Kazakhstan

Criminal Code of the Republic of Kazakhstan

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.

Keywords

Joint commission



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