NORMATIVE RESOLUTION OF THE SUPREME COURT OF THE REPUBLIC OF KAZAKHSTAN

of May 11, 2007 No. 2

About application of the legislation on justifiable defense

Due to the change of the penal legislation of the Republic of Kazakhstan, for the purpose of ensuring uniformity in application of the penal legislation about justifiable defense, the plenary session of the Supreme Court of the Republic of Kazakhstan decides:

1. Justifiable defense is the inherent constitutional right of everyone on protection against socially dangerous infringement of life, health, property, the dwelling, property and other rights and interests of the person protected by the law. In this regard, in case of production on cases on causing death or harm to health it is necessary to consider provisions of article 32 of the Criminal Code of Kazakhstan (далееУК) about justifiable defense and its limits and to carefully find out the purpose, motive, the fault form, method of crime execution and other circumstances important for the correct qualification of act.

2. All persons, irrespective of their professional or other special training and official position, sex, age and other circumstances have the right to justifiable defense equally. Person has rights to justifiable defense irrespective of on what the object protected by the law socially dangerous encroachment is made whether this object personally defending or to other persons belongs, and also irrespective of opportunity to avoid socially dangerous encroachment or to ask for the help other persons or state bodies.

3. For recognition of person being in condition of justifiable defense it is necessary to determine that making of socially dangerous encroachment took place and that this encroachment formed the basis of committing by person of the actions integrated to causing death or harm to health to the attacker for prevention or reflection of this encroachment.

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