Commentary to article 30. The excess of an accomplice to a crime The Criminal Code of the Republic of Kazakhstan of the Criminal Code of the Republic of Kazakhstan

     The excess of an accomplice is recognized as the commission by a person of a crime that is not covered by the intent of other accomplices. Other accomplices are not criminally liable for the excess.      

According to Article 30 of the Criminal Code, the excess of an accomplice is recognized as the commission of a crime by a person that is not covered by the intent of other accomplices. An excess can be committed by any accomplice to a crime (the perpetrator, organizer, instigator, or accomplice), unlike previous criminal legislation, which provided only for the excess of the perpetrator. The responsibility of the accomplices is attributed only to those acts that were covered by their intent. Due to the fact that one of the subjective signs of complicity is the unity of intent of all accomplices, meaning that each of them is aware of what act he is involved in, the excess of any of them excludes the responsibility of others. For example, if the perpetrator, in addition to committing an apartment theft, stipulated by other accomplices, causes death to the owner of the apartment who suddenly appeared, which the accomplices did not agree on, there will be an excess of the accomplice of the crime.      

According to the degree of deviation of the performer from the agreement of the accomplices, the quantitative and qualitative excess differs. In some cases, when committing an act agreed upon with other accomplices, the perpetrator goes beyond the agreement either in terms of qualifying circumstances or in terms of the form of criminal encroachment. In other cases, the perpetrator commits another crime instead of the agreed one, causing damage to another object of protection (for example, rape instead of theft).      

Unlike previous legislation, which regulated only the excess of the perpetrator, Article 30 of the Criminal Code provides for the possibility of an accomplice's excess, that is, any of them can commit a crime that is not covered by the intent of other accomplices. At the same time, other accomplices are not criminally liable for the excess. In other words, the excess of the performer is going beyond the stipulated, i.e. independently, without the intent of other accomplices committed a crime. However, it may be more serious or less serious than the act that the accomplices conspired to commit (for example, the perpetrator was supposed to commit an apartment theft, but he also commits the murder of the apartment owner who suddenly returned). Similarly, one of the members of an organized group or criminal community should be held responsible if he committed a crime without the knowledge of other members of these groups.

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

 Constitution Law Code Standard Decree Order Decision Resolution Lawyer Almaty Lawyer Legal service Legal advice Civil Criminal Administrative cases Disputes Defense Arbitration Law Company Kazakhstan Law Firm Court Cases