Commentary to article 371. Insulting a serviceman of the Criminal Code of the Republic of Kazakhstan of the Criminal Code of the Republic of Kazakhstan

     1. Insulting one serviceman of another during or in connection with the performance of military service duties, —      

is punishable by arrest for a term of up to three months, or restriction on military service for a term of up to six months.    

2. Insulting by a subordinate of a superior, as well as by the superior of a subordinate during the performance of military service duties or in connection with the performance of these duties, —    

 is punishable by restriction on military service for up to one year, or by arrest for up to six months, or by detention in a disciplinary military unit for up to one year.

     The public danger of this act lies in the fact that it reduces the cohesion of the military team, violates the principles of military camaraderie, mutual assistance and mutual assistance in the performance of combat missions and other official assignments. Military regulations oblige a serviceman to cherish the honor and military glory of the Armed Forces of the Republic of Kazakhstan, his honor and the honor of his military rank, and to show respect to commanders (superiors) and seniors.    

The immediate object of the crime is the order of observance of military honor and respect for the personal dignity of military personnel during or in connection with the performance of their duties of military service.   

   The objective side is expressed in insulting one serviceman to another during or in connection with the performance of military service duties, in a negative assessment of the victim's personality as a serviceman and citizen, humiliating his reputation in the eyes of others, discrediting his human dignity and military rank (for example, spitting, slapping, tearing off shoulder straps, etc.).    

 If an insult is committed on the basis of personal relations between military personnel and is not related to the performance of military service, then it cannot be recognized as a military crime and is qualified under Article 130 of the Criminal Code.  

   130 of the Criminal Code of the Republic of Kazakhstan), insulting a serviceman is distinguished by the fact that it encroaches on the honor and dignity of a person and, at the same time, on the established order of relations between military personnel, as well as the fact that it is associated with the performance of military service duties by one of the servicemen, that is, it takes place either during the performance of such duties. duties, or in connection with their performance.

    The crime is considered over from the moment the offensive acts are committed.   

 The subjective side of the crime is characterized by direct intent: the perpetrator is aware that by his actions he offends the victim and desires this, knowing that the act is committed by himself or the victim, or both are performing military service. At the same time, the perpetrator's intent is not aimed at causing physical pain or other violence to health, but at humiliating the honor and dignity of the victim. The motives and goals of the insult do not matter for qualification, but they can be taken into account when imposing punishment.    

A subject is any serviceman who is not in a subordinate relationship with the victim.  

   371 of the Criminal Code of the Republic of Kazakhstan provides for liability for insulting a subordinate of a superior, as well as a subordinate's superior during or in connection with the performance of military service duties. Unlike the composition provided for in Part 1 of Article 371 of the Criminal Code of the Republic of Kazakhstan, Part 2 of this norm indicates a relationship of subordination between the offended serviceman and the offender, respectively, the subject of this crime can be either a subordinate, a superior in position or a senior in military rank.      

The crimes provided for in Parts 1 and 2 of art. 371 of the Criminal Code of the Republic of Kazakhstan are minor crimes.

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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