Criminal community as a form of organized criminal group
A criminal community is a more complex and dangerous form of criminal activity compared to criminal forms or schemes. Here we are talking about structured and long-term coordination of actions between several criminal organizations.
· Joining such an association presupposes the existence of preliminary negotiations, coordinated strategic actions and long-term criminal goals.
· A criminal community is often characterized by a high level of stability, conspiracy, and control over serious financial problems, which increases the danger of their actions to society.
Paragraph 23 of Article 3 of the Criminal Code of the Republic of Kazakhstan (hereinafter referred to as the Criminal Code of the Republic of Kazakhstan) defines a criminal community as an association of two or more criminal organizations that conspire to commit one or more criminal offenses together or to create conditions for the independent commission of crimes.
Comment and explanation:
1. A criminal community (or otherwise a "criminal organization") is a form of organized criminal group with a high degree of structure and stability. An important element is collusion aimed at committing specific criminal offenses. In the criminal law theory of Kazakhstan, criminal communities are considered as particularly dangerous forms of criminal activity, as they can act systematically and evade punishment for a long time due to a complex hierarchy.
2. The difference from other forms of criminal associations: The Criminal Code of the Republic of Kazakhstan identifies various forms of criminal associations:
- A criminal group (for example, paragraph 5 of Article 3 of the Criminal Code of the Republic of Kazakhstan) is a group of persons who have joined together to commit one or more crimes, but without the structure of a criminal community.
- A criminal organization (paragraph 22 of Article 3 of the Criminal Code of the Republic of Kazakhstan) is a more structured and long—term association for the commission of crimes.
The criminal community (paragraph 23 of Article 3) unites several criminal organizations and is the most complex form of organized crime.
3. Connection with other articles of the Criminal Code of the Republic of Kazakhstan:
- Article 262 of the Criminal Code of the Republic of Kazakhstan establishes criminal liability for the creation, leadership and participation in a criminal community. The punishment here is enhanced in comparison with less complex forms of criminal associations.
- Article 264 of the Criminal Code of the Republic of Kazakhstan — directly indicates responsibility for financing criminal communities or providing them with other material resources.
- Article 268 of the Criminal Code of the Republic of Kazakhstan — "Banditry" — describes the creation, leadership of a gang or participation in its actions. Although a gang may be part of a criminal community, a criminal community includes a much broader range of individuals and organizations than a gang.
4. Regulatory rulings of the Supreme Court of the Republic of Kazakhstan:
- Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan dated June 21, 2001 No. 2. "On certain issues of application by courts of legislation on liability for banditry and other criminal offenses committed in complicity" clarifies the procedure for classifying crimes committed by criminal groups and communities. In particular, the Supreme Court emphasizes the importance of proving the stability and consistency of the activities of the criminal community in the qualification of crimes.
- Normative Resolution of the Supreme Court of the Republic of Kazakhstan dated July 11, 2003 No. 8. "On judicial practice in cases of embezzlement", it is noted that in order to qualify an act as participation in a criminal community, it is necessary to have a prior conspiracy and separation of roles in the commission of crimes.
- The Law of the Republic of Kazakhstan "On Combating Organized Crime" regulates measures to combat organized crime and coordinate the actions of relevant authorities in this area. This law establishes additional mechanisms to prevent the creation of criminal communities and to bring their participants to justice.
Thus, a criminal community is a complex form of criminal activity aimed at the sustained and organized commission of crimes. The legislator identifies criminal communities in a separate category to strengthen responsibility for such acts.
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