Commentary to article 340. Encroachment on the life of a person exercising justice or preliminary investigation of the Criminal Code of the Republic of Kazakhstan of the Criminal Code of the Republic of Kazakhstan

     Encroachment on the life of a judge, prosecutor, investigator, person conducting an inquiry, defender, expert, bailiff, bailiff, as well as their relatives in connection with the consideration of cases or materials in court, the conduct of a preliminary investigation or the execution of a sentence, court decision or other judicial act, committed in order to impede the legitimate activities of these persons or out of revenge for such activities, —    

is punishable by imprisonment for a term of ten to twenty years, or by death penalty, or by life imprisonment.

     The Constitution of the Republic of Kazakhstan, in Article 15, guarantees every citizen the right:     

a) life is the natural and inalienable right of every human being. No one can be arbitrarily deprived of his life.;    

 b) the inviolability of human honor and dignity. Because of this, liability under the analyzed article of the Criminal Code of the Republic of Kazakhstan can take place only if there is an encroachment on the lives of persons defined by the disposition of the article.      The public danger of this encroachment lies in the violation of the constitutional rights and guarantees of every person and citizen of the State.      

The object of the crime is the normal activities of the judicial authorities, the prosecutor's office, as well as the bodies conducting the preliminary investigation. Victims of this crime may be a judge, a juror, a prosecutor, a person conducting an inquiry, a defense lawyer, an expert, a bailiff, a bailiff, as well as relatives of the listed persons. The criminal law does not recognize the witness and the victim among the possible victims of this crime.    

  The category of relatives should include close relatives, as well as other persons whose life, health and well-being are dear to the persons specified in art.340 of the Criminal Code. In accordance with Article 7 of the Criminal Procedure Code of the Republic of Kazakhstan, parents, children, adoptive parents, adopted children, full and half-siblings, grandfathers, grandmothers and grandchildren should be considered close relatives. In addition to close relatives, relatives can include a spouse, a bride, and friends.  

   The type of crime in question is one of two-object crimes. The person committing it, in addition to encroaching on the specified main object, encroaches on an additional object – the victim's life.    

The objective side of this crime is expressed in an encroachment on the life of a person carrying out justice or preliminary investigation, as well as on the lives of other persons specified in the disposition of the specified article of the Criminal Code.   

   An attempt on life should be understood as both murder and attempted murder of persons specified in art. 340 of the Criminal Code. If, as a result of an attempt on the life of a person carrying out justice or a preliminary investigation, the victim has died, this should be taken into account when the court imposes punishment on the perpetrator.   

  An obligatory sign of an objective party is the commission of an attempt on life in connection with the consideration of a criminal, civil or administrative case, as well as materials in court, or in connection with the conduct of a preliminary investigation or the execution of a sentence, court decision or other judicial act. Consideration of materials in court should be understood, for example, consideration of materials on the appointment of compulsory medical or educational measures, on the cancellation of a suspended sentence or postponement of serving a sentence, on parole, etc.     

The composition of the crime is considered completed from the moment of the attempted murder. Therefore, it can be classified as truncated.    

 The subjective side of the crime is characterized by direct intent. The perpetrator, while committing the crime in question, is aware that he is attempting to kill or kill a person administering justice or conducting a preliminary investigation or inquiry, or his relatives in connection with the consideration of the case or materials in court, with the conduct of a preliminary investigation, inquiry, or with the execution of a sentence, court decision, or other judicial act, and desires death. the victim. Mandatory signs of the subjective side of this crime are: its purpose is to obstruct the legitimate activities of the persons specified in the disposition of Article 340 of the Criminal Code, or the motive is revenge for activities related to the administration of justice, or the conduct of a preliminary investigation or inquiry, or the execution of a sentence, decision or other judicial act.     

 In order to be held accountable under the article in question, it is sufficient to establish either the purpose or the motive specified in its disposition. Thus, a crime can be committed both during the period when the victim performs his official functions in the administration of justice, conducting a preliminary investigation or inquiry, executing a sentence, court decision, or other judicial act, and after some time after the victim performs his functional duties, when the crime is committed out of revenge.   

   If an attempt on life is committed not in connection with the above actions and not for the purpose of obstructing the legitimate activities of the persons mentioned in the article of the Criminal Code, as well as not out of revenge for the consideration of cases or materials in court, the conduct of a preliminary investigation or the execution of a sentence, court decision or other judicial act, then liability is imposed under art. 96 or 24; 96 of the Criminal Code.  

   The subject of the crime in question may be a sane individual who has reached the age of 16. The actions of persons who committed this crime between the ages of 14 and 16 are subject to qualification under Article 96 of the Criminal Code.

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