Commentary to article 19. Wines of the Criminal Code of the Republic of Kazakhstan of the Criminal Code of the Republic of Kazakhstan

     1. A person is subject to criminal liability only for those socially dangerous acts (actions or omissions) and socially dangerous consequences that have occurred, in respect of which his guilt has been established.      

2. Objective imputation, that is, criminal liability for innocent harm, is not allowed.      

3. Only a person who has committed an act intentionally or negligently is found guilty of a crime.      

4. An act committed through negligence shall be recognized as a crime only if it is specifically provided for in the relevant article of the Special Part of the Code.      

The establishment of responsibility only in the presence of guilt is the most important principle of criminal law. Its importance is evidenced by the fact that among the 10 main provisions on which the administration of justice in the Republic of Kazakhstan is based, Article 77 of the Constitution of the Republic of Kazakhstan directly establishes the criteria of innocence.:      

1) a person is considered innocent of committing a crime until his guilt is recognized by a court verdict that has entered into legal force.;      

2) the accused is not obliged to prove his innocence;      

3) any doubts about the guilt of a person are interpreted in favor of the accused.      

The principle of culpable liability is clearly formulated in art. 19 of the Criminal Code of the Republic of Kazakhstan. In accordance with Part 1 of Article 19 of the Criminal Code of the Republic of Kazakhstan, a person is subject to criminal liability only for those socially dangerous acts (actions or omissions) and socially dangerous consequences that have occurred, in respect of which his guilt has been established. Without establishing guilt, it is impossible to correctly resolve the issue of whether a person's actions constitute a crime, and therefore whether there is a basis for criminal liability; it is impossible to correctly qualify a crime.; Finally, without this, the individualization of criminal responsibility and the imposition of fair and appropriate punishment is impossible.       Objective imputation is alien to criminal law, i.e. responsibility without guilt for causing harm to an individual, society or the state alone.      

Part 2 of Article 19 of the Criminal Code of the Republic of Kazakhstan emphasizes that objective imputation, that is, criminal liability for innocent harm, is not allowed. This means that no matter how grave the consequences may be, if a person is innocent of their occurrence, they cannot be attributed to him.      

Thus, guilt is a person's mental attitude towards a socially dangerous act and its socially dangerous consequences, expressed in the form of intent or negligence.      

Part 3 of Article 19 of the Criminal Code stipulates that only a person who has committed an act intentionally or negligently is found guilty of a crime. The legislative definition of forms of guilt guarantees the implementation of the principle of subjective imputation, since, firstly, it narrows a person's internal (mental) attitude to what he has done to strictly formalized boundaries: intent and negligence. Secondly, the form of guilt is taken into account when classifying crimes. Thirdly, it is taken into account in the categorization of crimes and affects the resolution of issues of sentencing, exemption from criminal liability, and exemption from criminal punishment.      

In the practical activity of judicial investigative bodies, the establishment of signs of the subjective side of the composition of the committed crime causes certain difficulties. In this regard, the legislator provided for the following principle provision in Part 4 of Article 19 of the Criminal Code of the Republic of Kazakhstan: "An act committed through negligence is recognized as a crime only if it is specifically provided for in the relevant article of the Special Part of the Code." So, for example, if minor harm to health is caused by negligence or moderate harm to health by negligence, then the person is not criminally liable, since in the current legislation there is no corpus delicti in the articles of the Special Part providing for responsibility for such an act.

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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