Commentary to article 105. Intentional infliction of minor harm to health of the Criminal Code of the Republic of Kazakhstan of the Criminal Code of the Republic of Kazakhstan

     Intentional infliction of minor harm to health is considered to be the infliction of such harm to health, which has resulted in a short-term health disorder or a minor permanent loss of general ability to work. -      

is punishable by a fine in the amount of fifty to one hundred and fifty monthly calculation indices or in the amount of the convicted person's salary or other income for a period of three months, or by community service for a period of one hundred and eighty to two hundred hours, or correctional labor for up to one year, or arrest for up to three months.

     The object of this crime is human health.      

The objective side of the crime is characterized by a socially dangerous act (action or omission), the consequences are minor harm to health, resulting in a short-term health disorder or minor permanent loss of general ability to work; the causal relationship between the criminal act and the named criminal consequences.      

Intentional infliction of minor harm to health is considered to be the infliction of such harm to health, which resulted in a short-term health disorder or a minor permanent loss of general ability to work.      In accordance with paragraph 37 of the "Rules for the organization and conduct of forensic medical examination" dated December 20, 2004 No. 875/1, signs of minor harm to health are:     

1) short–term health disorder - for a period of no more than three weeks – no more than 21 days;      

2) minor permanent loss of general disability – less than 10 percent.      

Minor injury to health includes: closed fracture of the bones of the nose, impaired vision and hearing associated with minor permanent loss of general disability, multiple bruises and abrasions, relatively deep wounds, resulting in short-term health problems, etc.      

When deciding on the duration of the disease, it is necessary to be guided by objective data characterizing the severity of the damage to health, and not only by the disability certificate.      

When determining the duration of a health disorder, only the objectively necessary treatment time is used as a criterion. If it is unreasonably prolonged or, on the contrary, prematurely ended, it is necessary to proceed not from the actual, but from the objectively necessary period established by the conclusion of specialists.      

The subject of the crime is a sane individual who has reached the age of 16.      

The subjective side of the crime is characterized by an intentional form of guilt (direct or indirect intent).      

To qualify under Article 105 of the Criminal Code, it is necessary that the perpetrator realize that as a result of his socially dangerous act, slight harm is caused to the health of another person, foresaw the possibility or inevitability of socially dangerous consequences and desired (direct intent) either consciously allowed them, or treated them indifferently (indirect intent).      

If the perpetrator intended to cause death or serious harm to health, but due to circumstances beyond his control, causing only minor harm to the victim's health, the deed should be qualified as attempted murder or causing serious harm to health.      

The motives and goals of this criminal act are diverse (revenge, jealousy, envy, etc.).      

Causing minor injury by negligence does not entail criminal liability.

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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