Commentary to article 319. Encroachment on the honor and dignity of a deputy and obstruction of his activities of the Criminal Code of the Republic of Kazakhstan of the Criminal Code of the Republic of Kazakhstan
1. Publicly insulting a deputy of the Parliament of the Republic of Kazakhstan in the performance of his parliamentary duties or in connection with their performance —
is punishable by a fine in the amount of one hundred to five hundred monthly calculation indices or in the amount of the convicted person's salary or other income for a period of one to five months, or community service for up to one hundred and eighty hours, or correctional labor for up to one year, or restriction of liberty for the same period, or arrest for up to four months.
2. The same act committed with the use of mass media, —
is punishable by a fine in the amount of three hundred to eight hundred monthly calculation indices or in the amount of the convicted person's salary or other income for a period of three to eight months, or correctional labor for a term of one to two years, or restriction of liberty for a term of up to two years, or arrest for a term of up to six months, or imprisonment for a period of up to two years.
3. Influence in any form on a deputy of the Parliament of the Republic of Kazakhstan or his close relatives in order to prevent him from fulfilling his duties —
is punishable by correctional labor for a term of up to two years, or by restriction of liberty for a term of up to three years, or by imprisonment for the same term.
Note. Public statements containing critical statements about the parliamentary activities of a member of Parliament do not entail criminal liability under this article.
The direct object of this crime is the normal activity of a deputy of the Parliament of the Republic of Kazakhstan in the performance of his parliamentary duties.
According to paragraph 1 of Article 31 of the Decree of the President of the Republic of Kazakhstan, which has the force of law, "On the Parliament of the Republic of Kazakhstan and the status of its deputies" dated October 16, 1995, influence in any form on a deputy or his close relatives in order to prevent the performance of parliamentary duties entails liability in accordance with the law of the Republic of Kazakhstan. The objective side of the analyzed act is expressed in the public insult of a deputy of the Parliament of the Republic of Kazakhstan in the performance of his parliamentary duties or in connection with their performance.
An insult in this article refers to the actions of the guilty person, which are expressed in insulting not only the personal, human, professional, official, official dignity as a representative of the government, but also as a member of Parliament. At the same time, offensive actions or statements directed at government agencies, enterprises, or organizations in general, rather than specifically at a member of Parliament, are not covered by this composition.
The obligatory signs of a crime are the publicity of an insult, that is, in the presence of at least one person, and insulting while performing his parliamentary duties or in connection with their performance.
The crime is considered over from the moment of the insult. In cases where the insult was committed in the absence of the victim, from the moment other persons reported the insults to him.
On the subjective side, the crime is committed with direct intent. The culprit is aware that he is publicly insulting a member of the Parliament 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 319 of the Criminal Code establishes criminal liability for the same acts committed using mass media. This should be understood as public insults of a member of Parliament on television, radio, in the periodical press, and so on.
Part 3 of Article 319 of the Criminal Code of the Republic of Kazakhstan provides for criminal liability for influencing in any form a deputy of the Parliament of the Republic of Kazakhstan or his close relatives in order to prevent them from fulfilling their duties. Influence should be understood as actions expressed in any form: in putting up posters with a caricature of a member of Parliament or in threatening over the phone 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 activities of a member of Parliament 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 period of performance of parliamentary duties, but also any other time.
According to the notes to Article 319 of the Criminal Code, public statements containing critical statements about the parliamentary activities of a member of Parliament 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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