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Liability for Criminal Offenses Committed with Two Forms of Guilt
📘 ARTICLE 22 OF THE CRIMINAL CODE OF THE REPUBLIC OF KAZAKHSTAN
Liability for criminal offenses committed with two forms of guilt
🔹 1. Legal nature and significance of the article
Article 22 regulates complex cases when two forms of guilt are combined within one criminal offense:
· Intent (regarding the main act),· Negligence (regarding consequences not covered by intent but which occurred).
This phenomenon in legal theory is called a “dual form of guilt” or a “combined form of guilt.”
🟦 Why is this important? – The law makes it possible to differentiate the scope of criminal liability: a person must be held responsible not only for what they intended to commit, but also for those consequences which, although not desired, could have been prevented.
🔹 2. Structure of an offense with two forms of guilt
Mandatory elements under Article 22 of the CC RK:
| Element | Essence |
|---|---|
| 1. Act | Committed intentionally (e.g., assault, arson, abuse of power, etc.) |
| 2. Consequences | Serious consequences occurred, not covered by intent (e.g., death) |
| 3. Form of guilt regarding the consequences | Either recklessness or negligence (see Article 21 of the CC RK) |
| 4. Connection | Causal link between the act and the consequences |
🔹 3. Examples from practice
✅ Example 1 (recklessness):A person beats the victim intending to cause minor harm. They foresee that the blows may lead to serious consequences but recklessly assume this will not happen. However, the victim dies.➡ Intent — to cause harm;➡ Death — not covered by intent but recklessly allowed;➡ Liability — under a combination of Articles 106 (intentional infliction of grievous bodily harm) and 104 (negligent homicide).
✅ Example 2 (negligence):An Interior Ministry officer uses a stun gun without considering the consequences. The victim has a chronic illness and dies.➡ Intent — unlawful use of force;➡ Death — not foreseen, but should and could have been foreseen;➡ Liability — intent + negligence.
🔹 4. Difference from other forms of guilt
| Type of guilt | Foresight | Desire for consequences | Assessment of serious consequences |
|---|---|---|---|
| Direct intent (Art. 20(2)) | Yes | Yes | Fully covered by intent |
| Indirect intent (Art. 20(3)) | Yes | No, but allows | Foreseen and allowed |
| Recklessness (Art. 21(2)) | Yes | Hopes to avoid | Partially foreseen |
| Negligence (Art. 21(3)) | No | - | Should have foreseen |
| Combined (Art. 22) | Yes/No | Partially covered | Intent regarding act, negligence regarding consequences |
🔹 5. Related articles of the CC RK
· Art. 19 — Concept of guilt;· Art. 20 — Intentional form of guilt;· Art. 21 — Negligence (recklessness, carelessness);· Art. 104 — Negligent homicide;· Art. 106 — Intentional infliction of grievous bodily harm.
🔹 6. Position of the Supreme Court of the RK
📜 Normative Resolution of the SC RK No. 1 of March 11, 2016“On the practice of applying legislation in the qualification of negligent crimes”➡ Explains the need to:· Identify the form of guilt for each consequence;· Establish causation and the intellectual attitude of the person at each stage.
📜 Normative Resolution of the SC RK No. 2 of December 25, 2020“On the qualification of crimes against life and health”➡ Emphasizes that:· An expert examination and assessment of actions according to due diligence standards are required;· The psychological evaluation of behavior plays a key role.
🔹 7. Relation to the CPC RK
· Art. 113 CPC RK — within the framework of proof, the form of guilt for each consequence must be established;· Art. 124 CPC RK — the court must evaluate the internal attitude of the person;· Art. 125 CPC RK — evaluation of evidence based on internal conviction, logic, and correlation of all circumstances.
🔹 8. Civil-law consequences (CC RK)
· Art. 923 of the Civil Code RK: damage caused intentionally or negligently is subject to compensation;· Combined guilt may serve as grounds for dual liability — both criminal and civil.
🧾 CONCLUSION
Article 22 of the CC RK represents an important provision ensuring:
· Fair criminal liability in cases combining intent and negligence;· The possibility to take into account the actual degree of guilt and consequences;· Flexibility of law enforcement in complex causal situations.
Judicial practice and legislation emphasize that in the presence of two forms of guilt:
· The criminal offense as a whole is considered intentional,· But the form of guilt regarding consequences affects the scope of liability and qualification.
Attention!
Law and Law Law Law draws your attention to the fact that this document is basic and does not always meet the requirements of a particular situation. Our lawyers are ready to assist you in legal advice, drawing up any legal document suitable for your situation.
For more information, please contact a Lawyer / Attorney by phone: +7 (708) 971-78-58; +7 (700) 978 5755, +7 (700) 978 5085.
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