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Alongside the perpetrator, accomplices to a criminal offense are also recognized as the organizer, instigator, and accessory.
Article 28 of the Criminal Code of the Republic of Kazakhstan (CC RK) defines the types of accomplices in a criminal offense, establishing the legal framework for holding liable individuals involved in a crime at different stages and with varying degrees of participation.
🔹 I. General Provisions on Complicity
Complicity in a criminal offense is the intentional joint participation of two or more persons in committing an intentional criminal offense. This concept covers various forms of participation, including perpetration, organization, instigation, and aiding.
🔹 II. Types of Accomplices
1. Perpetrator (Part 2 of Article 28 CC RK)A perpetrator is a person who directly committed a criminal offense or directly participated in its commission jointly with others (co-perpetrators). Persons who committed an offense by using other individuals not subject to criminal liability due to age, insanity, or other circumstances provided for by the CC RK, as well as by using individuals who committed the act through negligence, are also considered perpetrators.
2. Organizer (Part 3 of Article 28 CC RK)An organizer is a person who organized the commission of a criminal offense or directed its execution, as well as a person who created a criminal group or directed it.
3. Instigator (Part 4 of Article 28 CC RK)An instigator is a person who induced another person to commit a criminal offense by persuasion, bribery, threats, or other means.
4. Accessory (Part 5 of Article 28 CC RK)An accessory is a person who assisted in the commission of a criminal offense by providing advice, instructions, information, tools, or means of committing the offense, or by removing obstacles to its commission. A person who has previously promised to conceal the perpetrator, tools or other means of committing the offense, traces of the offense, or items obtained by illegal means, as well as one who has previously promised to acquire or sell such items, is also considered an accessory.
🔹 III. Liability of Accomplices
According to Article 29 of the CC RK, the criminal liability of accomplices is determined by the nature and degree of each participant’s involvement in committing the offense. Co-perpetrators bear liability under the same article of the CC RK as the perpetrator, without reference to Article 28. The organizer, instigator, and accessory bear liability under the relevant article of the CC RK with reference to the part establishing liability for complicity.
🔹 IV. Judicial Practice
Judicial practice of the Republic of Kazakhstan confirms the importance of the correct classification of accomplices’ actions. For example, when a person who did not have prior agreement joins in the commission of a crime, they are held liable as a co-perpetrator for the actual acts committed by them. This principle is reflected in the Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan dated June 21, 2001, No. 2.
🔹 V. Related Normative Acts
· Article 29 of the CC RK: defines the liability of accomplices.· Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan dated June 21, 2001, No. 2: clarifies the application of legislation on liability for banditry and other criminal offenses committed in complicity.
🔹 VI. Conclusion
Understanding the types of accomplices and their role in committing a crime is crucial for the proper classification of acts and the imposition of a fair punishment. The legislation of the Republic of Kazakhstan provides clear definitions and frameworks for holding all participants of a crime liable, ensuring the individualization of punishment depending on the nature and degree of each accomplice’s involvement.
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