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The Concept of Complicity in a Criminal Offense
📘 Article 27 of the Criminal Code of the Republic of Kazakhstan – The Concept of Complicity in a Criminal Offense
“Complicity in a criminal offense shall mean the intentional joint participation of two or more persons in the commission of an intentional criminal offense.”
🔹 I. Legal Nature and Significance of Complicity
Complicity is a form of multi-subject commission of a crime, in which two or more persons deliberately combine their efforts to realize a single criminal intent.
🧩 Intentionality is a mandatory element of complicity. ❌ Complicity in negligent crimes is impossible (for example, negligent homicide — Article 104 of the Criminal Code of the RK).
Complicity is important:· for determining the fair degree of responsibility of each participant;· for legal qualification (e.g., aggravating factors — commission by a group of persons);· for defining the role (perpetrator, organizer, instigator, accomplice).
🔹 II. Mandatory Elements of Complicity
| Element | Content |
|---|---|
| Presence of two or more persons | One person cannot be a participant |
| Intentional nature | All participants are aware of the social danger and wish to commit the crime |
| Joint actions | Interaction, coordinated behavior, contribution to the result |
| Commission of an intentional crime | Complicity in negligent crimes is excluded |
🔹 III. Types of Participants (Article 28 of the Criminal Code of the RK)
| Type of participant | Brief definition | Examples |
|---|---|---|
| Perpetrator | A person who directly commits the crime | Delivered a fatal blow |
| Co-perpetrator | Several persons jointly commit the crime | A group robs a store |
| Organizer | Directs, plans, recruits others | A crime mastermind |
| Instigator | Induces to commit a crime (persuasion, bribery) | Encourages killing an ex-spouse |
| Accomplice | Assists in the crime (provides information, tools, transport) | Provided a getaway car |
📖 According to Article 29 of the Criminal Code, all participants bear criminal responsibility according to the role they played.
🔹 IV. Examples from Practice
📍 Example 1 — Co-perpetrationTwo persons broke into an apartment and stole property. One broke the door, the other collected valuables.➡ Group crime (theft by prior conspiracy — subpara. 2 of para. 3 of Article 188 of the CC RK).
📍 Example 2 — Instigation and ComplicityPerson A persuades Person B to commit murder and gives him a gun.➡ A — instigator and accomplice, B — perpetrator.➡ Qualification according to roles under part 2 of Article 99 of the CC RK + reference to Article 28.
🔹 V. Difference Between Complicity and Other Forms of Joint Activity
| Form | Difference from complicity |
|---|---|
| Group without prior conspiracy | Accidental joining, not prearranged |
| Harm caused by negligence | No intent, excludes complicity |
| Direct perpetrator + assistance | Contribution is unequal — the nature of involvement matters |
🔹 VI. Related Legislative Provisions
📘 Criminal Code
| Article | Content |
|---|---|
| Art. 28 | Types of participants |
| Art. 29 | Liability of participants |
| Arts. 55, 56 | Sentencing of participants |
| Art. 58 | Aggregate of crimes and punishments |
📘 Criminal Procedure Code of the RK
| Article | Content |
|---|---|
| Art. 113 | Role of each person must be proven |
| Art. 125 | Court’s evaluation of evidence |
| Art. 138 | Joint consideration of cases of participants |
🔹 VII. Normative Resolutions of the Supreme Court of the RK
📜 Normative Resolution of the Supreme Court of the RK No. 2 of June 21, 2001“On Certain Issues of Liability for Banditry and Other Crimes Committed in Complicity”
Key provisions:· Actions of the organizer, accomplice, and instigator must be proven separately.· Co-perpetrators are liable both for their own actions and for the joint result.· Motives, role, and degree of participation are taken into account when qualifying and sentencing.
🔗 Source: zakonpravo.kz → Resolution No. 2 of 21.06.2001
🔹 VIII. Qualification and Punishment
Qualification considers:· The main elements of the crime;· The form of complicity (co-perpetration, aiding, etc.);· The degree of participation.
🔹 Co-perpetrators: under the main article, without reference to Article 28 of the CC RK🔹 Organizer, accomplice, instigator: under the main article, with reference to part 5 of Article 28 of the CC RK
📍 Example: The organizer of a robbery, who did not directly participate in its execution, bears liability under part 2 of Article 192 of the CC RK with reference to Article 28.
🧾 Conclusion
Article 27 of the CC RK lays the foundation for the qualification of group crimes. It requires investigators and courts to:· clearly analyze the nature of each person’s involvement;· establish intent and interaction between participants;· properly distinguish complicity from other forms of involvement.
⚖ This is essential both for ensuring individualized sentencing and for upholding the principle of fairness.
🔗 Sources:· Article 27 of the CC RK — adilet.zan.kz·
Normative Resolution of the SC RK No. 2 of 21.06.2001 — zakonpravo.kz·
CPC RK — adilet.zan.kz
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