Commentary to article 273. Illegal distribution of pornographic materials or objects of the Criminal Code of the Republic of Kazakhstan of the Criminal Code of the Republic of Kazakhstan
Illegal production for the purpose of distribution or advertising, distribution, advertising of pornographic materials or objects, as well as illegal trade in printed publications, film or video materials, images or other pornographic objects —
are punishable by a fine in the amount of five hundred to one thousand monthly calculation indices or in the amount of the convicted person's salary or other income for a period of five months to one year, or correctional labor for up to two years, or imprisonment for up to two years with confiscation of pornographic materials or objects, as well as the means of their manufacture or playback.
The object of the crime in question is public morality.
The subject of the crime is various materials and objects of a pornographic nature (printed publications, film and video materials, images and paintings, drawings, sculptures of an obscene nature). Other items may include audio recordings, records, and pornographic CDs. Pornography should be understood as a cynical, extremely obscene image of anything related to sexual relations.
The objective side of the crime being analyzed is expressed in the illegal manufacture for the purpose of distribution or advertising, distribution, advertising of pornographic materials or objects, as well as illegal trade in printed publications, film and video materials, images or other pornographic objects.
Fabrication should be understood as the creation of objects and materials of a pornographic nature in any way: writing a book, article, script, photographing and developing photographic materials, shooting a movie or video, modeling, and the like, as well as replicating a ready-made object or material (printing photographs and copies of films and videotapes). The term "production" implies both the creation process itself and its result, that is, the production of finished material or an object of a pornographic nature.
A prerequisite for criminal liability for this crime is the purpose of distributing or advertising pornographic materials. The production of written, printed materials, photographs, drawings, films or videos for personal use or their use in a narrow circle of persons does not entail criminal liability under art. 273 of the Criminal Code of the Republic of Kazakhstan. In the event that they are used for indecent acts, their use, but not manufacture, may entail criminal liability under art. 124 of the Criminal Code of the Republic of Kazakhstan "Corruption of minors".
Distribution should be understood as the transfer of any pornographic objects to others for the purpose of their acquaintance. Dissemination entails criminal liability only if these materials are transmitted to many persons, most often to an indefinite number of persons. The demonstration or transmission of pornographic objects for familiarization to family members or a close circle of their acquaintances is not considered distribution.
Advertising should be understood as exposing such items to the public or communicating information about them to an indefinite circle of people in any way (distribution of letters, flyers, advertisements in the media). Pornographic objects can be advertised and distributed by their manufacturers as well as by other persons.
Trade should be understood as the sale of pornographic materials or an offer for sale (the so-called public offer). Trade always involves the conclusion of a purchase and sale agreement, that is, it is of a retaliatory nature. This corpus delicti is formal, it is considered completed at the time of the commission of these actions. The subject of the crime in question is a person who has reached the age of 16.
The subjective side is characterized by direct intent: the perpetrator is aware that he manufactures, distributes, advertises or sells pornographic materials and objects, and desires this. In the manufacture of pornographic materials and objects, a mandatory feature of the subjective side of the crime is the goal — to distribute or advertise such products.
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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