Article 31. Criminal liability for criminal offenses committed by a group of the Criminal Code of the Republic of Kazakhstan, the Criminal Code of the Republic of Kazakhstan

Home / RLA / Article 31. Criminal liability for criminal offenses committed by a group of the Criminal Code of the Republic of Kazakhstan, the Criminal Code of the Republic of Kazakhstan

1. A criminal offence shall be deemed to have been committed by a group of persons if two or more perpetrators jointly participated in its commission without prior agreement.

2. A criminal offense is recognized as committed by a group of persons by prior agreement if it involved persons who had previously agreed to jointly commit a criminal offense.

3. A crime is recognized as committed by a criminal group if it is committed by an organized group, a criminal organization, a criminal community, a transnational organized group, a transnational criminal organization, a transnational criminal community, a terrorist group, an extremist group, a gang, or an illegal paramilitary group.

4. A person who created or led a criminal group shall be subject to criminal liability for organizing and leading a criminal group in the cases provided for in the relevant articles of the Special Part of this Code, as well as for all crimes committed by the criminal group if they were covered by his intent.

5. Other members of a criminal group are criminally liable for participating in it in the cases provided for in the relevant articles of the Special Part of this Code, as well as for crimes in the preparation or commission of which they participated.

6. The founders, participants, managers, members of governing bodies and employees of organizations registered as a legal entity, and (or) managers, employees of their structural divisions cannot be recognized as a criminal group solely by virtue of the organizational and staff structure of the organization and (or) its structural division and the commission of any crime in connection with the implementation of their authority to manage the organization or in connection with the organization's entrepreneurial or other economic activities, except in the case of, when these organizations and/or their structural divisions were deliberately created to commit one or more crimes.

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Republic of Kazakhstan

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