Illegal paramilitary group
Criminal liability for an illegal paramilitary formation in Kazakhstan is provided for by Article 267 of the Criminal Code of the Republic of Kazakhstan, which establishes punishment for the organization, participation in the activities of such formations and their financing.
The main provisions of Article 267 of the Criminal Code of the Republic of Kazakhstan:
1. The organization of an illegal paramilitary formation, as well as the leadership of such a formation, is punishable by imprisonment for a term of 2 to 7 years, with or without confiscation of property.
2. Participation in an illegal paramilitary formation is also a crime and carries a penalty of up to 7 years in prison.
3. Financing of an illegal paramilitary group or other material support (for example, the supply of weapons or equipment) is also subject to criminal liability. This act is punishable by imprisonment for a term of 2 to 7 years, with or without confiscation of property.
4. If an illegal paramilitary group has taken part in serious crimes, such as terrorist acts, the liability may be increased depending on the nature of the crime.
Aggravating circumstances:
1. Participation as part of such a formation in armed conflicts or crimes against public security (for example, terrorism).
2. If the actions are associated with a threat to the national security or stability of the state.
Also, paragraph 18 of Article 3 of the Criminal Code of the Republic of Kazakhstan defines an "illegal paramilitary formation" as an association not provided for by the legislation of the Republic of Kazakhstan, which has a paramilitary organizational structure and has signs of combat capability and strict discipline. This formation can include detachments, squads or other groups consisting of three or more people, and is characterized by the presence of unity of command.
Comment on the concept of "illegal paramilitary formation":
1. A paramilitary organizational structure means that there is a hierarchy in the group, strict obedience to orders, and it is prepared to perform certain combat tasks.
2. Unity of command implies that the formation is managed by one person or a small group that makes key decisions and has the highest power within the group.
3. Combat capability indicates the presence of weapons, the readiness of group members to perform combat operations or other actions related to violence.
4. Strict discipline means strict observance of orders and punishments for their violation, which is characteristic of a military structure.
Legal basis and relationship with other laws:
- Article 267 of the Criminal Code of the Republic of Kazakhstan ("Organization of an illegal paramilitary formation") directly establishes criminal liability for the creation and leadership of such formations, as well as participation in their activities. The sentence may vary depending on the severity of the crime.
- The Law of the Republic of Kazakhstan "On National Security" and the Law "On Military Service and the Status of Servicemen" define legal paramilitary structures and activities related to the defense of the state. Any formations not provided for by these laws are illegal.
Examples of regulatory resolutions of the Supreme Court of the Republic of Kazakhstan:
1. Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan dated July 21, 1995 No. 4.
"On Judicial Practice in Cases of Theft of Firearms, Ammunition, Weapons and Explosives, Illegal Acquisition, Carrying, Storage, Manufacture or Sale thereof, and Negligent Storage of Firearms"
2. The Law of the Republic of Kazakhstan on the National Guard of the Republic of Kazakhstan.
explains law enforcement practice in cases related to the creation of or participation in illegal paramilitary formations. It specifies the criteria for identifying such groups, as well as the responsibilities of their members.
2. Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan dated December 8, 2017 No 11. "On Certain Issues of Judicial Practice on the Application of Legislation on Terrorist and Extremist Crimes". Since the creation of illegal paramilitary groups can overlap with extremist and terrorist activities, this regulation can also be used in the classification of crimes related to these groups.
Thus, the creation of and participation in illegal paramilitary groups is a serious crime that carries significant prison terms, as well as additional measures such as confiscation of property.
Attention!
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