Commentary to Article 140. Malicious evasion from the maintenance of an incapacitated spouse of the Criminal Code of the Republic of Kazakhstan of the Criminal Code of the Republic of Kazakhstan
Malicious evasion of an able-bodied person for more than three months from paying court-ordered funds for the maintenance of a spouse who is unable to work and in need of financial assistance —
is punishable by a fine in the amount of two hundred to five hundred monthly calculation indices or in the amount of the convicted person's salary or other income for a period of two to five months, or by community service for a term of one hundred and twenty to one hundred and eighty hours, or by correctional labor for a term of up to two years, or by restriction of liberty for a term of up to two years, or by arrest for up to six months.
According to the civil legislation of the Republic of Kazakhstan, spouses are obliged to financially support each other. In case of refusal of such support, an incapacitated spouse in need of financial assistance, during pregnancy and for three years after the birth of a common child, has the right to receive maintenance (alimony) from their spouse by court, if the latter is able to provide them. Alimony obligations of spouses and former spouses are provided for in Articles 133-136 of the Law of the Republic of Kazakhstan "On Marriage and Family" dated December 17, 1998.
The social danger of a crime is that an incapacitated spouse is left without financial assistance or care from the person who is legally required to provide assistance. As a result, the health and normal existence of the disabled spouse is at risk.
The object of the crime in question is the health and normal development of a disabled spouse in need of financial assistance.
The objective side of the crime is inaction – non-payment of alimony established by a court decision for the maintenance of another disabled spouse. Non-payment is committed by any deliberate actions (inaction) in order to avoid withholding alimony collected by the court: an able-bodied spouse leaves without leaving a new address, changes his place of residence, does not work permanently, etc. Failure to comply with a court decision on the recovery of alimony for more than 3 months from the date of its entry into force is considered malicious. A prerequisite for criminal liability for this crime is:
- malicious evasion for more than 3 months;
- there may be a court decision rendered in favor of a spouse who is unable to work and in need of financial assistance.
On the subjective side, malicious evasion presupposes conscious evasion from paying funds in the amount established by the court for the maintenance of an incapacitated spouse, that is, it presupposes an intentional form of guilt (direct intent). The motive may be different, but it does not affect responsibility.
The subject of the crime is an able-bodied spouse. The right to receive maintenance from the spouse remains even after the dissolution of the marriage. The obligation to support a divorced spouse is terminated if the disabled spouse remarries.
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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