Commentary to article 387. Intentional destruction or damage of military property of the Criminal Code of the Republic of Kazakhstan of the Criminal Code of the Republic of Kazakhstan

     1. Intentional destruction or damage of weapons, ammunition, vehicles, military equipment or other military property, —    

are punishable by restriction on military service for a term of up to two years, or by arrest for a term of up to six months, 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 two years.    

2. The same actions that had serious consequences, —   

  are punishable by imprisonment for a term of up to five years.

     The public danger of this act lies in the fact that it destroys or threatens to destroy the material base of the Armed Forces, other troops and military formations of the Republic of Kazakhstan, thereby reducing the state's defense capability, leading to the disruption of military measures and the implementation of decisions taken.  

   The direct object of this criminal encroachment is the established procedure for the disposal and use of military property, which forms the material basis for the combat readiness and combat capability of the Armed Forces, other troops and military formations of the Republic of Kazakhstan.     

If these actions are committed against dual-use facilities at the disposal of military units (vehicles, radio stations, telephones, computers, etc.) that are not related to military property or items of military equipment, then responsibility arises for the intentional destruction or damage of someone else's property (art. 187 of the Criminal Code of the Republic of Kazakhstan) or the careless destruction or damage of someone else's property (art. 188 of the Criminal Code of the Republic of Kazakhstan).     

387 of the Criminal Code, it should be borne in mind that the concept of military property and military equipment is given in the Law of the Republic of Kazakhstan "On Defense and the Armed Forces of the Republic of Kazakhstan" dated January 7, 2005.     

Military property is defense facilities, all types of weapons, military equipment, ammunition, special equipment and other property that are under the operational control of state institutions of the Armed Forces, other troops and military formations.;      

Military equipment is weapons, combat vehicles, instruments, and other technical means that equip the Armed Forces, other troops, and military formations.    

 The subject of the crime is not any items that are supplied to the army and navy, but only those that are weapons, ammunition or items of military equipment. The destruction or damage of other military property constitutes, as noted above, crimes against property (Articles 187 and 188 of the Criminal Code of the Republic of Kazakhstan).      

A weapon is a weapon that is designed for attack and defense, which means firearms — submachine guns and machine guns, pistols, other types of firearms and edged weapons — daggers, bayonets, knives.  

   Ammunition — weapons designed to destroy enemy personnel and equipment — cartridges, grenades, explosives, smoke bombs, and others.     

Means of transportation — all types of transport entrusted to the official use of a serviceman, such as airplanes and helicopters, tanks and cars, motorcycles and armored personnel carriers, and others.     

Items of military equipment are various technical means in service with the military, related to the means of conducting or supporting military operations, and which do not fall under the concept of weapons and ammunition. These can be special cars, radio stations, chemical decontamination equipment, computers and binoculars, night vision devices, etc.      

Technical means that are not related to the conduct or support of military operations are not items of military equipment.    

 The objective side of the crime is expressed in actions related to the destruction or damage of weapons, ammunition, vehicles and military equipment.  

   Destruction means a form of influence on an object in which it is destroyed, ceases to exist.

The main indicator of destruction is the inability to restore an item for its intended use.    

 If the item is damaged, it is restored to a condition in which it can be repaired. Damage can lead to a complete or partial loss of its functional qualities (for example, a weapon that shoots with deviations or does not fire at all) or to the loss of its shape (a broken car body).    

 The methods of destruction or damage to military property may be physical destruction, destruction by explosion, arson, flooding, or the use of chemical agents that do not affect the qualification of a crime.     

A causal relationship must be established between the perpetrator's act and the consequences.    

 A crime is considered over when military property is destroyed or damaged.    

 The subjective side of this crime is characterized by guilt in the form of direct or indirect intent. The perpetrator is aware that he is destroying or damaging military property, anticipates their consequences, desires or consciously allows them, or treats them indifferently. The motives are different: hooligan motives, dissatisfaction with the service, the actions of commanders (superiors), colleagues, or revenge on the person responsible for the preservation of military property. The purpose of the crime is the desire to disable military equipment in order to stop work and conduct military operations. The motive and purpose do not affect the qualification of the crime, but the motive of the crime must be taken into account when determining the degree of public danger of the act.   

  The subject of the crime is a special one, i.e. any serviceman, as well as a conscript, called up for training.     

387 of the Criminal Code of the Republic of Kazakhstan as a qualifying feature provides for the onset of serious consequences. The severity of the consequences depends on the amount of material damage caused, the military value and uniqueness of the destroyed or damaged property, the importance of military, combat training and other events disrupted as a result of destruction or damage to property, the presence of accidents with people, and so on.   

  The amount of material damage resulting in a grave consequence is determined taking into account the specific circumstances.   

  Major material damage is damage to a military department as a result of the destruction or damage of military property in an amount five hundred times higher than the estimated figure established by the legislation of the Republic of Kazakhstan at the time of the commission of the crime.    

 The crime provided for in Part 1 of Article 387 of the Criminal Code of the Republic of Kazakhstan refers to crimes of minor gravity.   

  The crime provided for in Part 2 of Article 387 of the Criminal Code of the Republic of Kazakhstan refers to crimes of moderate severity.

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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