Commentary on Article 258. Vandalism of the Criminal Code of the Republic of Kazakhstan
Vandalism, that is, the desecration of buildings or other structures by means of inscriptions or drawings, or other actions that offend public morality, as well as the intentional damage to property on transport or in other public places – shall be punishable by a fine in the amount of one hundred to five hundred monthly calculation indices, or in the amount of the convicted person's wages or other income for a period of one to five months, or by community service for a period of one hundred and twenty to one hundred and eighty hours, or by correctional labour for a period of six months to one year, or by arrest for a period of up to four months.
The offence of vandalism is a new provision in the Criminal Code of the Republic of Kazakhstan. Under the previous criminal legislation, acts constituting the offence of vandalism were classified as hooliganism. The public danger of vandalism lies in causing harm to the norms of public morality and aesthetics.
Vandalism, as an antisocial phenomenon, means the senseless destruction of cultural and material values and barbarism.
The object of vandalism is the social relations governing the norms of public morality and public order.
The objective element of vandalism consists in committing actions aimed at desecrating buildings or other structures and damaging property on public transport or in other public places.
The desecration of buildings or other structures is understood as giving them or their parts such an appearance that is perceived as an insult to public morality and morals. Such actions include placing on buildings or other structures inscriptions or drawings of an obviously indecent, offensive, maliciously cynical nature, which violate the general appearance of these structures or cause evident harm to their aesthetic qualities.
When determining whether actions fall under the elements of vandalism, it is necessary to take into account the nature of the inscriptions and drawings applied, as well as the possibility of removing them. Small, inconspicuous and easily removable obscene inscriptions and indecent drawings made on the walls or inside the premises of ordinary buildings, in accordance with Part 2 of Article 9 of the Criminal Code, should not be regarded as a criminally punishable act. Drawings and inscriptions made in buildings and other structures of historical, cultural or aesthetic significance (museums, libraries) may be classified as vandalism. If the desecration of buildings or other structures is accompanied by damage to or desecration of burial places, grave structures or cemetery buildings, the said acts should be classified under Article 275 of the Criminal Code. The act of making offensive and obscene inscriptions, indecent, cynical and offensive drawings or images directed at specific representatives of the authorities in connection with the performance of their official duties may be classified under Article 320 of the Criminal Code.
Acts falling under the elements of vandalism also include damage to property on transport (in cars, buses, railway carriages, aircraft, river and sea vessels) or in other public places. In this regard, the damage caused to property must be insignificant. If the damage caused is substantial, the actions of the perpetrator shall be classified under Article 187 of the Criminal Code of the Republic of Kazakhstan (“Intentional Destruction of or Damage to Another Person's Property”).
Vandalism is considered completed from the moment the actions specified in the disposition of Article 258 of the Criminal Code of the Republic of Kazakhstan are carried out.
The subjective element of vandalism is expressed in the form of direct intent. The perpetrator is aware that they are violating public order and the norms of public morality and desires to do so.
The subject of vandalism is a natural person who has reached the age of 14.
The distinction between vandalism and hooliganism lies in the fact that, in actions constituting the offence of vandalism, the violation of public order is not demonstratively brazen and does not in all cases express an overt disrespect for society. In vandalism, the norms of public morality, upon which compliance with public order is based, are violated in the first place. In cases of vandalism, the violation of public order may remain unknown until the consequences of the criminal acts are discovered. The immediate obviousness of the violation of public order is the most important criterion for distinguishing vandalism from hooliganism.
Commentary to the Criminal Code of the Republic of Kazakhstan dated 2007, by I.Sh. Borchashvili, Honoured Worker of Kazakhstan, Doctor of Law, Professor, Academician of the Kazakhstan National Academy of Natural Sciences.
Date of amendment of the act: 02.08.2007
Date of adoption of the act: 02.08.2007
Place of adoption: NONE
Authority that adopted the act: 180000000000
Territorial scope of the act: 100000000000
Registration number of the regulatory legal act assigned by the rule-making authority: 167
Status of the act: new
Sphere of legal relations: 028000000000
Form of the act: COMMENTARY
Legal force: 1900
Language of the act: Russian
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