Commentary to article 25. The finished crime The Criminal Code of the Republic of Kazakhstan of the Criminal Code of the Republic of Kazakhstan

     A crime is considered completed if the act committed by a person contains all the elements of a crime provided for in this Code.      

When deciding whether there are signs of a completed crime in a particular socially dangerous act, first of all, one should proceed from the definition of this crime in the Special Part of the Criminal Code of the Republic of Kazakhstan.      

In crimes with a material composition, the recognition of the crime as completed is associated with the moment of occurrence of the harmful consequences specified in the law. Thus, murder (Article 96 of the Criminal Code) is recognized as a completed crime from the moment of biological death. Theft (Article 175 of the Criminal Code), fraud (Article 177 of the Criminal Code) and robbery (Article 178 of the Criminal Code) are considered completed if the property is seized and the perpetrator has a real opportunity to use or dispose of it at his discretion.      

In crimes with the so-called formal structure (Articles 120, 130, 179, etc.), the act is considered completed from the moment of the commission of socially dangerous actions specified in the law, regardless of what harmful consequences occurred later from the behavior of the perpetrator. Thus, insulting (Article 130 of the Criminal Code) is a completed crime from the moment of humiliation of another person's honor and dignity, expressed in an indecent form.      

In the criminal legislation of the Republic of Kazakhstan, there are such crimes in which the moment of the end of the crime is transferred to earlier stages of the development of criminal activity - an attempt or even preparation for a crime. Such types of crimes in the theory of criminal law are called truncated types of crimes.      

Such crimes include, for example, espionage (Article 166 of the Criminal Code), banditry (Article 237 of the Criminal Code). Thus, the composition of banditry (Article 237 of the Criminal Code) is defined in the law as the creation of a stable armed group (gang) for the purpose of attacking citizens or organizations, as well as the leadership of such a group (gang). In accordance with this, banditry is recognized as a completed crime from the moment of the creation of a stable armed group (gang), i.e. from the moment of preparation for the commission of a crime, although the perpetrator has not caused any real harm to legally protected public relations.      

When establishing the signs of a completed crime, the law usually indicates only the necessary minimum of socially dangerous actions and harmful consequences, or only the minimum of socially dangerous actions, the commission of which gives grounds to bring the perpetrator to criminal responsibility for this crime. However, it is not uncommon for the perpetrator to commit such acts and continue his criminal activities in an effort to achieve certain goals that are not mentioned in this crime. For example, the perpetrator, having taken possession of someone else's property and thus fulfilled the theft, then sells the stolen goods. Such activities usually have no effect on qualifications, but can be taken into account when imposing punishment.      

In the process of continuing the crime, actions may be committed that significantly change the legal assessment of what has been done, forming part of another, more serious crime. For example, committing indecent acts against a woman under the age of 14 (Article 124 of the Criminal Code) may escalate into rape of a woman under the age of 14 (paragraph "b" of Part 3 of Article 120 of the Criminal Code). In this case, the deed is qualified under the article providing for a more serious crime.

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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