Commentary to article 269. Release or sale of goods, performance of works or provision of services that do not meet the safety requirements of the Criminal Code of the Republic of Kazakhstan of the Criminal Code of the Republic of Kazakhstan
1. The release or sale of goods, the performance of works or the provision of services that do not meet the requirements for the safety of life or health of consumers, as well as the unlawful issuance or use of an official document certifying the compliance of these goods, works or services with safety requirements, if these acts negligently caused harm to human health., —
are punishable by a fine in the amount of five hundred to seven hundred monthly calculation indices or in the amount of the convicted person's salary or other income for a period of five to seven months, or by restriction of liberty for up to three years, or by imprisonment for up to two years with deprivation of the right to hold certain positions or engage in certain activities for up to three years or without one.
2. The same acts if they are: a) committed in relation to goods, works or services intended for minors;
b) negligently caused harm to the health of two or more persons;
c) caused the death of a person by negligence, —
are punishable by a fine in the amount of seven hundred to one thousand monthly calculation indices or in the amount of the convicted person's salary or other income for a period of seven months to one year, or by restriction of liberty for up to three years, or by imprisonment for up to five years with deprivation of the right to hold certain positions or engage in certain activities for up to three years or less.
3. The acts provided for in the first or second parts of this Article that negligently caused the death of two or more persons, —
are punishable by imprisonment for a term of four to eight years.
The public danger of this crime lies in the fact that its commission involves the threat of harm to the health of not an individual, but many people.
The consumer's right to the safety of goods (works, services) for his life and health is enshrined in the Law of the Republic of Kazakhstan "On Consumer Rights Protection" dated June 5, 1991. This right is ensured by the State, which establishes mandatory safety requirements for all producers of goods and performers of works and services. The Law of the Republic of Kazakhstan "On Environmental Protection" contains environmental requirements for the prevention of harm to the environment, human health and genetic resources. K070000212_
The object of the crime is the health of the population.
The objective side of the crime is expressed in one of the following crimes: a) the release of goods that do not meet the requirements for the safety of life or health of consumers; b) the sale of such goods; c) the performance of work or the provision of services that do not meet the requirements for the safety of life or health of consumers; d) the issuance or use of an official document certifying the conformity of these goods, works or services that meet safety requirements.
Release refers to the transfer or dispatch of products to the customer or their arrival at the manufacturer's warehouse after passing through the technical control department and processing documents certifying their compliance with state standards. Manufacturers can be any enterprises, regardless of their forms of ownership, as well as individual entrepreneurs who produce goods for sale.
The sale of goods is understood as their sale through a purchase and sale transaction. The sale of goods that do not meet safety requirements can be carried out in various trading enterprises, regardless of their forms of ownership, as well as by individual entrepreneurs.
Performance of works and provision of services means that a person performs certain types of work (services) on the basis of a contract with a consumer if these works (services) do not meet safety requirements.
The composition of the crime is material, it is recognized as completed from the moment the consequences occur in the form of harm to the health of at least one person.
The subject of a crime may be the heads of enterprises manufacturing products, performing work or providing services to consumers, as well as selling goods that do not meet safety requirements, individual entrepreneurs, employees of regulatory authorities who issue official documents certifying the compliance of these goods, works and services with safety requirements.
The subjective side of the crime is characterized by a careless form of guilt in relation to socially dangerous consequences. If the perpetrator acts with intent to cause the consequences specified in the law, liability is imposed under the articles on crimes against the person.
The following qualifying signs of these acts are provided for in Part 2 of Article 269 of the Criminal Code of the Republic of Kazakhstan: a) committed in relation to goods, works or services intended for minors; b) negligently caused harm to the health of two or more persons; c) negligently caused the death of a person.
The qualifying feature of a crime under Part 3 of Article 269 of the Criminal Code of the Republic of Kazakhstan is causing death by negligence to two or more persons.
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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