Commentary to article 388. Careless destruction or damage of military property of the Criminal Code of the Republic of Kazakhstan of the Criminal Code of the Republic of Kazakhstan
Careless destruction or damage of weapons, ammunition, vehicles or items of military equipment, resulting in serious consequences, —
are punishable by restriction on military service for a term of up to one year, 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 one year, or by imprisonment for the same term.
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 the crime under consideration 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 objects, for example, vehicles, radio stations, telephones, computers that do not belong to military property or items of military equipment, then liability arises for negligent damage or destruction of other people's property under art. 188 of the Criminal Code of the Republic of Kazakhstan.
The concepts of "military property" and "military equipment", "weapons", "ammunition", "vehicles", etc. are specified in the commentary of art. 387 of the Criminal Code of the Republic of Kazakhstan.
The objective side of this crime is expressed in the careless destruction or damage of weapons, ammunition, vehicles or items of military equipment that have serious consequences, i.e. these signs are similar to those provided for in Part 2 of Article 387 of the Criminal Code of the Republic of Kazakhstan, and differ only in the form of guilt.
A crime is considered completed from the moment of careless destruction or damage of weapons, ammunition, vehicles or items of military equipment, which entailed grave consequences.
The infliction of serious consequences, i.e. the destruction or damage of military property on a large or especially large scale, the disruption of combat or service tasks, death or serious harm to human health are an obligatory element of the composition of this crime.
The subjective side is characterized by a careless form of guilt in the form of arrogance or negligence.
With arrogance, the perpetrator is aware that he is violating the rules for saving military property, anticipates the possibility of destruction or damage to property, but does not allow it, hoping without sufficient reason to prevent this possibility by those measures that proved insufficient to prevent harmful consequences.
In case of negligence, the guilty person does not realize that his actions violate the rules for handling the relevant object, does not foresee the possibility of destroying or damaging this object, although he should have been aware of the nature of his act, anticipates the consequences and prevents their occurrence.
The subject of the crime is a special one, i.e. any serviceman of the Armed Forces of the Republic of Kazakhstan. The crime provided for in Article 388 of the Criminal Code of the Republic of Kazakhstan refers to crimes of minor gravity.
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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