Commentary on Article 113. Causing Grievous Harm to Health During the Detention of a Person Who Has Committed a Crime of the Criminal Code of the Republic of Kazakhstan
Intentional infliction of grievous harm to health committed through exceeding the measures necessary to detain a person who has committed a crime —
shall be punishable by a fine in an amount of up to one thousand monthly calculation indices, or corrective labor in the same amount, or engagement in community service for a period of up to four hundred hours, or restriction of liberty for a period of up to one year, or imprisonment for the same period.
The public danger of intentionally causing grievous harm to health through exceeding the measures necessary to detain a person who has committed a crime is expressed in the obvious discrepancy between the nature and degree of public danger of the crime committed by the person being detained and the circumstances of the detention, when the person is caused obviously excessive harm to health without necessity and not justified by the circumstances.
It should be borne in mind that the right to detain a person who has committed a socially dangerous encroachment belongs not only to persons specifically authorized to do so, but also to victims and other citizens.
The object of the crime is human health.
The objective element of the crime is characterized by the commission of actions that cause grievous harm to health and by the causal relationship between the actions involving the exceeding of the measures necessary to detain a person who has committed a crime and the resulting consequences. The characteristics of grievous harm to health are considered in the analysis of Article 106 of the Criminal Code. The concept of exceeding the measures necessary to detain a person is explained in the commentary to Articles 33 and 103 of the Criminal Code.
Causing grievous harm or harm of moderate severity to health through negligence while exceeding the measures necessary to detain a person who has committed a crime excludes criminal liability.
By its structure, the composition of the crime is material. The crime shall be considered completed from the moment grievous harm to health is caused.
The subjective element is characterized by guilt in the form of direct or indirect intent.
The person is aware that, as a result of their socially dangerous act, grievous harm is caused to the health of another person, foresees the possibility or inevitability of socially dangerous consequences and desires their occurrence (direct intent), or consciously allows them to occur, or treats them with indifference (indirect intent).
The motive is the desire to detain a person who has committed a crime. The purpose is to perform professional duties or to assist law enforcement agencies in detaining a person who has committed a criminally punishable act.
The subject of the crime is a sane natural person who has reached the age of 16.
The act provided for in Article 113 of the Criminal Code is classified as a minor offense.
Commentary of 2021 on the Criminal Code of the Republic of Kazakhstan 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 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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