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Causing harm to an assailant in a state of necessary defense does not constitute a criminal offense.
Article 31 of the Criminal Code of the Republic of Kazakhstan (CC RK) establishes the legal framework for the qualification and liability for crimes committed by a group of persons. Below is a detailed legal commentary with analysis, examples from practice, and references to related articles of other codes and regulatory rulings.
📘 Article 31 CC RK: Criminal liability for crimes committed by a group
1. A crime committed by a group of persons without prior conspiracyThis is recognized when two or more perpetrators jointly participate in committing a crime without prior agreement. Such participation may result from a spontaneous association of persons at the time of the crime, for example, spontaneous involvement in a fight that led to serious consequences.
2. A crime committed by a group of persons by prior conspiracyThis assumes that participants agreed in advance to commit the crime together. Such conspiracy may be reached orally, in writing, or in another way, not necessarily long before the crime. For example, planning a robbery with role distribution among participants.
3. A crime committed by a criminal groupThis includes organized groups, criminal organizations, communities, and other stable associations created to commit one or more crimes. The characteristics of such groups include stability, hierarchy, leadership, and role distribution. An example may be the activity of a criminal organization engaged in illegal drug trafficking.
4. Liability of the organizerA person who created or led a criminal group is liable for its organization and leadership, as well as for all crimes committed by the group, if they were covered by his or her intent. This means that the organizer is responsible not only for his or her own actions but also for the actions of other participants, if they were part of the common plan.
5. Liability of other participantsMembers of a criminal group are liable for participating in it and for crimes in the preparation or commission of which they took part. This ensures the individualization of liability depending on the role and contribution of each participant.
⚖️ Judicial practice and clarifications
Judicial practice of the Republic of Kazakhstan emphasizes the importance of correct qualification of crimes committed by a group of persons. For example, in a case involving a criminal group engaged in illegal drug trafficking, the court established the existence of prior conspiracy and role distribution, which made it possible to qualify the actions of participants under the relevant articles of the CC RK.
The Supreme Court of the Republic of Kazakhstan, in its regulatory rulings, explains that when qualifying crimes committed by a group of persons, it is necessary to take into account the presence of prior conspiracy, stability of the group, role distribution, and other circumstances confirming the organized nature of criminal activity.
📚 Related articles of the CC RK and regulatory acts
- Article 27 CC RK: The concept of complicity in a criminal offense.
- Article 28 CC RK: Types of accomplices in a criminal offense.
- Article 29 CC RK: Liability of accomplices in a criminal offense.
- Regulatory Ruling of the Supreme Court of the RK of June 21, 2001, No. 2: On certain issues of application by courts of the legislation on liability for banditry and other criminal offenses committed in complicity (Adilet).
🧾 Conclusion
Article 31 of the CC RK plays a key role in the qualification of crimes committed by a group of persons, ensuring the individualization of liability depending on the nature of each person’s participation. Correct application of this article contributes to fair and well-grounded prosecution of all participants in criminal activity.
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