Criminal Liability of Accomplices to a Criminal Offense
Article 29 of the Criminal Code of the Republic of Kazakhstan (CC RK) regulates the principles of holding individuals criminally liable for participation in the commission of an offense in various roles. Below is a detailed legal commentary, including analysis, examples from judicial practice, and references to related normative acts.
📘 General Provisions
Article 29 of the CC RK stipulates that criminal liability of accomplices is determined based on the nature and degree of each person’s participation in the commission of the offense. This means that each accomplice bears responsibility in accordance with their role and contribution to the crime.
🔹 Liability of Co-perpetrators
Co-perpetrators—those who jointly and directly participated in the commission of the offense—are held liable under the same article of the CC RK for the jointly committed offense, without reference to Article 28. This emphasizes equal liability of all co-perpetrators for the committed act.
🔹 Liability of Organizers, Instigators, and Aiders
Organizers, instigators, and aiders are held liable under the article prescribing punishment for the committed act, with reference to Article 28 of the CC RK, unless they also acted as co-perpetrators. This approach allows the specific role of each accomplice to be taken into account.
🔹 Liability When the Crime Was Not Completed
If the perpetrator did not complete the crime due to circumstances beyond their control, the remaining accomplices are held liable for participation in preparation for or attempt to commit the offense. Likewise, a person who unsuccessfully attempted to instigate others to commit a crime due to circumstances beyond their control is held liable for preparation for a crime.
🔹 Liability of Persons Who Are Not Special Subjects
If a person is not a special subject as defined in the relevant article of the Special Part of the CC RK but participated in the commission of the act provided for in that article, they are held criminally liable as an organizer, instigator, or aider.
📚 Related Normative Acts
· Article 28 of the CC RK: defines the types of accomplices in a criminal offense.· Article 30 of the CC RK: regulates the concept of excess by an accomplice.· Article 31 of the CC RK: outlines the forms of complicity in a crime.
🧾 Examples from Judicial Practice
Example 1: Person A organized a criminal group to commit thefts. Person B, who was not a special subject, provided information about potential targets. The court classified A as the organizer and B as an aider, despite B not being a special subject.
Example 2: Person C attempted to instigate a minor to commit a crime, but the minor refused to participate. The court classified C’s actions as preparation for a crime and held them liable under part 4 of Article 29 of the CC RK.
🧠 Conclusion
Article 29 of the CC RK ensures individualization of criminal liability for accomplices by considering the nature and degree of each person’s involvement in the offense. This contributes to fair and justified prosecution of all individuals involved in the crime, according to their role and contribution.
Attention!
Law and Law Law Law draws your attention to the fact that this document is basic and does not always meet the requirements of a particular situation. Our lawyers are ready to assist you in legal advice, drawing up any legal document suitable for your situation.
For more information, please contact a Lawyer / Attorney by phone: +7 (708) 971-78-58; +7 (700) 978 5755, +7 (700) 978 5085.
Attorney at Law Almaty Lawyer Legal Services Legal Advice Civil Criminal Administrative Cases Disputes Protection Arbitration Law Firm Kazakhstan Law Office Court Cases
