Definition of a gang as an organized criminal group
In the criminal law of the Republic of Kazakhstan, a gang is defined as an organized criminal group that aims to attack citizens or organizations with the use or threat of using weapons or objects used as weapons. This definition is fixed in paragraph 7 of Article 3 of the Criminal Code of the Republic of Kazakhstan.
The difference from other organized groups:
The gang differs from other criminal formations in that its main purpose is to commit violent acts (attacks) using weapons. Unlike other organized groups, gangs are always associated with violent crimes that threaten people's lives or health.
Paragraph 7 of Article 3 of the Criminal Code of the Republic of Kazakhstan defines a gang as an organized group that aims to attack citizens or organizations with the use or threat of use of weapons or objects used as weapons.
Commentary and clarification:
1. The main signs of a gang:
- Organization: A gang is a stable group of individuals acting according to an agreed plan. This distinguishes it from spontaneous groups.
- The purpose of the attack: the main purpose of the gang is to commit attacks on citizens or organizations for selfish or other purposes.
- The use of weapons or the threat of their use: the key feature of a gang is the use of weapons or the threat of their use, which increases the degree of public danger of actions.
2. Article 268 of the Criminal Code of the Republic of Kazakhstan (Banditry):
- This article directly regulates responsibility for organizing and participating in a gang, as well as for committing attacks with its participation. The acts provided for in this article are classified as particularly serious crimes.
3. The difference between gangs and other criminal groups:
- It is important to distinguish a gang from a criminal community (Article 262 of the Criminal Code of the Republic of Kazakhstan). A criminal community can cover a wider range of crimes and is not necessarily related to the use of weapons. A gang is a group specifically organized for violent acts.
4. Connection with the Civil Code of the Republic of Kazakhstan:
- The consequences of the gang's actions can lead to significant property losses, which is regulated by articles of the Civil Code on compensation for damage (for example, Article 917 of the Civil Code of the Republic of Kazakhstan on compensation for damage).
5. Regulatory rulings of the Supreme Court of the Republic of Kazakhstan:
- An important document is:
- Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan dated June 21, 2001 No. 2. "On some issues of application by courts of legislation on liability for banditry and other criminal offenses committed in complicity",
- On amendments to the 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 crimes committed in complicity" Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan dated December 22, 2008 No. 15.
The above-mentioned Regulations clarify the qualification of crimes related to banditry and the criteria for distinguishing gangs from other organized groups. It also provides recommendations on the application of penalties for participating in a gang and for leading such a group.
6. The Law on Countering Extremism may also overlap with the actions of a gang if the group commits crimes aimed at undermining public order with the use of violence, which increases public danger.
Thus, a gang is a particularly dangerous form of organized crime characterized by the use of violence with the use of weapons. The activities of such groups are subject to strict criminal liability and are classified as particularly serious crimes.
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