Definition of a criminal organization in criminal law

A criminal organization is a stable organized group of individuals, whose members are distributed according to organizational, functional and/or critical criteria in separate groups (structural units), created with the aim of committing serious or especially serious consequences.

Paragraph 25 of Article 3 of the Criminal Code of the Republic of Kazakhstan defines a criminal organization as an organized group whose members are divided into organizationally, functionally and/or geographically isolated groups (structural divisions). This definition indicates a high level of organization of the criminal group, the presence of a structure and division of roles between the participants.

The main characteristics of the criminal organization:

1. Organizational structure — members of a criminal organization are grouped into groups or units that may have a certain hierarchy and functional distribution of responsibilities. These may be groups responsible for different stages of criminal activity, such as planning, execution, logistics, etc.

2. Functional division — a criminal organization assumes that different members of the group perform different roles, such as organizers, performers, financiers, intermediaries, etc. This allows the organization to operate more efficiently and with minimal risks for the participants.

3. Territorial isolation — a criminal organization may operate in different territories, including at the international level. This is especially true for transnational criminal organizations that operate in several countries.

Relationship with other norms:

1. Article 262 of the Criminal Code of the Republic of Kazakhstan (Creation and management of an organized group, criminal organization, as well as participation in them) — establishes responsibility for the creation, management and participation in the activities of a criminal community (criminal organization). The criminal community includes a highly organized structure capable of committing serious and especially serious crimes.

2. Article 31 of the Criminal Code of the Republic of Kazakhstan (Criminal liability for criminal offenses committed by a group) provides a general definition of an organized group and its key features, such as stability, planning and role allocation.

3. International documents:

  - The United Nations Convention against Transnational Organized Crime (Palermo Convention) — this international document, ratified by Kazakhstan, provides definitions and standards for combating transnational organized criminal groups. Criminal organizations can operate internationally and be involved in such types of crimes as human trafficking, drug trafficking, arms smuggling, etc.

4. The Law of the Republic of Kazakhstan "On Countering Terrorism" — may be applied if a criminal organization engages in terrorist activities.

5. The Law of the Republic of Kazakhstan "On Countering Extremism" regulates the actions of extremist organizations, which may also have a criminal organizational structure.

Resolutions of the Supreme Court of the Republic of Kazakhstan:

1. The Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan dated June 21, 2001 No. 2. "On some issues of application by courts of legislation on liability for banditry and other criminal offenses committed in complicity" provides important clarifications on the characteristics of organized groups and criminal organizations, including stability, hierarchy and coordination of actions. The resolution specifies the criteria that courts must take into account when classifying crimes committed by organized groups.

2. The Normative Resolution of the Supreme Court of the Republic of Kazakhstan dated July 11, 2003 No. 8. "On judicial practice in cases of embezzlement" contains detailed comments on the organization of criminal formations and clarifies the concept of a "stable armed group" (gang), which may also overlap with the concept of a criminal organization.

Conclusion:

A criminal organization under the Criminal Code of the Republic of Kazakhstan is one of the most complex forms of criminal association, characterized by a high degree of structural organization and functional role distribution. Stricter sanctions are provided for its participants and organizers, reflecting the public danger of such criminal formations.

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