the stage of attempted commission. The actual occurrence of death or an attempt on the life of the President of the Republic of Kazakhstan is covered by the elements of this corpus delicti and does not require additional qualification under the articles concerning murder (Article 96 of the Criminal Code of the Republic of Kazakhstan) and intentional infliction of harm to health (Articles 103–105 of the Criminal Code of the Republic of Kazakhstan).
The presence or absence of harmful consequences does not affect the qualification of the crime but is taken into account when imposing punishment.
The methods and means used by the guilty person also do not affect the qualification. They may be taken into account only within the framework of mitigating and aggravating circumstances.
If, in the process of committing an encroachment on the life of the President of the Republic of Kazakhstan, illegally manufactured, acquired or stored weapons, explosive substances or explosive devices were used, then the actions of the guilty person shall be qualified cumulatively under Articles 251–252 of the Criminal Code of the Republic of Kazakhstan.
The subjective aspect of an encroachment on the life of the President of the Republic of Kazakhstan is characterized by direct intent.
The mandatory elements of the subjective aspect of the corpus delicti under analysis are a special purpose — the termination of the state activities of the President of the Republic of Kazakhstan, or a motive — revenge against the victim for the aforementioned activities.
If an encroachment on the life of the President of the Republic of Kazakhstan is committed without the purpose specified in the law or for other motives, then the act must be qualified under Article 96 of the Criminal Code of the Republic of Kazakhstan.
The subject of the crime is a sane individual who has reached the age of 16. If this act is committed by a person aged between 14 and 16, criminal liability shall arise under Article 96 of the Criminal Code of the Republic of Kazakhstan.
Commentary of 2007 on the Criminal Code of the Republic of Kazakhstan by the Honored Worker of Kazakhstan, Doctor of Law, Professor, Academician of the Kazakhstan National Academy of Natural Sciences, I. Sh. BORCHASHVILI.
Date of amendment of the act: 02.08.2007
Date of adoption of the act: 02.08.2007
Place of adoption: NONE
Body that adopted the act: 180000000000
Region of application: 100000000000
Registration number of the regulatory legal act assigned by the law-making body: 167
Status of the act: new
Scope of legal relations: 028000000000
Form of the act: COMMENTARY
Legal force: 1900
Language of the act: Russian
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