Commentary to article 83. The content of compulsory educational measures of the Criminal Code of the Republic of Kazakhstan of the Criminal Code of the Republic of Kazakhstan
1. A warning consists in explaining to a minor the harm caused by his act and the consequences of the repeated commission of crimes provided for in this Code.
2. Transfer under supervision consists in assigning to parents or persons replacing them, or to a specialized state body, the duties of educational influence on a minor and control over his behavior.
3. The obligation to make amends for the damage caused is imposed taking into account the property status of the minor and the availability of appropriate work skills.
4. The restriction of leisure time and the establishment of special requirements for the behavior of a minor may include a ban on visiting certain places, using certain forms of leisure, including those related to driving a motor vehicle, restricting staying outside the house after a certain time of day, traveling to other areas without the permission of a specialized government agency. A minor may also be required to return to an educational institution, continue or complete his studies, or find a job with the help of a specialized government agency. This list is not exhaustive.
5. Placement in a special educational or medical educational institution for a period of six months to two years may be assigned by a court to a minor who has committed an intentional crime of moderate gravity. Stay in these institutions may be terminated prematurely due to the person reaching the age of majority, and also if, based on the conclusion of a specialized state body providing correction, the court concludes that the minor does not need to apply this measure in order to correct himself in the future.
6. The extension of stay in a special educational or medical educational institution for minors after the expiration of the period provided for in part five of this Article is allowed only if it is necessary for a minor to complete general education or vocational training, but no more than before he reaches the age of majority.
7. The procedure and conditions for the stay of minors in special educational and medical educational institutions are determined by legislation.
The commented article reveals the content of each type of compulsory educational measures. It should be borne in mind here that the low level of self-control inherent in minors requires, along with the chosen measure of educational influence, the adoption of other measures that would ensure external control over his behavior.
In accordance with Part 1 of Article 83 of the Criminal Code of the Republic of Kazakhstan, a warning consists in explaining to a minor the harm caused by his act and the consequences of a new commission of crimes provided for in this Criminal Code. The warning has important educational and legal significance.
Transfer to supervision consists in assigning to parents or persons replacing them, or a specialized state body, the responsibility of educating a minor and monitoring his behavior. When applying this compulsory measure, parents are limited in the ways of fulfilling this duty: the parent's duty is specified, and he is instructed, for example, to ensure control over the child's free time, not to allow the child to leave the house after a certain hour, etc. This measure is a kind of warning to parents and others about the possibility of holding their child (ward) accountable in order to encourage them to become more active in educational activities. Let's give an example. At the age of 14, A. broke into the apartment of Mr. K. and stole a SEGA video game console worth 3,000 tenge. During the consideration of the criminal case by the Leninsky judicial district of Karaganda, it was established that A. He committed a crime for the first time, was not registered with the Juvenile Affairs Inspectorate, was positively characterized at his place of residence and study, and fully admitted his guilt in the crime. The court, taking into account these circumstances, released him from punishment and assigned him the measures of educational influence provided for in paragraphs "a", "b", part 1 of Article 82 of the Criminal Code of the Republic of Kazakhstan, namely, to warn and place him under the supervision of his parents.
In the event that parents and other persons do not agree to accept the duty of supervision, or are unable to properly fulfill this duty, due to the state of health, financial situation, inability to exercise effective control over the teenager and other circumstances related to moral qualities, the negative attitude of these persons to their responsibilities for the upbringing of minors, preference is given to specialized to a government agency.
The obligation to make amends for the damage caused is assigned taking into account the property status and work skills of the minor. Civil legislation provides for property compensation for moral damage, however, in some cases, with the consent of the victim, moral damage can be compensated by an apology from the violator. When considering a civil claim in a criminal case, it should be assumed that by virtue of art. 926 of the Civil Code of the Republic of Kazakhstan, minors between the ages of 14 and 18 are independently responsible for the harm caused (including moral harm) on general grounds. For example, underage T., a student at Karaganda Polytechnic College, called the Mikhailovsky police department and reported that a bomb had been planted in the college building. During the investigation, it was found out that T. was not ready for classes on copromat, and therefore, in order to disrupt the classes, he called the police. During the trial, the court found that T. He committed a crime for the first time, was positively characterized at his place of residence and study, was not registered with the juvenile Affairs Inspectorate, and also that after graduation he moonlights as a car mechanic in a private workshop. The court decided to release T. from punishment and assigned him the measures of educational influence provided for in paragraphs "a", "b", part 1 of Article 82 of the Criminal Code of the Republic of Kazakhstan, namely, to warn and impose the obligation to make amends for the damage caused to state organizations that traveled to this incident.
In paragraph 28 of the Normative Resolution of the Supreme Court of the Republic of Kazakhstan dated April 11, 2002 No. 6 "On judicial practice in cases of juvenile delinquency and their involvement in criminal and other antisocial activities" (as amended by the normative Resolution of the Supreme Court of the Republic of Kazakhstan dated 07/11/03 No. 4) states that in cases where a minor between the ages of 14 and 18 does not have income or other property sufficient to compensate for the damage, the damage must be compensated in full or in part by his parents (adoptive parents) or the trustee, unless they prove that the damage was not their fault.
The obligation of parents (adoptive parents), the trustee and the relevant institution to compensate for damage caused by minors is terminated upon reaching the age of eighteen, or in cases where he has income or other property sufficient for compensation before reaching adulthood, or when he has acquired legal capacity before reaching adulthood (paragraph 2 of art. 17 of the Civil Code).
If the damage was the result of joint criminal actions of several persons, then convicted persons, both adults and minors, if they have sufficient earnings and property, bear joint financial responsibility in accordance with art. 932 of the Civil Code. By virtue of part two of this article of the Civil Code, the court may, at the request of the victim and in his interests, impose shared responsibility on persons who jointly caused harm. Citizens and organizations involved in cases stipulated by law as defendants, for damage caused by juvenile convicts, compensate it in shares.
The restriction of leisure time and the establishment of special requirements for the behavior of a minor may include a ban on visiting certain places, on using certain forms of leisure, including those related to driving a motor vehicle, on limiting stay outside the house after a certain time of day, on traveling to other areas without the permission of a specialized government agency. A minor may also be required to return to a general education institution, continue or complete his studies, or find a job with the help of a specialized government agency. The list of these leisure restrictions is not exhaustive, i.e. other requirements may be imposed on a minor that are necessary to correct him. These requirements should be reasonable, they should not be cruel, causing harm to a minor, and their purpose should not be to humiliate the dignity of a minor.
83 of the Criminal Code of the Republic of Kazakhstan provides for the possibility of placing a minor in a special educational or medical educational institution for a period of six months to two years for committing a crime of moderate severity. Educational and educational institutions or medical and educational institutions are educational organizations with a special regime of detention, which are created in order to ensure the upbringing, education and social rehabilitation of minors aged eleven to eighteen years who have committed socially dangerous acts containing signs of a crime, released from criminal liability. Stay in these institutions may be terminated prematurely.:
- in connection with reaching the age of majority;
- based on the conclusion of a specialized state body providing corrections, when the court comes to the conclusion that the offender no longer needs to apply this measure to correct himself.
The extension of the period of stay in these institutions for minors is established by the court and is allowed only if it is necessary for the minor to complete general education or vocational training, but no more than before he reaches the age of majority.
Compulsory educational measures are applied only to persons guilty of committing a crime, and taking into account various circumstances related to the identity of the minor and the crime committed by him.
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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