Commentary to article 108. Causing harm to health in a state of passion of the Criminal Code of the Republic of Kazakhstan of the Criminal Code of the Republic of Kazakhstan
Intentional infliction of serious harm to health, committed in a state of sudden intense mental agitation (affect) caused by violence, bullying or serious insult on the part of the victim, or other unlawful or immoral actions (inaction) of the victim, as well as a prolonged traumatic situation that arose in connection with the systematic unlawful or immoral behavior of the victim, -
is punishable by restriction of liberty for a term of up to two years, or by arrest for a term of three to six months, or by imprisonment for a term of up to two years.
The object of the crime in question is human health.
The objective side of the crime is characterized by the infliction of serious harm to health, committed in a state of sudden intense mental agitation (affect) caused by violence, bullying or serious insult on the part of the victim, or other illegal or immoral actions (inaction) of the victim, as well as a prolonged traumatic situation that arose in connection with the systematic illegal or immoral behavior of the victim. On the objective side, the crime provided for in art. 108 of the Criminal Code is similar to the crime provided for in Article 98 of the Criminal Code, since both of them are committed by a person in a state of passion. The signs of this condition have been carefully analyzed in relation to Article 98 of the Criminal Code and there is no need to repeat them.
It is important to take into account that the physiological affect was suddenly caused by violence, bullying or serious insult on the part of the victim or other illegal or immoral actions (inaction) on his part, as well as a prolonged traumatic situation that arose in connection with the systematic illegal or immoral behavior of the victim.
If, in a state of intense mental agitation, serious harm to health or moderate harm to health is negligently inflicted on two or more persons, then the actions of the perpetrator should be qualified under Article 111 of the Criminal Code, and the illegality and immorality of the victim's behavior, which was the reason for the crime, should be taken into account as a mitigating circumstance (paragraphs "i" of Article 53 of the Criminal Code).
A state of severe mental agitation that suddenly arose as a result of the above circumstances precludes the qualification of causing serious or moderate harm to health under Parts 2, 3 of Articles 103 and 104 of the Criminal Code, even if they caused the death of the victim or were in the nature of torture, torment, bullying, etc. Responsibility comes despite the presence of aggravating circumstances under art. 108 of the Criminal Code.
108 of the Criminal Code, any of the signs of unlawful or immoral behavior of the victim mentioned in the disposition, which can be directed both at the perpetrator and against his loved one, is sufficient.
The subjective side of a criminal act is characterized by guilt in the form of direct or indirect intent (which suddenly arose).
The subject of the crime is a sane individual who has reached the age of 16.
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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