Commentary to article 382. Abandonment of a dying warship of the Criminal Code of the Republic of Kazakhstan of the Criminal Code of the Republic of Kazakhstan

     1. Abandonment of a dying warship by a commander who has not fulfilled his official duties to the end, as well as by a person from the ship's crew without a proper order from the commander., —    

 is 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 term of up to five years.    

 2. The same act committed during wartime or in a combat situation, —    

 is punishable by imprisonment for a term of five to ten years.

     The public danger of this act lies in the fact that it reduces the state's defense capability and security at sea, threatens the life and health of people on board a military vessel, leads to the danger of environmental pollution of the water area, disrupts naval activities and the implementation of decisions taken.  

   Abandoning a sinking ship can cause panic and fear among the personnel, weaken, paralyze the struggle to save the ship, lead to casualties, loss of combat capability and the death of a warship or its capture by the enemy.      Public danger is also characterized by the fact that the commander leaves a dying warship without completing his official duties, as well as by a person from the ship's crew without an improper order or order from the commander.    

 The immediate object of the crime is the established procedure for military service on a warship, which ensures both the struggle for the survivability of the ship and its organized abandonment in the event of a threat of death, as well as the life and health of persons on board the warship.   

  The commander of a warship, like any other serviceman from the ship, must not spare his strength and life itself when performing military duty, and fulfill his military duty to the Motherland to the end. He cannot leave a sinking ship without fulfilling all his official duties, without first taking measures to save personnel, passengers, and valuable military property. The commander gets off the ship last.   

  Violation by the ship's commander of the requirements established by law can cause serious consequences, which may include the death of the ship, personnel, military equipment, military property, etc.   

  The objective side of this crime is characterized by the unlawful abandonment of a dying warship by a commander who has not fulfilled all his duties to the end, or by a person from the ship's crew without the permission of the commander.   

  The abandonment of a dying ship is understood as the departure from a ship that is in danger of death. The type of care does not affect the qualification. An obligatory sign of the composition of this crime is the presence of an environment threatening the death of the ship, created by hostilities or an emergency situation.  

   The commander is recognized as not having fulfilled his duties to the end if he left the dying ship without taking all measures to save the ship, if possible, and the ship's equipment, weapons and ammunition, documentation and other valuable property, did not evacuate the passengers and personnel of the ship.    

 If the commander did not have a realistic opportunity to perform all the actions prescribed to him, responsibility for abandoning the dying ship is excluded.  

   With regard to persons from the crew who left the ship without the permission of the commander, it is also necessary to establish whether they had the opportunity to obtain such permission.    

 This crime is considered completed from the moment the commander or a person from the crew of a sinking warship unlawfully or arbitrarily leaves, regardless of the actual occurrence of harmful consequences.  

    On the subjective side, the abandonment of a dying ship by a commander who has not fulfilled his duties to the end is committed intentionally.  

   The commander of the ship is aware that he has not fulfilled his official duties to the end in an environment threatening the death of the ship, foresaw the possibility or inevitability of socially dangerous consequences and wishes them to occur.    

 The abandonment of a dying warship by a person from the crew without the proper permission of the commander of the ship is also committed intentionally: the perpetrator is aware that he is leaving the dying ship without the permission of the commander.  

   Motives and goals do not affect qualifications, but they can be taken into account by the court when imposing punishment.      The subject of the crime is a special one, i.e. the commander of the ship or a person from the ship's crew. Other persons (passengers, personnel of units transported on the ship, and the like) may not be subjects of this crime.    

 Part 2 of Article 382 of the Criminal Code of the Republic of Kazakhstan provides for increased criminal liability for this crime committed during wartime or in a combat situation, the definition of which is given in the analysis of Article 367 of the Criminal Code of the Republic of Kazakhstan.    

 The crime provided for in Part 1 of Article 382 of the Criminal Code of the Republic of Kazakhstan refers to crimes of moderate severity.      The crime provided for in Part 2 of Article 382 of the Criminal Code of the Republic of Kazakhstan refers to serious 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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