Commentary to article 29. Responsibility of accomplices of a crime The Criminal Code of the Republic of Kazakhstan of the Criminal Code of the Republic of Kazakhstan
1. The criminal liability of accomplices is determined by the nature and degree of participation of each of them in the commission of a crime.
2. Co-executors are liable under the same article of this Code for a crime jointly committed by them without reference to Article 28 of this Code.
3. The responsibility of the organizer, instigator and accomplice shall be imposed under the article providing for punishment for the committed crime, with reference to Article 28 of this Code, except in cases when they were simultaneously co-perpetrators of the crime.
4. If the perpetrator of the crime fails to complete the crime due to circumstances beyond his control, the remaining accomplices of the crime are responsible for complicity in the preparation for the commission of a crime or in the attempted commission of a crime. A person who, due to circumstances beyond his control, has failed to persuade others to commit a crime is also criminally responsible for preparing for a crime.
5. A person who is not the subject of a crime specifically specified in the relevant article of the Special Part of this Code, who participated in the commission of a crime provided for in this article, shall bear criminal responsibility for this crime as its organizer, instigator or accomplice.
In accordance with Article 3 of the Criminal Code, the only basis for criminal liability is the commission of a crime, that is, an act containing all the elements of a crime provided for in the Criminal Code. The institution of complicity does not create a new basis for criminal liability and does not change its content. But with complicity, determining the grounds for criminal liability of accomplices is complicated by the fact that neither the organizer, nor the instigator, nor the accomplice themselves directly commit a socially dangerous act containing all the signs of a crime. There are two theoretical concepts in the science of criminal law on this issue. According to the first concept, the responsibility of accomplices directly depends on the actions of the perpetrator of the crime. This concept is called accessory.
The main provisions of this theory are as follows: 1) an accomplice may be held responsible for his actions only if there is a punishable action by the perpetrator; 2) an accomplice is held criminally liable under the article of the Special Part of the Criminal Code that is imputed to the perpetrator. The accessory nature of complicity lies in the fact that if the perpetrator has committed a completed crime, then the accomplices must also be responsible for the completed crime. If the perpetrator committed only an attempted crime, then the accomplice is also liable for the attempted crime.
In accordance with Part 1 of Article 29 of the Criminal Code, the criminal liability of accomplices is determined by the nature and degree of participation of each of them in the commission of a crime. The perpetrator is held criminally liable only under the article of the Special Part of the Criminal Code. Since the objective side of the crime is carried out by the perpetrator, it is obvious that the responsibility of the accomplices is directly made dependent by the Criminal Code of the Republic of Kazakhstan on what the perpetrator did, but only within the framework of their joint intent.
Part 2 of Article 29 of the Criminal Code establishes that the co-executors are responsible under the same article of the Criminal Code for the crime they jointly committed, without reference to Article 28 of the Criminal Code.
The provisions of Part 3 of Article 29 of the Criminal Code also proceed from the accessory nature of complicity, since it provides that the responsibility of the organizer, instigator, accomplice comes under the article defining the punishment for the crime committed, with reference to Article 28 of the Criminal Code, except in cases when they were simultaneously co-perpetrators of the crime.
The grounds and limits of criminal liability of accomplices are considered not only in relation to the completed criminal activity of the perpetrator (that is, when the crime conceived by the accomplices was carried out by the perpetrator), but also in cases where the perpetrator did not complete the crime due to circumstances beyond his control. Part 4 of art . 29 of the Criminal Code defines that, if the perpetrator of the crime does not complete the crime due to circumstances beyond his control, the remaining accomplices of the crime are responsible for complicity in the preparation for the commission of a crime or in the attempted commission of a crime, that is, the responsibility of the accomplices in the presence of such circumstances depends on the stage at which the criminal activity of the perpetrator was terminated. A person who, due to circumstances beyond his control, has failed to persuade others to commit a crime is also criminally responsible for preparing for a crime.
The limits of responsibility of accomplices in a crime are determined by how well each of the accomplices has qualified what he has done. The general conditions for the correct qualification of the crime committed by accomplices are: the correct definition of the form of complicity (by a group of persons without prior collusion, or with prior collusion, an organized group or a criminal commuThe limits of responsibility of accomplices in a crime are determined by how well each of the accomplices has qualified what he has done. The general conditions for the correct qualification of the crime committed by accomplices are: the correct definition of the form of complicity (by a group of persons without prior collusion, or with prior collusion, an organized group or a criminal community). If a crime is committed by a group of persons by prior agreement and this circumstance is provided for in the article of the Special Part of the Criminal Code as a qualifying feature, then all accomplices are charged with this qualified compositionIf a crime is committed by a group of persons by prior agreement and this circumstance is provided for in the article of the Special Part of the Criminal Code as a qualifying feature, then all accomplices are charged with this qualified composition. At the same time, the actions of the organizer, instigator, accomplice require a reference to art. 28 of the Criminal Code. If the crime was committed by an organized group, then the actions of the organizer are classified according to the totality of crimes (article of the Special part of the Criminal Code, which provides for responsibility for the actions of an organized group and part 1 of art. 235 of the Criminal Code - for the cr235 of the Criminal Code - for the creation and management of an organized group). A reference to Article 28 of the Criminal Code in this case is not required to qualify the actions of the organizer, since his organizational activities have already received a legal assessment. If a crime is committed by a criminal community (criminal organization), then the actions of the organizer require qualification according to the totality of crimes (according to the article of the Special part of the Criminal Code, which provides for responsibility for the deeds of the criminal community and part 2 of art. 235 of the Criminal Code - for the creation and leadership of a criminal community). At the same time, the actions of the perpetrator, instigator, and accomplice also require qualification according to the totality of crimes (according to the article of the Special Part of the Criminal Code, which provides for responsibility for the actions of a criminal community and Part 3 of Article 235 of the Criminal Code - for participation in a criminal community).
The Criminal Code of the Republic of Kazakhstan contains separate norms providing for the responsibile Criminal Code of the Republic of Kazakhstan contains separate norms providing for the responsibility of special entities. For example, responsibility for violating the rules of traffic safety and operation of transport, according to Article 295 of the Criminal Code, can only be borne by employees of railway, water or air transport; responsibility for making a knowingly unlawful verdict, decision, ruling or resolution (Article 362 of the Criminal Code) is only for judges, etc. A crime involving a special subject may be committed not by any sane person who has reached the age prescribed by law for this crime, but by a person with special qualities. The peculiarity of complicity with a special subject is that, in accordance with the nature of these crimes, common subjects can be organizers, instigators and accomplices, but not the perpetrators of the crime (according to Part 5 of Article 29 of the Criminal Code). It should be borne in mind that the qualifying signs of a crime related to the identity of the perpetrator may be attributed to other accomplices (the organizer, instigator and accomplice) if they were aware that the perpetrator has these qualifying signs, and their actions contributed to the commission of crimes by this particular perpetrator.
A crime involving a special entity is considered to have been committed in complicity if two or more persons with the characteristics of a special entity participated in its commission. The resolution of the Plenum of the Supreme CourA crime involving a special entity is considered to have been committed in complicity if two or more persons with the characteristics of a special entity participated in its commission. The resolution of the Plenum of the Supreme Court of the Republic of Kazakhstan "On the practice of applying legislation on liability for bribery by courts" dated December 22, 1995 (as amended and supplemented) states that "a bribe should be considered received by prior agreement by a group of persons if it involved two or more officials who had previously agreed to commit a joint crime." this crime. Actions of anActions of an official related to receiving a bribe in collusion with a person who is not an official cannot be regarded as receiving a bribe by prior agreement of a group of persons."
The basis for criminal liability of accomplices should be recognized as an act committed by the perpetrator, which contains all the elements of a crime and is in direct causal connection with the acts of the accomplices. The act of the perpetrator and the actions of the accomplices, along with the fact that they are interrelated, interdependent, and interdependent, should also be covered by a single intent.
Although accomplices are responsible for a common crime, they are held criminally liable within the limits of what they personally committed, that is, in accordance with the role they played in complicity.
Commentary from 2007 to the Criminal Code of the Republic of Kazakhstan from the Honored Worker of Kazakhstan, Doctor of Law, Professor, Academician of the Kazakhstan National Academy of Natural Sciences BORCHASHVILI I.Sh.
Date of amendment of the act: 08/02/2007 Date of adoption of the act: 08/02/2007 Place of acceptance: NO Authority that adopted the act: 180000000000 Region of operation: 100000000000 NPA registration number assigned by the regulatory body: 167 Status of the act: new Sphere of legal relations: 028000000000 Report form: COMM Legal force: 1900 Language of the Act: rus
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