Violation of Property Rights by Theft
Theft in criminal law is defined as illegal actions aimed at the seizure or circulation of someone else's property for mercenary purposes, which causes damage to the owner or other owner of this property.
Article 3, paragraph 17, of the Criminal Code defines "embezzlement" as the unlawful and gratuitous seizure or conversion of another's property in favour of the perpetrator or other persons for mercenary purposes, which causes damage to the owner or other possessor of the property.
Comment and explanation:
- Unlawfulness of actions means that they are committed without a legal basis or right to own this property.
- Gratuitousness indicates that the property is seized without the consent of the owner and without appropriate compensation.
- A mercenary goal is a motive for personal enrichment, both for the perpetrator himself and for other persons.
- Causing damage means that the actions of the perpetrator deprive the owner of the property, causing him material damage.
Types of theft in accordance with the Criminal Code of the Republic of Kazakhstan:
1. Theft (Article 188 of the Criminal Code of the Republic of Kazakhstan) is a secret theft of property.
2. Robbery (Article 191 of the Criminal Code of the Republic of Kazakhstan) – open theft.
3. Robbery (Article 192 of the Criminal Code of the Republic of Kazakhstan) is an attack with the aim of stealing property with the use of violence.
4. Misappropriation or embezzlement of entrusted property (Article 189 of the Criminal Code of the Republic of Kazakhstan) is the illegal circulation of property entrusted to the perpetrator.
5. Fraud (Article 190 of the Criminal Code of the Republic of Kazakhstan) is theft by deception or abuse of trust.
6. Petty theft (Article 187) - Petty theft, that is, theft, fraud, misappropriation or embezzlement of someone else's property, committed on an insignificant scale.
Relationship with other codes and laws:
- Civil Code of the Republic of Kazakhstan (for example, Article 188 of the Civil Code)
- Civil Code of the Republic of Kazakhstan Article 951. Compensation for moral damage
- Civil Code of the Republic of Kazakhstan, Article 917. The general grounds of liability for causing harm regulate the issues of ownership and protection of the rights of the owner. Theft violates property rights, which leads to civil law consequences, in addition to criminal liability.
- The Law of the Republic of Kazakhstan "On Combating Corruption" is also related to embezzlement, especially when it comes to the misappropriation of state property or funds.
Regulatory resolutions of the Supreme Court of the Republic of Kazakhstan:
1. Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan dated July 11, 2003 No. 8. "On Judicial Practice in Cases of Embezzlement" clarifies the issues of qualification of theft, determining how the courts should approach the assessment of the actions of the accused in various forms of theft (theft, robbery, robbery, etc.).
2. Normative Resolution of the Supreme Court of the Republic of Kazakhstan dated November 27, 2015 No 8. "On the Practice of Considering Certain Corruption Crimes". Since embezzlement can relate to the property of the state or public organizations, this decree clarifies the qualification and punishment for such crimes.
Theft is one of the most common crimes against property, and its forms are diverse depending on the method of commission and circumstances.
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