Commentary to article 321-1. Obstruction of the prosecutor's activities and failure to comply with his legal requirements of the Criminal Code of the Republic of Kazakhstan and the Criminal Code of the Republic of Kazakhstan
Failure to comply with acts of prosecutorial supervision, as well as obstruction of its activities, if this has caused significant harm to the rights and legitimate interests of citizens or organizations, or to the legally protected interests of society or the state., -
is punishable by a fine in the amount of up to five hundred monthly calculation indices or in the amount of the convicted person's salary or other income for a period of two to six months, or by community service for a term of one hundred eighty to two hundred forty hours, or by arrest for a term of up to six months, or by imprisonment for a term of up to one year.
The public danger of this crime lies in the fact that its commission violates the principle guaranteed by the Constitution of the Republic of Kazakhstan that the Prosecutor's Office exercises supreme supervision over the accurate and uniform application of laws, decrees of the President of the Republic of Kazakhstan and other regulatory legal acts on the territory of the Republic of Kazakhstan (art. 83 of the Constitution of the Republic of Kazakhstan).
The object of the crime is the activity of the prosecutor based on the Constitution of the Republic of Kazakhstan and regulated by the Law of the Republic of Kazakhstan "On the Prosecutor's Office of the Republic of Kazakhstan" and the fulfillment of his legal requirements.
The objective side of the crime under consideration is expressed in the obstruction of the prosecutor's activities and in the failure to comply with his legal requirements.
Failure to comply with acts of prosecutorial supervision consists in failure to comply with the requirements (instructions) contained in the legal acts of supervision: protest, resolution, prescription, sanction, instruction (art. 6 of the Law of the Republic of Kazakhstan "On the Prosecutor's Office of the Republic of Kazakhstan").
Obstruction can be different: in the form of requests, blackmail, persuasion. Obstruction is associated with the construction of various kinds of obstacles to the legitimate activities of the prosecutor.
For the existence of the corpus delicti of this crime, it is necessary that the obstruction be provided to legitimate activities, and failure to comply with the legitimate demands of the prosecutor.
A crime is considered to be over from the moment it causes significant harm to the rights and legitimate interests of society and the State.
Such consequences as unlawful criminal prosecution, unlawful conviction, making an unlawful decision in a civil case or when considering administrative material can be recognized as significant harm.
The subjective side of this crime can be expressed both in direct and indirect intent. The perpetrator must be aware of the socially dangerous nature of the acts being committed, anticipate the possibility or inevitability of causing significant harm, and be willing to either consciously allow it to occur, or be indifferent.
The subject of the crime is general, that is, any sane individual who has reached the age of 16.
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
Constitution Law Code Standard Decree Order Decision Resolution Lawyer Almaty Lawyer Legal service Legal advice Civil Criminal Administrative cases Disputes Defense Arbitration Law Company Kazakhstan Law Firm Court Cases
