Commentary to article 242. Knowingly false report of an act of terrorism of the Criminal Code of the Republic of Kazakhstan of the Criminal Code of the Republic of Kazakhstan

     A deliberately false message about an impending act of terrorism, —      

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 correctional labor for a term of one to two years, or arrest for a term of up to six months, or imprisonment for a term of up to three years.

     "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."      

The public danger of a crime lies in the fact that as a result of a false report about an impending act of terrorism, panic and fear are created among the population, and a significant number of people are distracted by the search and neutralization of explosives.      

The immediate object of the crime is public safety.      

An additional object is the established management procedure, the normal activities of institutions, enterprises and organizations.      

The objective side of the crime under consideration is expressed in a deliberately false report about an impending act of terrorism. A false report means information that does not correspond to reality. A false message can be expressed in various forms: orally, in writing, using technical means, etc. A false message is brought to the attention of both organizations, institutions, or officials who are required to respond to reports of an act of terrorism, as well as the public, individual citizens in order to cause panic, fear, disorder, etc.      

The subjective side of the crime is characterized by an intentional form of guilt and only by direct intent. The main feature of the subjective side is the person's awareness of the falsity of his message. Therefore, if a person was mistaken in good faith about the nature of his message, then criminal liability under this article is excluded.      The subject of the crime is a sane individual who has reached the age of 14.

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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