Commentary on Article 182 of the Criminal Code of the Republic of Kazakhstan. 

Causing Property Damage Through Deception or Abuse of Trust

1. Causing property damage to an owner or another holder of property through deception or abuse of trust, in the absence of the elements of embezzlement, —* **shall be punishable by a fine in the amount of two hundred monthly calculation indices or in the amount of the convicted person's salary or other income for a period of up to two months, or by community service for a period of one hundred and twenty to one hundred and eighty hours, or by corrective labour for a period of up to one year, or by arrest for a period of up to four months.***

2. The same act committed:**a) by a group of persons pursuant to a prior conspiracy;**b) repeatedly;**c) through the use of one's official position, —* **shall be punishable by a fine in the amount of four hundred to eight hundred monthly calculation indices or in the amount of the convicted person's salary or other income for a period of four to eight months, or by imprisonment for a period of up to three years, with a fine in the amount of up to one hundred monthly calculation indices or in the amount of the convicted person's salary or other income for a period of up to two months, or without such a fine.***

3. The acts provided for in parts one or two of this Article:**a) committed by an organized group;**b) causing substantial damage, —* **shall be punishable by imprisonment for a period of up to five years, with or without confiscation of property.***

The public danger of the crime under consideration* consists in the fact that the perpetrator unlawfully enriches himself at the expense of those material assets that should have come into the possession of the owner and thereby replenished the owner's property fund. As a result, the latter is deprived of the opportunity to possess, use and dispose of the planned income from his economic activities.*

The object of the crime under consideration* is property. *The subject matter of the crime* is commodity and monetary assets which, at the time of the criminal interference with them, have not yet come into the possession of the owner, but should have come under the owner's control had the perpetrator not committed the crime under consideration.*The objective element of the act being analysed* consists in causing property damage to an owner or another holder of property through deception or abuse of trust in the absence of the elements of embezzlement.

Causing property damage through deception or abuse of trust, without the elements of embezzlement, occurs when the property has not yet entered the owner's fund but should have entered it; that is, when this act is committed, the lawful owner does not receive the material benefits that he should have received. 

In the composition of the act under consideration, the perpetrator, by using relations of trust or through deception, prevents the transfer of property to the owner. This includes cases where, for example, a train conductor places passengers without tickets in the conductors' compartment; a person uses a vehicle belonging to legal entities without paying for its use; or a person fails to pay for the performance of work or the provision of services in the sphere of household and other public services, etc.The crime is recognized as completed when, as a result of deception or abuse of trust, material damage is caused to the owner. 

A distinctive feature of the consequences of this crime is the nature and structure of the property damage, which consists not only of the owner's direct material losses, but also of lost profit (failure to receive what was due).Causing property damage through deception or abuse of trust should be distinguished from fraud as a form of embezzlement of another person's property. 

The main difference lies in the content of the socially dangerous consequences and in the nature of the material damage caused to the owner. In the case of fraud, the damage is expressed in the actual deprivation of the owner of the assets belonging to him, in the reduction of existing property funds through the gratuitous seizure of property from them. If, however, unlawful enrichment at the expense of another person's property has not resulted in a reduction of the existing funds, and the perpetrator has merely unlawfully used property entrusted to him, unlawfully appropriating the income derived from it that should have been transferred to the owner's funds, liability arises under Article 182 of the Criminal Code.

*The subject of the crime* is general — a sane individual who has reached the age of 16.*The subjective element of this crime* is expressed in guilt in the form of direct intent and an acquisitive purpose. The perpetrator is aware that his actions aimed at misleading the victim or establishing relations of trust with him will result in preventing the transfer of property to the owner, and desires this outcome.

The qualifying elements of this crime are:a) commission by a group of persons pursuant to a prior conspiracy;b) repeated commission;c) commission through the use of one's official position.These elements are understood in exactly the same way as the identically named elements of various forms of embezzlement.The legislator has classified the following as particularly qualifying elements provided for in Part 3 of Article 182 of the Criminal Code:a) commission by an organized group;b) causing substantial damage.

The content of the above-mentioned particularly qualifying elements of this crime has been examined by us in the analysis of theft provided for in Article 175 of the Criminal Code.---**Commentary of 2007 on the Criminal Code of the Republic of Kazakhstan by the Honoured Worker of Kazakhstan, Doctor of Law, Professor, Academician of the National Academy of Natural Sciences of Kazakhstan, 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**Territory of application:** 100000000000**Registration number of the regulatory legal act assigned by the rule-making body:** 167**Status of the act:** new**Area of legal relations:** 028000000000**Form of the act:** COMMENTARY**Legal force:** 1900**Language of the act:** Russian

Attention!   

       Law and Law Law Law draws your attention to the fact that this document is basic and does not always meet the requirements of a particular situation. Our lawyers are ready to assist you in legal advice, drawing up any legal document suitable for your situation.  

 For more information,  please contact a Lawyer / Attorney by phone: +7 (708) 971-78-58; +7 (700) 978 5755, +7 (700) 978 5085. 

Constitution Law Code Standard Decree Order Decision Resolution Lawyer Almaty Lawyer Legal service Legal advice Civil Criminal Administrative cases Disputes Defense Arbitration Law Company Kazakhstan Law Firm Court Cases Declaration Decree Order Resolution Decision Report Conclusion Statement Conclusion Convention Contract Memorandum Methodology Norms Note Rules Program Charter Charter Article Commentary Resolution Regulations Protocol Draft Program Rules Messages