Commentary on Article 184. Sabotage of the Criminal Code of the Republic of Kazakhstan

1. Committing, for the purpose of undermining the security and defense capability of the Republic of Kazakhstan, an explosion, arson or other acts aimed at the mass extermination of people, causing harm to their health, destroying or damaging enterprises, structures, communication routes and means of transport, means of communication, and facilities providing for the vital needs of the population, as well as committing mass poisoning or spreading epidemics and epizootics for the same purposes, —

shall be punishable by deprivation of liberty for a term of fifteen to twenty years or life imprisonment, with or without deprivation of citizenship of the Republic of Kazakhstan, and with confiscation of property.

The public danger of sabotage (from the Latin word meaning “deviation, diversion”) lies in the fact that the criminal acts are aimed at the mass extermination of people, as well as at creating a serious threat to the economic security and defense capability of the Republic of Kazakhstan, which may result in substantial economic weakening and political destabilization of the state and society.

The object of sabotage is the economic security and defense capability of the Republic of Kazakhstan. Additional objects include human life and health, the spheres of economic activity, communications, transport, and others.

According to subparagraph 4) of Article 4 of the Law of the Republic of Kazakhstan “On National Security of the Republic of Kazakhstan,” economic security is the state of protection of the national economy of the Republic of Kazakhstan against actual and potential threats, under which its sustainable development and economic independence are ensured.

The defense capability of a state refers to its level of preparedness for defense and for repelling external aggression.

Under subparagraph 30) of Article 1 of the Law of the Republic of Kazakhstan dated January 7, 2005, “On Defense and the Armed Forces of the Republic of Kazakhstan,” defense is defined as a system of state measures of a political, military, economic, informational, environmental, socio-legal and other nature aimed at ensuring military security and the armed protection of sovereignty, territorial integrity and the inviolability of the State Border of the Republic of Kazakhstan.

The subject matter of sabotage may include enterprises, structures, communication routes and means of transport, means of communication, and facilities providing for the vital needs of the population (regardless of their form of ownership). These include, in particular, power transmission and communication lines, oil and gas pipelines, mines, bridges, dams, heat and water supply systems, weapons, fuel and food storage facilities, etc.

The objective element of sabotage is characterized by the commission of acts expressed in one of the forms provided for in the disposition of the article: 1) an explosion, arson or other act aimed at the mass extermination of people, causing harm to their health, destroying or damaging enterprises, structures, communication routes and means of transport, means of communication, and facilities providing for the vital needs of the population; 2) committing mass poisoning or spreading epidemics and epizootics for the same purposes.

Sabotage in the form of an explosion, arson or other act aimed at the mass extermination of people or causing harm to their health consists in killing people or causing varying degrees of harm to their health for the purpose of incapacitating a significant number of employees of enterprises and organizations in order to undermine the security and defense capability of the Republic of Kazakhstan.

Harm to health is understood as a violation of the anatomical integrity of organs (tissues) or their physiological functions (bodily injuries), or diseases or pathological conditions arising as a result of exposure to various environmental factors: mechanical, chemical, biological and psychological.

Criminal legislation has defined the degrees of severity of harm to health in Article 3 of the Criminal Code. Thus, according to subparagraph 11) of Article 3 of the Criminal Code, serious harm to health is harm to human health that is dangerous to life, or other harm to health resulting in: loss of eyesight, speech or hearing, or the loss of any organ; loss by an organ of its functions; permanent disfigurement of the face; a health disorder associated with a significant permanent loss of general working capacity of at least one-third; complete loss of professional working capacity; termination of pregnancy; mental disorder; or drug addiction or toxicomania.

Moderate harm to health is harm to human health that is not dangerous to life but causes a prolonged health disorder (for a period exceeding twenty-one days) or a significant permanent loss of general working capacity (less than one-third) (subparagraph 12) of Article 3 of the Criminal Code).

Minor harm to health is harm to human health resulting in a short-term health disorder (for a period not exceeding twenty-one days) or an insignificant permanent loss of general working capacity (less than one-tenth) (subparagraph 13) of Article 3 of the Criminal Code).

Sabotage in the form under consideration may also be characterized by the commission of acts aimed at destroying or damaging enterprises, structures, communication routes, means of communication, and facilities providing for the vital needs of the population.

Under paragraph 1 of Article 119 of the Civil Code, an enterprise as an object is recognized as a property complex used for carrying out business activities. The enterprise as a property complex includes all types of property intended for its activities, including buildings, structures, equipment, inventory, raw materials, rights to land plots, claims, debts, as well as rights to designations individualizing its activities (trade name, trademarks) and other exclusive rights, unless otherwise provided for by the agreement (paragraph 2 of Article 119 of the Civil Code).

Structures are constructed facilities serving various economic purposes (buildings, bridges, canals, etc.). Structures may form part of an enterprise as a property complex or constitute independent objects; under civil legislation, they are recognized as a type of immovable property.

Communication routes should be understood as lines on which railway, road, water, air and pipeline transport facilities are located and which are intended for the transportation, receipt and dispatch of cargo, as well as passenger services.

Means of transport are vehicles of all types.

Means of communication (telecommunication facilities) are defined in the Law of the Republic of Kazakhstan “On Communications” as technical devices, equipment, systems and software that enable the generation, transmission, reception, storage, processing, switching or control of electromagnetic or optical signals.

Facilities providing for the vital needs of the population are any enterprises, institutions and structures ensuring the normal functioning of the population (water treatment facilities, power transmission lines, food storage facilities, etc.).

Destruction of facilities should be understood as rendering them completely unusable, which means that restoration of the facilities is impossible or economically impractical.

Damage means causing such harm to the objects of sabotage that significantly reduces their economic and commercial significance but can be eliminated through repair and restoration.

The methods of committing the first form of sabotage include not only explosions and arson, which are expressly identified by the legislator, but also other acts aimed at the mass extermination of people, causing harm to their health, or destroying or damaging the facilities listed in the disposition of this article. Other acts include, for example, causing accidents and disasters, collapses and flooding, etc.

The elements of sabotage in this form are considered complete from the moment the acts specified in the law are committed. The consequences that occur do not affect the legal classification of the act but are taken into account when determining the degree of guilt and imposing punishment.

Mass poisoning should be understood as incapacitating people by poisoning food, water, medicines, etc., with toxic substances. Poisoning is a pathological condition caused by toxic substances entering the human body. The danger of poisoning lies in the fact that it may result in death.

In this form, sabotage is considered a completed crime from the moment mass poisoning of people occurs.

In accordance with subparagraph 295) of paragraph 1 of Article 1 of the Code of the Republic of Kazakhstan “On Public Health and the Healthcare System,” an epidemic is understood as the widespread occurrence of an infectious disease significantly exceeding the normally recorded level of morbidity.

Sabotage in the form of spreading epidemics is considered complete from the moment people become massively infected with an infectious disease.

According to the Law of the Republic of Kazakhstan dated July 10, 2002, “On Veterinary Medicine,” the spread of epizootics is understood as the mass spread of particularly dangerous and other infectious animal diseases within the territory of the relevant administrative-territorial unit.

The elements of sabotage in this form are considered complete from the moment the disease spreads on a mass scale among animals.

In terms of its objective element, sabotage is similar to certain general criminal offenses, such as murder committed in a manner dangerous to the lives of many people, intentional destruction or damage to another person’s property, and intentional rendering of vehicles or communication routes unusable. They differ from sabotage in that they cause damage to other areas of public relations. Furthermore, when committing such offenses, the perpetrator lacks the special purpose specified in this article, namely, undermining the economic security and defense capability of the Republic of Kazakhstan.

Sabotage must be distinguished from acts of terrorism. Their main differences are as follows:

the subject matter of sabotage is a limited range of enterprises and structures, whereas in terrorism any objects may constitute its subject matter;

sabotage is aimed at destroying or damaging objects, whereas terrorism is aimed both at destroying or damaging objects and at threatening to commit such acts;

the purpose of sabotage is to undermine security and defense capability; accordingly, the destruction or damage of enterprises or structures is important to the perpetrator in itself. The purpose of committing an act of terrorism, however, is to influence the decision-making of a government authority, and therefore the destruction or damage of specific objects is intended to create an atmosphere of public fear.

The subjective element of sabotage is characterized by guilt in the form of direct intent. The perpetrator is aware that they are committing acts aimed at the mass extermination of people, causing harm to their health, destroying or damaging enterprises, structures, communication routes and means of transport, means of communication, and facilities providing for the vital needs of the population, as well as committing mass poisoning or spreading epidemics and epizootics for the same purposes, and desires to commit these acts.

The mandatory elements of the subjective side include the purpose of undermining the security or defense capability of the country.

The motives for sabotage do not affect the legal classification of the act. Such motives may include greed, revenge and other personal motives.

The subject of sabotage is a sane natural person who has reached the age of sixteen.

The act provided for in Article 184 of the Criminal Code belongs to the category of particularly serious crimes.

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 reforming 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.

Constitution Law Code Regulatory Decree Order Decision Resolution Attorney Almaty Lawyer Legal service Legal Consultation Civil Criminal Administrative cases disputes Defense Arbitration Legal Company of Kazakhstan Law Office Court Cases Declaration Decree Order Resolution Decision Report Conclusion Application Conclusion Convention Contract Memorandum Methodology Rules Note Regulations Program Charter Charter Article Commentary