Definition of the concept of grave consequences as a result of criminal actions

Paragraph 3 of Article 3 of the Criminal Code of the Republic of Kazakhstan (CC RK) defines the concept of "grave consequences", describing them as certain consequences of criminal actions when they are not indicated as signs of a criminal offense. Examples of severe consequences include human death, mass illness, man-made disasters and other cases of significant damage.

Grave consequences can be understood as the result of a criminal act, which is of a particularly dangerous nature and entails serious legal consequences, even if they are not explicitly specified in specific articles of the Code. To understand and apply this rule, it is important to consider several aspects:

Articles of the Criminal Code of the Republic of Kazakhstan. An example would be article 104 (Causing death by negligence), which refers to death as one of the consequences. Or article 110 (Torture), where suicide of the victim may occur as one of the possible consequences.

The Civil Code of the Republic of Kazakhstan (for example, Article 917 of the Civil Code on compensation for harm) may provide compensation for damage caused by actions that led to serious consequences.

The Environmental Code of the Republic of Kazakhstan. 

The environmental degradation referred to in paragraph 3 may be regulated by the norms of the Environmental Code, for example, articles relating to liability for environmental pollution.

Regulatory decisions of the Supreme Court of the Republic of Kazakhstan. 

The decisions of the Supreme Court regarding the application of the norms on criminal liability may provide explanations on the interpretation of "grave consequences". For example, the Normative Resolution of the Supreme Court of the Republic of Kazakhstan dated May 11, 2007 No. 1. "On the qualification of certain criminal offenses against human life and health" clarifies that when qualifying acts, it is important to take into account the presence or absence of grave consequences.

The Law "On State Secrets" and laws regulating national security relate to cases where acts may pose a threat to the security of the State or lead to disasters.

In addition, in the legal system of the Republic of Kazakhstan, the concept of "grave consequences" is an important legal term used to assess the severity of the consequences of a criminal offense.

The following cases are considered grave consequences if they are not indicated as a sign of a specific composition of a criminal offense:

- The death of a man;

- Death of two or more persons;

- Suicide of the victim or his relatives;

- Causing serious harm to the health of one or more persons;

- Mass illness, infection, radiation exposure or poisoning of people;

- Deterioration of public health and the environment;

- The onset of an unwanted pregnancy;

- Man-made or environmental disaster, environmental emergency;

- Causing major or especially major damage;

- Creating a threat to the security of the state, a disaster or an accident;

- Disruption of combat missions, reduction of combat readiness, disabling of military equipment;

- Other consequences indicating the severity of the damage caused.

This definition includes a wide range of situations, from causing death to environmental disasters, reflecting significant and long-term consequences for society, human health or the State. Grave consequences can be the basis for tougher punishment or for qualifying a crime as more serious.

Thus, in judicial practice and the application of these norms, special attention is paid to the specific qualification of crimes with grave consequences. The court, when passing sentence, proceeds from the extent to which the damage caused is significant to society and whether it meets the criteria of severity described in the law.

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