Only a person who has committed an act intentionally or negligently is found guilty of a criminal offense.
Commentary on Article 19 of the Criminal Code of the Republic of KazakhstanA person is considered guilty of a criminal offense only if the act was committed intentionally or through negligence
🔹 1. Principle of Guilt and Its Constitutional Foundation
Article 19 of the Criminal Code of the Republic of Kazakhstan (CC RK) establishes a key principle of criminal law: criminal liability arises only when guilt is established. This provision aligns with international standards and the Constitution of the Republic of Kazakhstan.
Part 1 of Article 19 states:
"A person shall be subject to criminal liability only for those socially dangerous acts (actions or omissions) and socially dangerous consequences in relation to which their guilt has been established."
This reflects the presumption of innocence, enshrined in Article 77 of the Constitution and Article 19 of the Criminal Procedure Code (CPC) of Kazakhstan, which provide that:
"Everyone shall be considered innocent until their guilt in committing a crime is proven in accordance with the law and established by a court verdict that has entered into legal force."
🔹 2. Prohibition of Objective Imputation
Part 2 of Article 19 of the CC RK states:
"Objective imputation, that is, criminal liability for causing harm without fault, is not permitted."
This means a person cannot be held criminally liable solely based on harmful consequences unless their guilt is proven. The law excludes punishment for acts committed without intent or negligence.
🔹 3. Forms of Guilt: Intent and Negligence
Part 3 of Article 19 provides:
"A person is considered guilty of a criminal offense only if they committed the act intentionally or through negligence."
This is further elaborated in Articles 20 and 21 of the CC RK:
- Article 20: Intentional crime — an act committed with direct or indirect intent.
- Article 21: Crime through negligence — an act committed through recklessness or carelessness.
🔹 4. Criminal Liability for Negligence
According to Part 4 of Article 19:
"An act committed through negligence is recognized as a criminal offense only if this is specifically provided for by the relevant article of the Special Part of this Code."
This means that not all negligent acts are punishable under criminal law — only those explicitly specified in the Special Part of the Criminal Code.
🔹 5. Judicial Practice and Regulatory Resolutions
The Supreme Court of the Republic of Kazakhstan emphasizes the necessity of establishing guilt when imposing criminal liability. For example, in its Regulatory Resolution No. 4 of June 25, 2015, "On Certain Issues of Imposing Criminal Punishment", it is stated that:
"When imposing punishment, the court must consider the form of guilt and the degree of social danger of the act."
🔹 6. Connection with Other Legal Acts
The principle of guilt set forth in Article 19 of the CC RK is in line with Clause 3 of Article 77 of the Constitution of Kazakhstan, which states:
"No one may be found guilty of committing a crime until their guilt has been legally proven."
Likewise, Article 19 of the CPC RK reaffirms the presumption of innocence:
"Everyone shall be presumed innocent until proven guilty in accordance with the procedure established by this Code and confirmed by a court verdict that has entered into legal force."
🔹 7. Conclusion
Article 19 of the CC RK plays a fundamental role in ensuring fairness in criminal law, affirming that criminal responsibility arises only in the presence of guilt. This norm protects citizens' rights and ensures legality and justice in criminal proceedings.
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