Responsibility for criminal offenses committed by the group
A criminal group is an association of several people with the aim of jointly perfecting one or more crimes. In the criminal legislation of the Republic of Kazakhstan, the term "criminal group" can have various forms and levels of organization, which affects qualifications.
Paragraph 24 of article 3 of the Criminal Code of the Republic of Kazakhstan covers a wide range of types of criminal formations, including organized groups, criminal organizations and communities, as well as international and transnational criminal formations, terrorist and extremist groups. Each of these categories has its own specifics and legal implications.
Brief comments on the basic concepts:
1. A criminal group is any group of persons who commit crimes together. This is a basic concept that encompasses organized groups, criminal organizations, and communities. 2. Organized group – according to Article 31 of the Criminal Code of the Republic of Kazakhstan (Criminal liability for criminal offenses committed by a group), this is a stable group of persons created to commit one or more crimes. This form of criminal activity implies preparation and coordination of actions.
3. A criminal organization is a more stable form of an organized group, which is created for long–term criminal activity and is characterized by a higher degree of organization and hierarchy. By analogy with a criminal community, a criminal organization may have more long-term goals and a complex internal structure.
4. Criminal community (criminal organization) – the term "criminal community" is considered in Article 262 of the Criminal Code of the Republic of Kazakhstan (Creation and leadership of an organized group, criminal organization, as well as participation in them) where it is understood as the organization of criminal activity by a group of persons to commit serious and especially serious crimes. It includes elements of hierarchy, role distribution, sustainability, and may include transnational elements.
5. Transnational organized group/criminal organization/criminal community – such groups go beyond the borders of one State and have an international character. These categories may be mentioned in international treaties and conventions, for example, the United Nations Convention against Transnational Organized Crime (Palermo Convention). Kazakhstan has ratified this convention, which also affects national norms on transnational criminal associations.
6. Terrorist group – according to Article 255 of the Criminal Code of the Republic of Kazakhstan (Act of Terrorism), a stable group of persons created to commit terrorist activities is recognized as a terrorist group. In Kazakhstan, the fight against terrorism is also regulated by the Law on Combating Terrorism.
7. An extremist group is a stable group of individuals created to carry out extremist activities, which is regulated by Article 182 of the Criminal Code of the Republic of Kazakhstan (Creation, leadership of an extremist group or participation in its activities), as well as the Law "On Countering Extremism".
8. Gang – according to Article 267 of the Criminal Code of the Republic of Kazakhstan (Organization of an illegal paramilitary group), a gang is a stable armed group of persons created to attack citizens or organizations.
9. Honest paramilitary actions – the term requires additional analysis, as there is no specific definition of this phrase in Kazakh law. It is possible that illegal paramilitary groups are meant here (see articles 267 and 263-264-265 of the Criminal Code of the Republic of Kazakhstan), as well as the provisions of the Law "On Combating Terrorism" and "On Countering Extremism".
Regulations and resolutions of the Supreme Court of the Republic of Kazakhstan:
1. Normative Resolution of the Supreme Court of the Republic of Kazakhstan dated June 21, 2001 No.
2. "On some issues of the application by courts of legislation on liability for banditry and other criminal offenses committed in complicity" — here the signs of banditry, a stable armed group, as well as methods of proving the corpus delicti are explained.
2. The Normative resolution of the Supreme Court of the Republic of Kazakhstan dated July 11, 2003 No. 8. "On judicial practice in cases of embezzlement" — provides an interpretation of organized criminal groups and criteria for sustainability.
3. The Law of the Republic of Kazakhstan "On Countering Terrorism" and the Law "On Countering Extremism" define the procedure for combating terrorist and extremist groups and establish sanctions for the creation and participation in such groups.
4. The UN Convention against Transnational Organized Crime (ratified by the Republic of Kazakhstan) — this international treaty plays a key role in regulating the issues of transnational criminal groups.
These documents and articles are important legal sources for understanding and applying the provisions concerning criminal groups and their activities under the criminal legislation of the Republic of Kazakhstan.
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