Commentary on Article 111. Causing Harm to Health in a State of Affect of the Criminal Code of the Republic of Kazakhstan
Intentional infliction of grievous bodily harm committed in a state of sudden intense emotional distress (affect), caused by violence, abuse or grave insult on the part of the victim, or by other unlawful or immoral acts (omissions) of the victim, as well as by a prolonged traumatic situation arising in connection with the systematic unlawful or immoral behavior of the victim, —
shall be punishable by a fine in an amount of up to one hundred and twenty monthly calculation indices, or corrective labor in the same amount, or community service for a period of up to one hundred and twenty hours, or arrest for a period of up to thirty days.
The public danger of this criminal misdemeanor lies in the fact that, as a result of a state of sudden intense emotional distress (affect) caused by violence, abuse or grave insult on the part of the victim, grievous bodily harm is inflicted upon the latter.
The object of the criminal misdemeanor under consideration is human health.
The objective element is characterized by the infliction of grievous bodily harm committed in a state of sudden intense emotional distress (affect), caused by violence, abuse or grave insult on the part of the victim, or by other unlawful or immoral acts (omissions) of the victim, as well as by a prolonged traumatic situation arising in connection with the systematic unlawful or immoral behavior of the victim. In terms of its objective element, the act provided for in Article 111 of the Criminal Code is similar to the crime provided for in Article 101 of the Criminal Code, since both are committed by a person in a state of affect. The characteristics of such a state have been thoroughly analyzed with reference to Article 101 of the Criminal Code, and there is no need to repeat them here.
It is important to take into account that the physiological affect was suddenly triggered by violence, abuse or grave insult on the part of the victim, or by other unlawful or immoral acts (omissions) on the victim's part, as well as by a prolonged traumatic situation arising in connection with the systematic unlawful or immoral behavior of the victim.
A state of intense emotional distress that suddenly arose as a result of the above-mentioned circumstances precludes the classification of the infliction of grievous or moderate bodily harm under Parts 2 and 3 of Article 106 and under Article 107 of the Criminal Code, even if such acts resulted in the death of the victim or involved torment, abuse, etc. Criminal liability arises under Article 111 of the Criminal Code, notwithstanding the presence of aggravating circumstances.
For the purposes of classification under Article 111 of the Criminal Code, the presence of any one of the unlawful or immoral conduct indicators of the victim specified in the disposition of the article is sufficient. Such conduct may be directed either against the perpetrator or against a person close to the perpetrator.
The subjective element of the criminal misdemeanor is characterized by guilt in the form of direct or indirect intent (suddenly arising). If a person was aware of the social danger of their actions (omissions), foresaw the possibility or inevitability of socially dangerous consequences and desired their occurrence, direct intent is established. An act provided for in Article 111 of the Criminal Code is deemed to have been committed with indirect intent if the person was aware of the social danger of their actions (omissions), foresaw the possibility of socially dangerous consequences, did not desire their occurrence but consciously allowed them to occur or was indifferent to them.
The subject of the criminal misdemeanor is a sane natural person who has attained the age of sixteen.
Commentary to the Criminal Code of the Republic of Kazakhstan, 2021, by Isidor Shamilovich Borchashvili, Honored Figure of Kazakhstan, Doctor of Law, Professor, Academician of the Kazakhstan National Academy of Natural Sciences, member of the Scientific Advisory Councils under the Constitutional Council of the Republic of Kazakhstan and the Supreme Court of the Republic of Kazakhstan, member of the working group on the reform of the law enforcement system under the Security Council of the Republic of Kazakhstan, Honored Employee of the Ministry of Internal Affairs of the Republic of Kazakhstan.
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