Commentary to article 318. Encroachment on the honor and dignity of the President of the Republic of Kazakhstan and obstruction of his activities of the Criminal Code of the Republic of Kazakhstan of the Criminal Code of the Republic of Kazakhstan
1. Public insult or other encroachment on the honor and dignity of the President of the Republic of Kazakhstan —
is punishable by a fine in the amount of two hundred to seven hundred monthly calculation indices or in the amount of the convicted person's salary or other income for a period of two to seven months, or by community service for a period of one hundred and eighty to two hundred and forty hours, or correctional labor for up to one year, or arrest for up to five months, or imprisonment for a term of up to one year.
2. The same act committed with the use of mass media, —
is 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 to ten 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.
3. Influence in any form on the President of the Republic of Kazakhstan or his close relatives in order to prevent him from fulfilling his duties —
is punishable by restriction of liberty for a term of up to five years or imprisonment for the same term.
Note. Public statements containing critical statements about the policy pursued by the President of the Republic of Kazakhstan do not entail criminal liability under this article.
The President of the Republic of Kazakhstan is a symbol and guarantor of the unity of the people and state power, the inviolability of the Constitution, human and civil rights and freedoms (paragraph 2 of Article 40 of the Constitution of the Republic of Kazakhstan).
Paragraph 5 of Article 1 of Chapter 1 of the Decree of the President of the Republic of Kazakhstan "On the President of the Republic of Kazakhstan" dated December 26, 1995 states that the President of the Republic, his honor and dignity are inviolable. Encroachment on the honor and dignity of the President of the Republic is prosecuted by law.
The direct object of the crime is the normal activity of the President of the Republic of Kazakhstan to ensure the coordinated functioning of all branches of government. The objective side of the act is expressed in a public insult or other encroachment on the honor and dignity of the President of the Republic of Kazakhstan.
An insult is understood as the actions of a guilty person, which are expressed in insulting not only the personal, human, professional, official dignity of the President as a representative of government, but also as the head of state, his highest official, who determines the main directions of domestic and foreign policy of the state and represents Kazakhstan domestically and in international relations.
If offensive actions or statements are directed at government agencies, enterprises, organizations in general, and not specifically at the President, there will be no corpus delicti.
An insult can also be expressed in physical actions (for example, ripping off a button, spitting in the face, slapping, indecent gestures, and so on) that humiliate the dignity of the President. Although this form of insult is not explicitly mentioned in the law, in practice it should not be categorically excluded from the list of actions forming the concept of insult. 318 of the Criminal Code of the Republic of Kazakhstan is the publicity of an insult, that is, in the presence of at least one person.
Any other infringement on the honor and dignity of the President of the Republic of Kazakhstan should be understood as any actions of the perpetrator, for example, posting leaflets with a caricature of the President or insulting statements on the phone in the presence of another person.
The crime is considered over from the moment of the insult.
On the subjective side, the crime is committed with direct intent. The perpetrator is aware that he is publicly encroaching on the honor and dignity of the President of the Republic of Kazakhstan and wishes to do so.
The subject of the crime is a sane individual who has reached the age of 16.
Part 2 of Article 318 of the Criminal Code establishes criminal liability for the same acts committed using mass media. This should be understood as public insults of the President of Kazakhstan on television, radio, in the periodical press, and so on. Actions are recognized as degrading the honor and dignity of the President of Kazakhstan not only according to the conviction of the victim himself, but also according to the conviction of the public.
Part 3 of Article 318 of the Criminal Code of the Republic of Kazakhstan provides for criminal liability for influencing the President of the Republic of Kazakhstan or his close relatives in any form in order to prevent him from fulfilling his duties. Influence should be understood as actions expressed in any form: delaying departure for an official interstate meeting, disinformation of the President, threatening the President or his close relatives, and the like. Actions can be expressed both verbally and in writing.
Obstruction may be expressed in an attempt to prevent, terminate, or modify the President's activities in the present or to prevent or prevent him from fulfilling his duties in the future. At the same time, obstruction covers not only the working hours of the President of Kazakhstan, but also off-duty hours.
A note to Article 318 of the Criminal Code states that public statements containing critical statements about the policy pursued by the President of the Republic of Kazakhstan do not entail criminal liability under this article.
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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