Comment to Article 163. Attack on persons or organizations enjoying international protection of the Criminal Code of the Republic of Kazakhstan of the Criminal Code of the Republic of Kazakhstan

     1. An attack on a representative of a foreign State or an employee of an international organization enjoying international protection, or members of his family living with him, as well as on official or residential premises or vehicles of persons enjoying international protection, as well as kidnapping or forcible deprivation of liberty of these persons, if these acts were committed with the aim of provoking war or complications of international relations, —      

are punishable by imprisonment for a term of three to eight years with or without confiscation of property.    

2. The same acts committed repeatedly, either with the use of weapons, or by prior agreement of a group of persons, or involving serious harm to health, or negligently resulting in the death of a person., —      

are punishable by imprisonment for a term of ten to fifteen years with or without confiscation of property.

     The public danger of this crime is to protect individuals and institutions enjoying international protection from various extremist groups using the means of terror for their own purposes.       A person enjoying international protection, according to Article 1 of the Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents of December 14, 1973, is recognized:      

a) the head of State, including each member of the collegial body performing the functions of the head of State in accordance with the Constitution of the relevant State, or the head of Government, or the Minister of Foreign Affairs, who is in a foreign country, as well as his accompanying persons;      

b) any representative or official of a State, or any official or other agent of an intergovernmental international organization who is entitled, in accordance with international law, to special protection from any attack on his person, freedom and dignity.;      

c) living family members of the persons referred to in paragraph "b" (paragraph 1 of Article 1).    

The direct object of the crime is social relations that ensure the protection of persons and organizations enjoying international protection. When attacking persons enjoying international protection, the health, inviolability, honor and dignity of these persons may be an additional object.      Victims are representatives of a foreign State and employees of international organizations who enjoy international protection, as well as members of their families living with them.      

Representatives of a foreign State are persons who have the right to represent their State outside and act on its behalf.      

The objective side of the crime in question includes the following socially dangerous actions:      

1) an attack on a representative of a foreign State or an employee of an international organization enjoying international protection, or family members living with him;      

2) an attack on office or residential premises or vehicles of the specified persons;      

3) abduction or forcible imprisonment of these persons.      An attack is an action directly aimed at achieving a criminal result by using violence against the victim or creating a real threat of its immediate use.      

An attack on the office or residential premises of a person enjoying international protection should be understood as the illegal entry of the perpetrator into such premises, followed by the commission of any actions.      An attack on such a person's vehicle is an unlawful entry into it, taking possession of it, or carrying out any actions against the vehicle that prevent it from being used for its intended purpose.     

Embezzlement of a person enjoying international protection should be understood as unlawful intentional acts involving the secret or open or deception of such a person, his removal from his place of residence (place of residence, work, medical treatment) and transfer to another place with subsequent detention against his will.     

Enforced deprivation of liberty consists in the restriction of personal freedom (freedom of movement) of a person enjoying international protection. As a rule, a person is forcibly detained in a room by being placed in it or tied up.   

  Unlawful imprisonment differs from kidnapping in the manner in which it is committed. In the case of kidnapping, his capture precedes the restriction of freedom, and in the case of unlawful imprisonment, there is no capture.    

The subjective side is characterized by direct intent. A mandatory feature of the subjective side is a special goal - provocation of war or complication of international relations.   

  The subject of a crime can be any sane individual who has reached the age of 16.     

Part 2 of Article 163 of the Criminal Code provides for liability:     

a) for repeated occurrence, which implies the commission of this crime two or more times (see: art. 11 of the Criminal Code of the Republic of Kazakhstan);     

b) with the use of weapons, which implies an attempt to inflict physical harm to the victim with their help, as well as its demonstration to both the victim and other persons who could prevent the infliction of this harm.;     

c) committed by a group of persons by prior agreement, if it involved persons who had previously agreed to commit a crime together.;     

d) causing serious harm to the victim's health, expressed in the actual infliction of any consequences specified in art. 103 of the Criminal Code.;      

e) causing death by negligence to a person, which assumes that the death of the person was the result of the actions described in the law, i.e. that there is a causal relationship between the commission of this crime and the specified consequences.

Commentary from 2007 to the Criminal Code of the Republic of Kazakhstan from the Honored Worker of Kazakhstan, Doctor of Law, Professor, Academician of the Kazakhstan National Academy of Natural Sciences BORCHASHVILI I.Sh.                  

Date of amendment of the act:  08/02/2007 Date of adoption of the act:  08/02/2007 Place of acceptance:  NO Authority that adopted the act: 180000000000 Region of operation:  100000000000 NPA registration number assigned by the regulatory body:  167 Status of the act:  new Sphere of legal relations:  028000000000 Report form:  COMM Legal force:  1900 Language of the Act:  rus

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