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Preparation for a Crime and Attempt to Commit a Crime
📘 ARTICLE 24 OF THE CRIMINAL CODE OF THE REPUBLIC OF KAZAKHSTAN — PREPARATION AND ATTEMPT TO COMMIT A CRIME
🔹 I. GENERAL PROVISIONS
Article 24 of the Criminal Code regulates the stages of committing a crime prior to its completion. It covers two types of unfinished crimes:
· Preparation — the initial stage;· Attempt — the stage of beginning the realization of intent.
Kazakhstan’s criminal law recognizes such acts as socially dangerous and punishable under certain conditions (depending on the seriousness of the planned crime and the stage of implementation of intent).
🔹 II. PREPARATION FOR A CRIME (PARTS 1 AND 2 OF ARTICLE 24 CC RK)
✅ Definition
Preparation refers to actions committed with direct intent, aimed at creating conditions for committing a crime, but the crime was not brought to completion due to circumstances beyond the person’s control.
🔍 Key forms of preparation:
· Procurement / production / adaptation of instruments of crime;· Finding accomplices;· Conspiracy to commit a crime;· Other actions creating conditions.
⚖ Conditions of criminal liability:
According to Part 2 of Article 24 CC RK, liability for preparation arises only in relation to serious, especially serious, and terrorist crimes.
🔹 III. ATTEMPT TO COMMIT A CRIME (PARTS 3 AND 4 OF ARTICLE 24 CC RK)
✅ Definition
An attempt is an act (or omission) committed with direct intent and directly aimed at committing a crime, which, however, was not completed due to circumstances beyond the person’s control.
🔍 Distinguishing features:
· The act already affects the protected object;· The realization of intent has actually begun;· The crime is interrupted by external causes (detention, weapon malfunction, intervention, etc.).
⚖ Criminal liability:
An attempt is punishable in relation to crimes of medium gravity, serious and especially serious crimes, as well as terrorist crimes (Part 4 of Article 24 CC RK).
🔹 IV. QUALIFICATION OF AN UNFINISHED CRIME (PART 5 OF ARTICLE 24 CC RK)
➡ In both cases, liability is imposed under the same article of the CC RK as for a completed crime, with a mandatory reference to Article 24 (for example: Part 3 of Article 24 + Part 2 of Article 192 CC RK — attempted robbery).
🔹 V. EXAMPLES FROM JUDICIAL PRACTICE
📍 Example 1: Preparation for murder
A person purchased a firearm, determined the victim’s location, and followed them, but was detained by the police before attempting the attack.➡ Qualification: Preparation for murder (Part 1 of Article 24 + Part 1 of Article 99 CC RK).
📍 Example 2: Attempted theft
A person broke into a building, forced open a safe lock, but did not manage to take the money — the alarm went off, and security detained him.➡ Qualification: Attempted theft (Part 3 of Article 24 + Part 3 of Article 188 CC RK).
🔹 VI. RELATED ARTICLES OF OTHER CODES AND LAWS
| Code | Article | Content |
|---|---|---|
| Criminal Code | Article 15 | Categories of crimes (minor, medium gravity, serious, especially serious) |
| CC | Article 16 | Terrorist crimes |
| CC | Article 53 | Mitigating circumstances (incompleteness as a basis) |
| CC | Article 58 | Sentencing for an unfinished crime |
| CPC | Article 113 | Subject to proof: intent, stage of act |
| CPC | Articles 124–125 | Inner conviction of the court when assessing evidence |
| Civil Code | Article 923 | Obligation to compensate for harm in case of fault — important in parallel civil and criminal proceedings |
🔹 VIII. THEORETICAL AND PRACTICAL CONCLUSIONS
| Question | Answer |
|---|---|
| When does liability for preparation arise? | Only for serious, especially serious, and terrorist crimes |
| What is the difference between attempt and preparation? | In the stage of realization of intent: attempt — the beginning of execution, preparation — preparatory actions only |
| Is exemption from liability possible? | Yes, in the case of voluntary renunciation (see Article 26 CC RK) |
| Does the stage matter when sentencing? | Yes, always a mitigating factor (Articles 53, 58 CC RK). |
🧾 CONCLUSION
Article 24 of the CC RK reflects the legislator’s intention to prevent crimes at the stage of intent formation or its initial implementation. It:
✅ Allows for holding individuals criminally liable at an early stage;✅ Protects society’s interests from a real threat;✅ Requires the court to clearly establish the form of guilt, stage, and circumstances of interruption of the act.
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.
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