Commentary to article 369. Violent actions against the head of the Criminal Code of the Republic of Kazakhstan of the Criminal Code of the Republic of Kazakhstan

     1. Beatings, minor injury to health, or the use of other violence against a superior committed during the performance of his duties of military service or in connection with the performance of these duties, — shall be punishable by restriction on military service for a term of up to two years, or by detention in a disciplinary military unit for a term of up to two years, or by imprisonment for a period of up to five years.      

2. The same acts committed by: a) a group of persons, a group of persons by prior agreement or an organized group; b) using weapons; c) causing serious or moderate harm to health or other serious consequences — shall be punishable by imprisonment for a term of three to ten years.      

3. The acts provided for in the first or second parts of this Article, committed during wartime or in a combat situation, shall be punishable by imprisonment for a term of five to twenty years or by death penalty or life imprisonment.

     The public danger of this act is to reduce the state's defense capability, it leads to the disruption of military activities and the implementation of decisions taken.       The direct object of this crime is the order of military subordination, the life and health of the chief, who is such both by official position and military rank.      The objective side of this assault is expressed in the commission of violent acts against the boss by beating, causing minor injury to health or using other violence.    

 Signs of beatings and minor harm to health are given in the commentary to art. 368 of the Criminal Code of the Republic of Kazakhstan.       Other violence should be understood as any one-time violent act that did not result in a health disorder (pushing, twisting, kicking, pinching fingers without signs of torture, etc.). A necessary sign of a crime is the commission of violent acts against a superior during the performance of his military service duties or in connection with the performance of these duties.     

 The performance of military service duties is understood, in particular, the performance of official duties established by military regulations, combat duty, execution of orders, orders or tasks given and assigned by the commander (chief).      The crime in question can also be committed when the chief is not directly performing military service duties, but violence is used against him in connection with the performance of these duties. In such cases, during the use of violence, the chief may not be in the performance of military service duties, or may remain outside the military unit or place of service.       The crime is considered over from the moment of beatings, minor injury to health or other violence.    

The subjective side is characterized by direct intent. The perpetrator is aware that he is inflicting beatings, causing minor harm to health, or using other violence against his superior during or in connection with the performance of his military service duties, and desires this. The motives for violent actions against the boss may be dissatisfaction with his official activities, revenge for this activity. If the motive is personal hostility, then the composition of this crime is excluded. The acts committed in such cases should be classified as crimes against the person.    

The subject of a crime is any serviceman who is permanently or temporarily subordinate to this superior by official position or military rank.      369 of the Criminal Code of the Republic of Kazakhstan provides for liability for the same acts committed: a) by a group of persons, a group of persons by prior agreement or an organized group; b) with the use of weapons; c) with the infliction of serious or moderate harm to health or other serious consequences.       These qualifying features are similar to the qualifying circumstances provided for in Parts 2 and 3 of art. 368 of the Criminal Code of the Republic of Kazakhstan.      Part 3 of this norm provides for liability for the acts specified in parts 1 and 2 of this article, committed during wartime or in a combat situation. These signs are considered in previous crimes.      

Article 369 of the Criminal Code establishes criminal liability of a subordinate for violent acts against a superior committed in connection with his lawful actions in the service, in the interests of the service and in accordance with the requirements of military regulations. If violence against the boss was a defense against illegal actions on the part of the boss himself, liability under Article 369 of the Criminal Code is excluded. Such violence, depending on the specific circumstances, may be considered necessary defense or a crime against the individual.      

The crime provided for in Part 1 of Article 369 of the Criminal Code of the Republic of Kazakhstan refers to crimes of moderate severity.      

The crime provided for in Part 2 of Article 369 of the Criminal Code of the Republic of Kazakhstan refers to serious crimes.      The crime provided for in Part 3 of Article 369 of the Criminal Code of the Republic of Kazakhstan is considered a particularly serious crime.

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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