'Joint commission' in document 'Kazakhstan - Criminal Code'

Jump to:

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

Section II. A Crime

Article 27. The Concept of Complicity in a Crime

Deliberate joint participation of two or more persons in the commission of a deliberate crime shall be recognised as criminal complicity.

Section II. A Crime

Article 28. Types of Accessories in a Crime

1. Along with a performer of a given crime, an organizer, abettor, and accomplice shall be recognised as accessories in a crime.

2. An organizer shall mean a person who directly committed a given crime, or who directly participated in its commission, together with other persons (co-performers), as well as a persons who committed a crime by way of using other persons who are not subject to criminal liability due to their age, insanity, or other circumstances, stipulated by the present Code, as well as by way of using persons who committed a given act by negligence.

3. A person shall be recognised as an organizer who organized the commission of a given crime, or who guided its execution, as well as a person who created an organized criminal group, or a criminal association (criminal organization), or a person who managed them.

4. A person shall be recognised as an abettor who inclined another person to the commission of a given crime by way of persuasion, subornation, threat, or by any other method.

5. A person shall be recognised as an accomplice who co-operated in the commission of a crime by advice, instructions, granting of information, instruments, or means for the commission, or by elimination of the impediments for the commission of a crime, as well as a person who promised in advance to conceal a criminal, instruments, or other means of the commission of a given crime, traces of a crime, or objects acquired by criminal means, as well as a person who earlier promised to acquire or to purchase such objects.

Section II. A Crime

Article 31. The Forms of Complicity in a Crime

1. A crime shall be recognised as committed by a group of persons, if two or more performers jointly participated in its commission without preliminary collusion.

2. A crime shall be recognised as committed by a group of persons under preliminary collusion, if the persons who participated in it earlier agreed on joint commission of a given crime.

3. A crime shall be recognised as committed by an organized group, if it is committed by a stable group of persons who earlier united for the commission of one or several crimes.

4. A crime shall be recognised as committed by a criminal association (criminal organization), if it is committed by a united organized group (organization) which is created for the commission of grave or especially grave crimes, or by an association of organized groups created for the same purposes.

5. A person who created an organized group or a criminal association (criminal organization), or who guided them, shall be subject to criminal liability for their organization and guidance in cases stipulated by the relevant articles of the Special Part of the present Code, as well as for all crimes which were committed by a given organized group or a criminal association (criminal organization), if those crimes were covered by his criminal intent. Other participants of an organized group or a criminal association (criminal organization) shall bear criminal liability for participation in them in cases stipulated by the relevant articles of the Special Part of the present Code, as well as for crimes in preparation or the commission of which they participated.

6. The creation of an organized group in cases, which are not stipulated by articles of the Special Part of the present Code, shall entail criminal liability for preparation for those crimes for the commission of which it was created.

RELEVANT ROME STATUTE PROVISIONS

Article 25
Individual criminal responsibility
3. In accordance with this Statute, a person shall be criminally responsible and liable for punishment for a crime within the jurisdiction of the Court if that person:
(a) Commits such a crime, whether as an individual, jointly with another or through another person, regardless of whether that other person is criminally responsible.