Causing Harm in a Justified Risk for the Achievement of a Socially Useful Goal Is Not a Criminal Offense

Article 36 of the Criminal Code of the Republic of Kazakhstan (CC RK) regulates the institution of justified risk as a circumstance excluding the criminality of an act. This provision is of particular importance in areas where the achievement of socially useful goals is associated with a certain degree of risk, such as medicine, science, technology, and entrepreneurship.

📘 Concept and Legal Nature of Justified Risk

Justified risk is lawful behavior (action or inaction) of a person aimed at achieving a socially useful goal, during which there is a probability of adverse consequences, including harm to interests and benefits protected by criminal law.

Thus, if a person’s actions meet the specified conditions, they are not considered a criminal offense.

⚖️ Conditions for the Legitimacy of Justified Risk

For risk to be recognized as justified, the following conditions must be met:

1. Presence of a socially useful goal: Actions must be directed toward achieving a goal significant to society.
2. Impossibility of achieving the goal by other means: The goal cannot be reached without risk.
3. Taking sufficient measures to prevent harm: The person must take all possible measures to minimize potential harm.
4. Absence of a known threat of grave consequences: Risk is not considered justified if it is knowingly associated with a threat to human life or health, an environmental disaster, a public calamity, or other grave consequences.

🧾 Judicial Practice and Examples

In the judicial practice of the Republic of Kazakhstan, cases of justified risk are considered taking into account the specific circumstances of the case. For example, in medical practice, performing complex surgeries may involve risks to the patient’s life; however, if the surgery is aimed at saving the patient’s life and other treatment methods are ineffective, such actions may be recognized as justified risk.

📚 Related Legal Acts

• Article 32 CC RK: Necessary Defense.
• Article 33 CC RK: Infliction of Harm during the Apprehension of a Person Committing an Assault.
• Article 34 CC RK: Extreme Necessity.
• Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan No. 4 of April 20, 2018: On the Judicial Sentence. (Law and Justice, Almaty).

🧠 Conclusion

The institution of justified risk plays an important role in criminal law, as it allows consideration of specific circumstances under which causing harm to legally protected interests may be justified by the pursuit of a socially useful goal. However, the application of this provision requires a thorough analysis of all conditions and circumstances of the case in order to avoid abuse and the unlawful justification of harmful actions.

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