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Home / RLA / Article 33. Causing harm during the arrest of a person who has committed an encroachment The Criminal Code of the Republic of Kazakhstan, the Criminal Code of the Republic of Kazakhstan

Article 33. Causing harm during the arrest of a person who has committed an encroachment The Criminal Code of the Republic of Kazakhstan, the Criminal Code of the Republic of Kazakhstan

АMANAT партиясы және Заң және Құқық адвокаттық кеңсесінің серіктестігі аясында елге тегін заң көмегі көрсетілді

 Article 33. Causing harm during the arrest of a person who has committed an encroachment  The Criminal Code of the Republic of Kazakhstan, the Criminal Code of the Republic of Kazakhstan

 

It is not a criminal offense to harm a person who has committed a criminally punishable act when he is detained for delivery to state authorities and to prevent the possibility of committing new attacks, if it was not possible to detain such a person by other means and the necessary measures were not exceeded.

Exceeding the measures necessary to detain a person who has committed an encroachment is recognized as their obvious inconsistency with the nature and degree of public danger of the offense committed by the detained person and the circumstances of the detention, when clearly excessive harm is unnecessarily inflicted on the person, not caused by the situation. Such an excess entails criminal liability only in cases of intentional harm.

Along with specially authorized persons, victims and other citizens also have the right to detain a person who has committed an encroachment.

 

 

 

President    

Republic of Kazakhstan     

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