Commentary to article 10. Categories of crimes The Criminal Code of the Republic of Kazakhstan of the Criminal Code of the Republic of Kazakhstan

     1. The acts provided for in this Code, depending on the nature and degree of public danger, are divided into crimes of minor gravity, crimes of medium gravity, grave crimes and especially grave crimes.       

2. Crimes of minor gravity are recognized as intentional acts for which the maximum penalty provided for in this Code does not exceed two years in prison, as well as reckless acts for which the maximum penalty provided for in this Code does not exceed five years in prison.       

3. Crimes of moderate gravity are recognized as intentional acts for which the maximum penalty provided for in this Code does not exceed five years in prison, as well as reckless acts for which the penalty is imprisonment for a period of more than five years.       

4. Intentional acts for which the maximum penalty provided for in this Code does not exceed twelve years of imprisonment are recognized as serious crimes.       

5. Intentional acts are recognized as particularly serious crimes, for which the Code provides for punishment in the form of imprisonment for a term of more than twelve years or the death penalty.       

Categorization or classification of crimes is the division of them into groups according to certain criteria. Depending on the task at hand, crimes can be subdivided into different categories. According to the form of guilt, they are divided into intentional and negligent, according to the object of the encroachment they are grouped into groups included in independent chapters of the Special Part of the Criminal Code of the Republic of Kazakhstan.  According to Part 1 of Article 10 of the Criminal Code of the Republic of Kazakhstan, all crimes, depending on the nature and degree of public danger, are divided into minor crimes, moderate crimes, serious crimes and especially serious crimes.       

The nature of the public danger expresses the direction of the criminal act, i.e. it indicates what is being harmed as a result of the commission of this crime. Thus, by the nature of the public danger, murder differs from causing serious harm to health, from robbery, theft from robbery, etc. Thus, by the nature of the public danger, one crime differs from another, i.e. it expresses the qualitative essence of the acts.       

The degree of public danger shows the quantitative essence, the measure of danger. Therefore, the degree of public danger makes it possible to distinguish criminal acts within the framework of the same article of the Criminal Code of the Republic of Kazakhstan or different articles providing for responsibility for one type of crime. Thus, the degree of public danger distinguishes theft under Part 1 of Article 175 of the Criminal Code from theft under Part 2 of Article 175 of the Criminal Code, as well as murder under Part 1 of Article 96 of the Criminal Code from murder under Article 97 of the Criminal Code.       

The nature and degree of public danger of a criminal act are largely interrelated with the form of guilt and the amount of punishment. Therefore, the classification of crimes by category is based on the above circumstances: the form of guilt and the amount of punishment.       

Thus, in accordance with Part 2 of Article 10 of the Criminal Code of the Republic of Kazakhstan, crimes of minor gravity are recognized as intentional acts for which the maximum penalty provided for in this Code does not exceed two years in prison, as well as reckless acts for which the maximum penalty provided for in this Code does not exceed five years in prison.      

 Part 3 of the Article establishes that intentional acts for which the maximum penalty provided for in this Code does not exceed five years in prison, as well as reckless acts for which the penalty is imprisonment for a period of more than five years, are recognized as crimes of moderate gravity.       

Serious crimes are intentional acts for which the maximum penalty provided for in this Code does not exceed twelve years in prison (Part 4 of Article 10 of the Criminal Code of the Republic of Kazakhstan).      

 Intentional acts for which the Code provides for punishment in the form of imprisonment for a term exceeding twelve years or the death penalty (Part 5 of Article 10 of the Criminal Code of the Republic of Kazakhstan) are recognized as particularly serious crimes.       

The legislative classification of a crime is important for solving a number of practical issues of the application of criminal law: 

1. The category of crime is taken into account when establishing dangerous (Part 2 of Article 13 of the Criminal Code of the Republic of Kazakhstan) and especially dangerous (part 3 of Article 13 of the Criminal Code of the Republic of Kazakhstan) recidivism. A minor who is mentally retarded, unrelated to a mental disorder, when he could not fully understand the nature and social danger of his actions (inactions) or direct them is not subject to criminal liability when committing a crime of minor or moderate severity (Part 3 of art. 15 of the Criminal Code of the Republic of Kazakhstan) 

2. Criminal liability is imposed for the preparation of only a grave or especially grave crime (Part 2 of Article 24 of the Criminal Code of the Republic of Kazakhstan), and for an attempt - a moderate, grave or especially grave crime.       

3. A cohesive organized group (organization) created to commit grave and especially grave crimes (Part 4 of Article 31 of the Criminal Code of the Republic of Kazakhstan) can be recognized as a criminal community (criminal organization).       

4. Upon conviction to imprisonment, the type of correctional institution and the regime of the correctional colony are determined taking into account the category of the crime for which the punishment is imposed (art.48 of the Criminal Code of the Republic of Kazakhstan).       

5. The death penalty can be imposed only for particularly serious crimes encroaching on human life, as well as for crimes committed in wartime or combat situations, high treason, crimes against the peace and security of mankind, and especially serious military crimes (Part 1 of Article 49 of the Criminal Code of the Republic of Kazakhstan).      

 6. The significance of a circumstance mitigating criminal liability and punishment may be the commission for the first time as a result of an accidental combination of circumstances of only a minor crime (paragraph a of Part 2 of art. 53 of the Criminal Code of the Republic of Kazakhstan).       

7. The categorization of crimes is taken into account when assigning punishment for the totality of the crime (art. 48 of the Criminal Code of the Republic of Kazakhstan).      

 8. Exemption from criminal liability in connection with active repentance can be applied only to persons who have committed a minor and moderate crime for the first time (Part 1 of Article 65 of the Criminal Code of the Republic of Kazakhstan), and exemption from criminal liability in connection with reconciliation with the victim - if the person who committed a minor or moderate crime for the first time is not related to causing death or serious harm to health (Part 1 of Article 67 of the Criminal Code of the Republic of Kazakhstan).       

9. The statute of limitations for criminal prosecution (Article 69 of the Criminal Code of the Republic of Kazakhstan) and the statute of limitations for conviction (Article 75 of the Criminal Code of the Republic of Kazakhstan) are determined by the category of the crime committed.       

10. The part of the sentence that may result in parole (Part 3 of Article 70 of the Criminal Code) or punishment (Part 2 of Article 71 of the Criminal Code) depends on the category of crime for which the convicted person is serving his sentence.       

11. Deferral from serving sentences for pregnant women and women with young children does not apply to those sentenced to imprisonment for a term of more than five years for grave and especially grave crimes against the person (Part 1 of Article 72 of the Criminal Code of the Republic of Kazakhstan).       

12. The term of repayment of the criminal record of persons sentenced to imprisonment is determined by the category of the crime committed (paragraphs "d", "d" and "e" of Part 3 of Article 77 of the Criminal Code of the Republic of Kazakhstan).       

13. Release of minors  from criminal liability (Part 1 of Article 81 of the Criminal Code of the Republic of Kazakhstan) or from punishment (part 2 of Article 81 of the Criminal Code of the Republic of Kazakhstan) may be applied only when committing a crime of minor or moderate gravity.       

14. The categorization of crimes involves the placement of a minor in a special educational or medical educational institution (Part 5 of Article 83 of the Criminal Code of the Republic of Kazakhstan), the conditional early release of minors from serving their sentences (Article 84 of the Criminal Code of the Republic of Kazakhstan); the maturity of juvenile convictions (Article 85 of the Criminal Code of the Republic of Kazakhstan).

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

Date of amendment of the act:  08/02/2007 Date of adoption of the act:  08/02/2007 Place of acceptance:  NO Authority that adopted the act: 180000000000 Region of operation:  100000000000 NPA registration number assigned by the regulatory body:  167 Status of the act:  new Sphere of legal relations:  028000000000 Report form:  COMM Legal force:  1900 Language of the Act:  rus

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