Commentary on Article 273. Knowingly False Reporting of an Act of Terrorism of the Criminal Code of the Republic of Kazakhstan

1. Knowingly false reporting of a planned act of terrorism shall be punishable by a fine in an amount of up to five thousand monthly calculation indices, or corrective labour in the same amount, or restriction of liberty for a term of up to five years, or imprisonment for the same term.

The public danger of the crime lies in the fact that, as a result of a false report about a planned act of terrorism, panic and fear are created among the population, and a significant number of people are diverted to searching for and neutralizing explosive devices.

The object of the crime is public security.

An additional object is the established procedure for public administration, the normal functioning and economic interests of institutions, enterprises and organizations, and citizens, as well as other rights and interests of citizens (for example, the right to freedom of movement).

The objective element of the crime under consideration is expressed in knowingly false reporting of a planned act of terrorism (the characteristics of an act of terrorism are examined in the commentary on Article 255 of the Criminal Code).

False reporting means information that does not correspond to reality. The recipients of a false report may include state authorities and administrative bodies, law enforcement agencies, and officials of institutions, organizations and enterprises. Information may also be communicated to those individuals and legal entities that are obliged or compelled to respond to it. For example, where the report received affects the interests of private individuals (aircraft passengers, residents of a residential building).

The forms of knowingly false reporting (by telephone, in the form of a letter, through mass media, computer communications, etc.) do not affect the legal classification of the offence.

By its legal structure, the corpus delicti is formal. The crime shall be considered completed from the moment the recipient receives the knowingly false report. Actions by a person that are prevented at the stage of sending the report constitute an attempt to commit a crime.

The subjective element of the crime is characterized by an intentional form of guilt and only direct intent. The main characteristic of the subjective element is the person's knowledge that their report is false, which means that the person is aware that the information being communicated to the recipient does not correspond to reality, foresees the possibility or inevitability of socially dangerous consequences arising as a result of such actions, and desires those consequences. Therefore, if a person was honestly mistaken regarding the nature of their report, criminal liability under this Article is excluded.

The subject of the crime is a sane individual who has attained the age of 14.

Motives may vary widely (revenge, greed, mischief, the desire to take revenge on the administration of an educational institution, to disrupt a parents' meeting, etc.).

The act provided for in Article 273 of the Criminal Code is classified as a crime of medium severity.

Commentary of 2021 on the Criminal Code of the Republic of Kazakhstan by Isidor Shamilovich Borchashvili, Honoured 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, Honoured Employee of the Ministry of Internal Affairs of the Republic of Kazakhstan.

Constitution Law Code Regulatory Act Order Decision Resolution Lawyer Almaty Lawyer Legal Services Legal Consultation Civil Criminal Administrative Cases and Disputes Legal Defence 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 Programme Charter Charter Article Commentary Resolution Regulations Protocol Draft Programme Regulations Addresses