Characteristics of escape from places of deprivation of liberty, from arrest or custody under aggravated circumstances

Abstract

Problems of criminal liability for escape from places of imprisonment, from arrest or from custody under aggravating circumstances, under Part 2 of Art. 426 of the Criminal Code of the Republic of Kazakhstan, according to the degree of public danger, causes serious anxiety. In this regard, the relevance of the study of the commission of shoots under aggravated circumstances is beyond doubt.
The aim of the study is to develop proposals for improving the current legislation, comparing the aggravating signs of this criminal offense in domestic and foreign criminal legislation.
The result of the research work is the analysis of aggravating signs of escape, in order to prevent different interpretations in the application of the current norm, with the aim of uniform application of the law and individualization of the responsibility of those responsible for the escape, depending on the degree of public danger, as well as on the basis of the study of materials of forensic practice for a period of several years, making a proposal to include a number of aggravating and especially aggravating signs in Article 426 of the Criminal Code of the Republic of Kazakhstan. Thus, it is proposed to supplement Article 426 of the Criminal Code of the Republic of Kazakhstan with a new part 3, which provides as one of the most aggravating signs «an escape committed with the use of violence dangerous to life or health, or with the threat of such violence», in order to individualize responsibility for its commission in depending on the social danger of the act.