Commentary to article 233-2. Creation, leadership of a terrorist group and participation in its activities of the Criminal Code of the Republic of Kazakhstan of the Criminal Code of the Republic of Kazakhstan
1. Creation of a group for the commission of crimes pursuing terrorist goals (terrorist group), as well as its leadership –
are punishable by imprisonment for a term of eight to fifteen years with or without confiscation of property.
2. Participation in the activities of a terrorist group or in acts of terrorism committed by it –
is punishable by imprisonment for a term of six to twelve years with or without confiscation of property.
3. The acts provided for in the first or second parts of this Article committed by a person using his official position or by the head of a public association, -
are punishable by imprisonment from ten to fifteen years with or without confiscation of property.
The public danger of this crime lies in the fact that it poses a threat to the security of society, there is a threat of acts of terrorism, there is a risk of death, significant property damage or other socially dangerous consequences.
The immediate object of this crime is public safety.
An additional object is life, human health, property, governance, etc.
The objective side of this crime is expressed in the creation of a group to commit crimes pursuing terrorist goals (a terrorist group), as well as in its leadership.
A terrorist organization is an organization created for the purpose of carrying out terrorist activities or recognizing the possibility of using terrorism in its activities. An organization is recognized as a terrorist organization if at least one of its structural divisions carries out terrorist activities with the knowledge of one of the governing bodies of this organization.
The forms of terrorist groups can be different: a group of individuals by prior agreement, an organized group, a criminal community.
The creation of a group to commit crimes for terrorist purposes is understood as the commission of any actions that resulted in the association of several persons or criminal organizations to commit terrorist acts.
The leadership of the specified terrorist group means determining the general orientation of the activities of individuals or terrorist groups, choosing the objects of encroachment, choosing the method of encroachment, ensuring discipline and the distribution of responsibilities among members of the criminal formation, coordinating the activities of the terrorist group, etc.
The crime is considered completed from the moment of creation or actual leadership of a terrorist group.
On the subjective side, the act is characterized by guilt in the form of direct intent, expressed by awareness of the socially dangerous nature of their actions to create or lead a terrorist group, as well as participation in a terrorist formation. The perpetrator anticipates that terrorist groups will function as a result of such actions, and desires this.
The subject is a sane individual who has reached the age of 16.
Responsibility under Part 2 of Article 233-2 of the Criminal Code occurs in cases of participation in the activities of a terrorist group or in acts of terrorism committed by it.
Participation in the activities of a terrorist group or in acts of terrorism committed by it is recognized not only as direct participation in terrorist acts, but also as performing other actions in the interests of this terrorist group: financing, providing transportation, and systematically harboring members of a terrorist organization.
Part 3 of Article 233-2 provides for liability for the commission of acts provided for in parts one or two of this article, committed by a person using his official position or the head of a public association. These signs are particularly aggravating, since due to their government or public positions, such persons have great opportunities to create, lead and participate in the activities of terrorist groups.
The subject of the crime of Part 3 is the head of a public association or a person using his official position.
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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