of July 11, 2003 No. 8
About court practice on cases on plunders
For the purpose of the correct and uniform application in court practice of the current legislation in case of qualification of the criminal offenses connected with infringement of someone else's property, the plenary session of the Supreme Court of the Republic of Kazakhstan decides:
1. Plunder is understood as the wrongful uncompensated taking and (or) the address of alien property for benefit of the guilty person or other persons which caused damage to the owner or other owner of this property made with a mercenary motive.
2. Subject of plunder and other criminal offenses against property is others, that is not being in property of the guilty person, the property. At the same time the abducted property at the time of making of criminal offense can be both in ownership of the owner, and in ownership of other persons to which this property was entrusted or it at them was in adverse possession.
Illegal withdrawal of the property which is in joint property with other persons, including belonging to the legal entity among whose founders the guilty person is depending on orientation of intention can be qualified as plunder or as arbitrariness.
Assignment found or accidentally appeared at guilty alien property cannot be considered as plunder.
2-1. Secret plunder of foreign cattle (abaction) attracts responsibility on special regulation of the penal statute – article 188-1 of the Criminal Code of Kazakhstan (further - UK). According to the note to the specified Article are understood as the cattle: cattle; horses and donkeys; camels; small cattle and pigs.
In case of making of theft which subject were at the same time cattle and other alien property the deeds should be qualified on set of the criminal offenses provided by articles 188-1 and 187 or 188 UK.
Theft the stranger of poultry attracts responsibility under article 188 UK.
3. The order guilty stolen property at discretion (sale or voluntary conveyance to other persons, spoil, dekitting, destruction, etc.) does not form independent structure of criminal offense and additional qualification does not require.
In cases when the actions of the guilty person connected with destruction of stolen property entailed damnification to health or approach of death of the person, deeds, along with the article of the Criminal Code providing responsibility for plunder depending on intention it is necessary to qualify also under the articles of the Criminal Code providing responsibility for infringement of life or health of person.
If in case of destruction of stolen property, other alien property which is not object of plunder was intentionally or carelessly destroyed or damaged, then acts of the guilty person follows, depending on intention, also to qualify respectively under Article 202, 203 or 204 UK.
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