Legal Status of a Person Holding a Leading Position in an Organized Criminal Group
A person holding a leading position, as defined in Paragraph 32 of Article 3 of the Criminal Code of the Republic of Kazakhstan (CC RK), is an individual entrusted by members of an organized criminal group (OCG) or criminal organization with the authority to coordinate their criminal activities. This person plays a key role in making the most important and strategic decisions that determine the direction of the group’s criminal conduct.
Key Characteristics of a "Person Holding a Leading Position":
Coordination of Actions: This individual manages the group’s activities, organizes and allocates roles among participants, and ensures the execution of criminal plans.
Recognition by Group Members: Within the group or organization, the individual possesses authority and is entrusted with decision-making powers concerning significant matters.
Responsibility for Criminal Activities: The person makes strategic decisions regarding the overall criminal plan, the nature of crimes, and the methods of their commission.
Decision-Making Powers: Such individuals often act as informal leaders who define the policies and activities of the entire criminal organization.
Related Articles of the Criminal Code of the Republic of Kazakhstan:
Article 262 CC RK – Creation, leadership of a criminal group (criminal organization) or participation therein. This article establishes criminal liability for individuals who lead or participate in an OCG or criminal organization. Harsher penalties are provided for those in leading positions.
Article 257 CC RK – Creation and leadership of a terrorist group. Leaders of such groups are liable for organizing terrorist activities and coordinating criminal acts.
Legislation:
Law of the Republic of Kazakhstan dated July 5, 2024, No. 110-VIII ZRK “On Counteracting Human Trafficking”. This law establishes the organizational and legal framework for combating human trafficking and also aims to regulate and prevent the activities of organized criminal groups, describing measures to combat their leaders and members.
Law of the Republic of Kazakhstan dated August 28, 2009, No. 191-IV “On Counteracting the Legalization (Laundering) of Proceeds from Crime and the Financing of Terrorism”. Leaders of criminal groups are often involved in financial crimes related to money laundering and the financing of illegal activities.
Normative Resolutions of the Supreme Court of the Republic of Kazakhstan:
Normative Resolution of the Supreme Court of the Republic of Kazakhstan dated June 21, 2001, No. 2 – “On Certain Issues of the Application of Legislation by the Courts on Liability for Banditry and Other Criminal Offenses Committed in Complicity”. This resolution clarifies how courts should qualify the actions of individuals occupying leading positions in organized groups. It emphasizes the need for thorough examination of each member’s role and the establishment of leadership in order to determine proper legal classification.
Normative Resolution of the Supreme Court of the Republic of Kazakhstan dated July 11, 2003, No. 8 – “On Judicial Practice in Cases of Theft”. This document provides clarification on how to qualify the actions of individuals coordinating criminal activities and outlines the indicators of an organized criminal group.
Commentary:
A person holding a leading position in a criminal group bears heightened responsibility for coordinating and organizing criminal activities. This role is not merely that of a manager, but that of a decision-maker whose directives shape the nature and direction of the entire criminal enterprise. Such a position may be formal or based on recognized authority within the group.
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