Excess of a Co-Perpetrator in a Criminal Offense

Article 30 of the Criminal Code of the Republic of Kazakhstan (CC RK) defines the concept of the excess of a co-perpetrator as the commission of a criminal offense by a person that is not covered by the intent of the other co-perpetrators. In such cases, the other co-perpetrators are not held criminally liable for actions that go beyond their shared intent.

🔹 I. Definition of Excess of a Co-Perpetrator

Excess of a co-perpetrator is a situation where one of the co-perpetrators commits actions that go beyond the preliminary agreement or common intent, and such actions were neither foreseen nor agreed upon by the other participants in the crime.

Key characteristics:

• Exceeding the limits of common intent: The actions of one co-perpetrator do not correspond to the prearranged agreement.
• Lack of awareness: The other co-perpetrators were not aware of and could not foresee the commission of these actions.
• Individual liability: Only the person who committed the excess is criminally liable for their actions.

🔹 II. Judicial Practice

Judicial practice confirms that in cases involving the excess of a co-perpetrator, the other participants are not held liable for actions that fall outside the bounds of the shared intent.

Example from practice:

In the case concerning the murder of figure skater Denis Ten, one of the accused, Zhanar Tolibayeva, stated that her involvement was limited to stealing mirrors from a car and that she was unaware of the other co-perpetrators’ intent to commit murder. The court took this circumstance into account when assessing her guilt.

🔹 III. Related Articles of the Criminal Code of the Republic of Kazakhstan

• Article 27 CC RK: defines the concept of participation in a criminal offense.
• Article 28 CC RK: establishes the types of participants in a criminal offense.
• Article 29 CC RK: regulates the liability of co-perpetrators of a criminal offense.

🔹 IV. Conclusion

The concept of excess of a co-perpetrator plays a crucial role in the individualization of criminal liability. It allows for a distinction between actions committed within the framework of common intent and those independently committed by one of the participants without the knowledge of the others. This ensures a fair assessment of each co-perpetrator’s guilt and prevents the unjust prosecution of individuals who were not involved in the excess.

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