Commentary to article 239. Hijacking, as well as seizure of an aircraft or a water vessel or railway rolling stock of the Criminal Code of the Republic of Kazakhstan of the Criminal Code of the Republic of Kazakhstan
1. Hijacking of an aircraft or a water vessel or a railway rolling stock, as well as the seizure of such a vessel or train for the purpose of hijacking —
are punishable by imprisonment for a term of two to eight years.
2. The same acts committed:
a) a group of persons by prior agreement;
b) repeatedly;
c) with the use of violence dangerous to life or health, or with the threat of such violence;
d) using weapons or objects used as weapons, —
are punishable by imprisonment for a term of seven to twelve years.
3. The acts provided for in the first or second parts of this Article, if they are committed by an organized group or have negligently caused the death of a person or other grave consequences., —
are punishable by imprisonment for a term of eight to fifteen years.
The public danger of this crime lies in the fact that the uncontrolled movement (movement) of these types of transport poses a threat to public safety, the onset of serious consequences associated with accidents, catastrophes and human casualties.
The object of this crime is public safety. An additional object may be the life and health of people, as well as property.
The object of the crime is an aircraft or a water vessel or a railway rolling stock.
An aircraft is understood to mean any aircraft that must comply with safety requirements during flight, regardless of the form of ownership, purpose, departmental affiliation and other characteristics of the aircraft.
Watercraft include facilities for transporting passengers and cargo by water. It can be both marine and riverine, as well as aquatic, either surface or underwater.
Railway rolling stock refers to the means of transportation of railway transport. These include locomotives, electric locomotives, diesel locomotives, wagons, and so on.
The objective side of this crime is expressed in the commission of such actions as hijacking an aircraft or a water vessel or railway rolling stock; capturing them for the purpose of hijacking.
Hijacking is defined as the unlawful seizure, without the use of violence or with the use of violence that is not dangerous to the life and health of the victim, of a vessel or convoy during its parking. The hijacking is considered completed from the moment the movement begins along the path chosen by the perpetrator.
Seizure is defined as the unlawful taking of a vessel or train while en route, without the use of violence or with the use of violence that is not dangerous to life and health.
The subjective side of this crime is expressed by an intentional form of guilt and only by direct intent.
The purpose of hijacking an aircraft, water vessel, or railway rolling stock is to hijack them. The subject of the crime is a sane individual who has reached the age of 16.
Part 2 of Article 239 of the Criminal Code of the Republic of Kazakhstan provides for liability for the commission of a qualified hijacking or seizure of an aircraft or a water vessel or railway rolling stock under such aggravating circumstances as hijacking or seizure.:
a) a group of persons by prior agreement;
b) repeatedly;
c) with the use of violence dangerous to life or health, or with the threat of such violence;
d) using weapons or objects used as weapons.
Hijacking, as well as the seizure of an aircraft or a water vessel or a railway rolling stock, is considered to have been committed by a group of persons by prior agreement if there was a prior agreement between the accomplices of this crime prior to the hijacking or seizure.
Repetition is understood as the commission by a person of two or more hijackings, as well as seizures of an aircraft or water vessel or railway rolling stock, while for the commission of the previous hijacking and seizure it is required that the person not be released from criminal liability in accordance with the procedure established by law, the statute of limitations for bringing terrorism to criminal responsibility has not expired, or a criminal record for A previously committed terrorist act has not been cancelled or withdrawn. Violence that is dangerous to life and health should be understood as violence that has caused minor, moderate, or serious harm to the victim's health.
The threat is expressed in intimidation of the use of such violence.
The use of weapons is understood as their actual use to cause harm to human life and health during the hijacking or seizure of an aircraft or a water vessel or railway rolling stock. Weapons in this composition should be understood as both firearms and edged weapons (see the Law of the Republic of Kazakhstan "On State Control over the Turnover of certain types of weapons of the Republic of Kazakhstan" dated 12/30/1998 (as amended and supplemented).
Other objects used as weapons may include any objects that can cause harm to human health. These include household items, such as axes, scythes, pitchforks, knives, shovels, metal rods, pipes, sticks, etc.
Part 3 of Article 239 of the Criminal Code of the Republic of Kazakhstan establishes responsibility for the commission of a particularly qualified composition of this crime. It includes the commission of a crime by an organized group or the negligent death of a person or other serious consequences.
Hijacking, as well as the seizure of an aircraft or a water vessel or a railway rolling stock, will be considered committed by an organized group if it is committed by a stable group of persons who have previously united to commit one or more crimes.
The legislator associates causing death to a person during the hijacking or seizure of an aircraft, water vessel or railway rolling stock with a careless form of guilt.
Other grave consequences should be understood as the infliction of major material damage, the occurrence of international complications and harm to human health, etc.
The subjective side of a crime that negligently caused the death of a person or other grave consequences is characterized by a double form of guilt — intent in relation to actions (hijacking or seizure) and carelessness in relation to their consequences. In general, such a crime is considered intentional.
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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