Commentary to article 252. Illegal manufacture of weapons of the Criminal Code of the Republic of Kazakhstan of the Criminal Code of the Republic of Kazakhstan

     1. Illegal manufacture or repair of firearms, their components, as well as illegal manufacture of ammunition, explosives or explosive devices —      

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

2. The same acts committed by a group of persons by prior agreement or repeatedly, —      

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

3. The acts provided for in the first or second parts of this Article committed by an organized group, —      

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

4. Illegal manufacture of gas weapons, bladed weapons, including throwing weapons —      

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 up to four months, or by community service for a term of one hundred eighty to two hundred forty hours, or by correctional labor for a term of up to two years, or by arrest for a term of up to six months, or by imprisonment for a period of up to two years.

     Note. A person who voluntarily surrenders the items specified in this article shall be released from criminal liability if his actions do not contain elements of another crime.

     The public danger of this crime is due to the high degree of danger of harming people, as well as the trend of violent armed crime and illegal arms business.      The object is public safety in the sphere of trafficking in certain types of weapons.      

The subject of the crime is firearms, their components, as well as ammunition, explosives or explosive devices.      

The objective side of the crime is expressed in the illegal manufacture or repair of firearms, their components, as well as the illegal manufacture of ammunition, explosives or explosive devices.      

Manufacturing refers to their creation by an artisanal or factory method, the alteration of any objects (for example, rocket launchers), as a result of which they acquired the properties of firearms or cold steel.      

Under repair — troubleshooting, weapon breakage, and returning it to its intended purpose. The illegality of the manufacture or repair of weapons or other relevant items will be evidenced by the fact that they were carried out in violation of the Law of the Republic of Kazakhstan "On State Control over the Turnover of Certain Types of Weapons" dated December 30, 1998 (as amended and supplemented).      

The crime should be considered completed by the time firearms and other items are fully created in their finished form during manufacture and at the time of restoration of their damaging properties, during repair. The manufacturing and repair process itself, when everything has not yet been done to get the finished result, should be considered an attempted crime. The manufacture or repair of weapons and their subsequent carrying, sale, transfer, transportation are classified according to the totality of crimes provided for in Articles 251, 252 of the Criminal Code.      

The purchase of unusable components (in the absence of signs of theft), for the purpose of their subsequent repair, should be qualified as preparation for the manufacture of firearms (part 1 of art.24, art. 252 of the Criminal Code).      

The subjective side of the crime is characterized by an intentional form of guilt and only by direct intent.      The subject of the crime is a sane individual who has reached the age of 16.      

Part 2 of Article 252 of the Criminal Code of the Republic of Kazakhstan provides for responsibility for the commission of a crime:

1) by a group of persons by prior agreement;

2) repeatedly, and Part 3 of Article 252 of the Criminal Code of the Republic of Kazakhstan — by an organized group.      

A crime is considered to have been committed by a group of persons by prior agreement if it involved persons who had previously agreed to commit a crime together.      

For this crime, repetition should be understood as the commission in any sequence of two or more crimes provided for in Parts 1 and 2 of Article 252 of the Criminal Code of the Republic of Kazakhstan, if a person has not been released from criminal liability for previously committed crimes, or a criminal record for them has not been withdrawn or extinguished.      

A crime is considered to have been committed by an organized group if it was committed by a stable group of persons who had previously united to commit one or more crimes.      

Part 4 of Article 252 of the Criminal Code of the Republic of Kazakhstan provides for liability for the illegal manufacture of gas weapons, cold weapons, including throwing weapons.      

A gas weapon is a weapon designed to temporarily destroy a live target by using tear gases or irritating substances.      

A note to this rule specifies the conditions for exemption from criminal liability: if a person voluntarily surrenders the items specified in this article and his actions do not contain elements of another 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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