Commentary to article 110. Infliction of serious harm to health during the detention of a person who has committed a crime of the Criminal Code of the Republic of Kazakhstan
Intentional infliction of serious harm to health, committed in excess of the measures necessary to detain the person who committed the crime, -
is punishable by restriction of liberty for a term of up to two years or imprisonment for the same term.
Intentional infliction of serious harm to health in excess of the measures necessary to detain a person who has committed a crime is recognized as their obvious inconsistency with the nature and degree of public danger of the crime committed by the detained person and the circumstances of detention, when a person unnecessarily causes clearly excessive, unintended harm. At the same time, it should be borne in mind that, along with specially authorized persons, victims and other citizens also have the right to detain a person who has committed a socially dangerous offense (Article 133 of the Criminal Procedure Code of the Republic of Kazakhstan).
The object of the crime is the health of another person.
The objective side of the crime is characterized by the commission of actions that cause serious harm to health, and the causal relationship between actions in excess of the measures necessary to detain the person who committed the crime and the consequences that ensue. Signs of serious harm to health are considered in the analysis of art. 103 of the Criminal Code. The concept of exceeding the measures necessary to detain a person was revealed during the consideration of Article 100 of the Criminal Code.
The crime is considered completed from the moment of causing serious harm to health.
The subjective side is characterized by guilt in the form of direct or indirect intent To cause serious harm through negligence in excess of the measures necessary to detain the person who committed the crime, precludes criminal liability.
The motives and objectives of this criminal act are not criminal in nature. The motive is the desire to detain the person who committed the crime. The purpose is to perform professional duties or assist law enforcement agencies in detaining a criminal.
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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