The legal status of a person occupying a leading position in an organized criminal group
A person in a leading position, according to paragraph 32 of Article 3 of the Criminal Code of the Republic of Kazakhstan (CC RK), is a person to whom members of an organized criminal group (OCG) or a criminal organization entrust the authority to coordinate their criminal activities. This person plays a key role in making the most important and strategic decisions affecting the direction of the criminal activity of the entire group.
The main signs of a "person in a leading position":
1. Coordination of actions: This person manages the group's activities, organizes and distributes roles among the participants, and ensures the execution of criminal plans.
2. Recognition by group members: Within a group or organization, this person has authority and is given the authority to make the most significant decisions.
3. Responsibility for criminal activity: A person makes strategic decisions that relate to the general plan of crimes, their nature and methods of commission.
4. Decision-making authority: Such individuals are often informal leaders who determine the policies and actions of the entire criminal organization.
Related articles of the Criminal Code of the Republic of Kazakhstan:
1. Article 262 of the Criminal Code of the Republic of Kazakhstan – Creation, leadership of a criminal group (criminal organization) or participation in it. This article provides for liability for persons who lead or take part in an organized criminal group or a criminal organization. For persons in a leading position, a more severe punishment is provided.
2. Article 257 of the Criminal Code of the Republic of Kazakhstan – Creation and leadership of a terrorist group**. The leaders of such groups are punished for organizing terrorist activities and coordinating criminal activities.
Legislation:
- On combating human trafficking, the Law of the Republic of Kazakhstan dated July 5, 2024 No. 110-VIII SAM. This Law defines the organizational and legal framework for countering human trafficking. The law is also aimed at regulating and preventing the activities of organized criminal groups, describing measures to combat their leaders and participants.
- The Law of the Republic of Kazakhstan dated August 28, 2009 No. 191-IV. "On countering the legalization (laundering) of proceeds from crime and the financing of terrorism." The leaders of criminal groups are often involved in financial crimes related to money laundering and the financing of illegal activities.
Regulatory rulings of the Supreme Court of the Republic of Kazakhstan:
1. 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." This ruling explains how courts should classify the actions of persons holding leading positions in organized groups. It is pointed out that a thorough study of the role of each member of the group and the establishment of the fact of leadership is necessary for the correct qualification.
2. Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan dated July 11, 2003 No. 8. "On judicial practice in cases of embezzlement." It provides explanations on the qualification of the acts of persons who coordinate criminal activities, as well as substantiates the signs of an organized criminal group.
Comment:
A person who holds a leading position in a criminal group bears great responsibility for coordinating and organizing criminal activities. This is the role of not just a leader, but a person who makes decisions that determine the nature and direction of all criminal activity. This position may be official or based on authority within the group.
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