Commentary to article 233-1. Propaganda of terrorism or public calls to commit an act of terrorism of the Criminal Code of the Republic of Kazakhstan of the Criminal Code of the Republic of Kazakhstan

     1. Propaganda of terrorism or public calls for the commission of an act of terrorism, as well as the dissemination of materials of the specified content –      

are punishable by imprisonment for a term of up to five years.      

2. The same acts committed by a person using his official position or by the head of a public association or using mass media, -      

are punishable by imprisonment for a term of three to eight years.

     The public danger of this crime lies in the fact that as a result of the propaganda of terrorism and public calls for the commission of an act of terrorism, the situation in society is destabilized, which is associated with the creation of a socio-psychological atmosphere of public concern, the creation of favorable ground for terrorist acts, the cultivation of violence and aggression in society.      

The object of the crime in question is public safety.      

The objective side is characterized by actions involving the propaganda of terrorism or public calls for the commission of an act of terrorism, as well as the dissemination of materials of the specified content.      

An act of terrorism – this is the commission or threat of an explosion, arson, or other actions that pose a risk of death, significant property damage, or other socially dangerous consequences if these actions are committed to violate public safety, intimidate the population, or influence decision-making by government agencies of the Republic of Kazakhstan, foreign states, or international organizations, as well as encroachment on a person's life, committed for the same purposes, as well as an encroachment on the life of a state or public figure committed for the purpose of terminating his state or other political activities or out of revenge for such activities.      

Propaganda means actively influencing the consciousness and will of people in order to arouse in them the desire to commit illegal acts, in particular, to carry out a terrorist act. Propaganda may be in the form of oral presentations or the distribution of written or printed materials.     

Appeals are oral or written appeals to a sufficiently large number of listeners in order to convince them of the need for aggression. Appeals must necessarily be public, that is, carried out in the presence of several persons and for them. Unlike propaganda, the impact here is immediate. In addition, public appeals should be subordinated to a strictly defined purpose, namely, aimed at committing an act of terrorism.      

The dissemination of materials should be understood as actions aimed at transmitting materials with propaganda or calls to commit an act of terrorism to third parties.      

The crime should be considered over from the moment of carrying out propaganda, public appeals and dissemination of materials with propaganda or calls to commit an act of terrorism, regardless of whether a terrorist act has been committed or not.      

Criminal liability under this rule is possible only in cases where calls to commit an act of terrorism took place in the presence of the public, openly, since we are talking about "public appeals", and not about a single fact of conscription.      

On the subjective side, the crime is characterized by direct intent. The person is aware that he is committing terrorist propaganda or publicly calls for an act of terrorism, as well as distributing materials of the specified content and wishes to commit such actions.      

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

Part 2 of Article 233-1 provides for the following qualifying features: an act committed by a person using his official position or by the head of a public association, or using mass media.      The commission by an official or the head of a public association of actions aimed at promoting terrorism or publicly calling for the commission of an act of terrorism, as well as the dissemination of materials of the specified content, presupposes the use of his official or social position for this purpose.     

The use of mass media is propaganda and calls for the commission of a terrorist act, published in the press, as well as distributed on radio or television.      

The subject of the crime under Part 2 of Article 233-1 of the Criminal Code is a special one. He is a person using his official position or the head of a public association.

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

 Constitution Law Code Standard Decree Order Decision Resolution Lawyer Almaty Lawyer Legal service Legal advice Civil Criminal Administrative cases Disputes Defense Arbitration Law Company Kazakhstan Law Firm Court Cases