Commentary on Article 254. Commentary on the Criminal Code of the Republic of Kazakhstan on Improper Performance of Duties for the Protection of Weapons, Ammunition, Explosive Substances or Explosive Devices

1. Improper performance of their duties by a person entrusted with the protection of firearms, ammunition, explosive substances or explosive devices, if this results in their theft or destruction, or the occurrence of other grave consequences, —

shall be punishable by restriction of liberty for a term of up to three years, or arrest for a term of three to six months, or imprisonment for a term of up to two years, with or without deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years.

2. Improper performance of duties for the protection of weapons of mass destruction or materials or equipment that may be used in the manufacture of weapons of mass destruction, if this results in grave consequences or creates a threat of their occurrence, —

shall be punishable by imprisonment for a term of two to seven years, with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years.

The public danger of this crime is manifested in the creation of conditions, as a result of improper performance of duties for the protection of weapons, ammunition, explosive substances or explosive devices, for another person to use weapons for the purpose of committing a crime, causing harm to the interests of an individual, etc.

The object of the crime under consideration is public safety in the sphere of storage of firearms, ammunition, explosive substances or explosive devices, as well as weapons of mass destruction, or materials and equipment that may be used in the manufacture of weapons of mass destruction, which constitute the subject matter of the crime. The optional objects may include human life and health, and property.

The subjects of the elements of the crime under Part 1 of the Article under consideration are firearms, ammunition, explosive substances and explosive devices. Their definitions are considered in the commentary to Article 251 of the Criminal Code of the Republic of Kazakhstan. Components of firearms do not constitute the subject matter of the crime. The subjects of the elements of the crime provided for in Part 2 of Article 254 of the Criminal Code of the Republic of Kazakhstan are weapons classified as weapons of mass destruction (nuclear, chemical, etc.), or materials and equipment that may be used in the manufacture of such weapons (see the commentary to Articles 158 and 250 of the Criminal Code).

The objective side of the crime is characterized by inaction — the improper performance of duties by a person entrusted with the protection of firearms, ammunition, explosive substances or explosive devices, if this results in their theft or destruction, or the occurrence of other grave consequences.

Improper performance of duties for the protection means a violation of specific rules established by the Government of the Republic of Kazakhstan or by other departmental regulations adopted in accordance with the established procedure.

Grave consequences should be understood as causing the death of a person, causing serious harm to health, or causing material damage on a large scale.

Destruction means rendering the subject matter of the crime completely unusable. As in the case of theft, destruction is also carried out by another person.

The crime may be committed both during the protection of stationary storage facilities for weapons, ammunition, explosive substances or explosive devices (warehouses of weapons-manufacturing enterprises), and during the protection of mobile temporary storage facilities while the subject matter of the crime is being transported.

This element of the crime is material, since the occurrence of consequences is necessary for it to be recognized as completed.

A mandatory condition for criminal liability is the existence of a causal relationship between the actions of the person guarding the weapons and the consequences that have occurred.

The subjective side is characterized by the negligent form of guilt, which may manifest itself in the form of recklessness or negligence.

The subject of the crime is a sane individual who has reached the age of 16 and upon whom the duty to guard weapons has been imposed.

Part 2 of Article 254 of the Criminal Code of the Republic of Kazakhstan provides for liability for improper performance of duties for the protection of weapons of mass destruction or materials or equipment that may be used in the manufacture of weapons of mass destruction, if this results in grave consequences or creates a threat of their occurrence.

Grave consequences should be understood to include the following: theft of weapons of mass destruction by third parties; their use for their intended purpose, resulting in the death of people, harm to health, environmental disasters, etc. Theft of such weapons by the person entrusted with their protection shall be classified under subparagraph “a” of Part 3 of Article 255 of the Criminal Code of the Republic of Kazakhstan.

The crime should be considered completed both from the moment grave consequences occur and also when a real threat of their occurrence is created, that is, from the moment the threat of consequences arises or the consequences occur.

Commentary to the Criminal Code of the Republic of Kazakhstan, 2007. Honored Worker of Kazakhstan, Doctor of Law, Professor, Academician of the National Academy of Natural Sciences of Kazakhstan, I.Sh. BORCHASHVILI.

Date of amendment to the act: 02.08.2007.

Date of adoption of the act: 02.08.2007.

Place of adoption: NONE.

Body that adopted the act: 180000000000.

Territorial scope of application: 100000000000.

Registration number of the normative legal act assigned by the rule-making body: 167.

Status of the act: new.

Sphere of legal relations: 028000000000.

Form of the act: COMMENTARY.

Legal force: 1900.

Language of the act: Russian.

Correct the English translation faithfullyUse consistent legal terminology throughout

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