Individual criminal responsibility

Kazakhstan

Kazakhstan - Criminal Code 2014 (2023) EN

Article 27. The concept of complicity in criminal infraction

A complicity in criminal infraction shall be recognized an intentional joint participation of two or more persons in commission of intentional criminal infraction.

Article 28. Types of accomplices of a criminal infraction

1. Accomplices of criminal infraction along with the perpetrator shall be recognized as organizer, instigator and accomplice.

2. Perpetrator shall be recognized as a person, immediately committed a criminal infraction or immediately participated in its commission jointly with other persons (joint participants), as well as the person, committed a criminal infraction by use of other persons, not subject to the criminal responsibility by virtue of age, insanity or other circumstances, provided by this Code, and equally by use of persons, committed an action by negligence.

3. Organizer shall be recognized as a person, organized commission of a criminal infraction or managed its execution, and equally the person, created the criminal group or managed it.

4. An instigator is a person who persuaded another person to commit a criminal offense by persuasion, bribery, threat or other means.

5. An accomplice is a person who assisted in the commission of a criminal offense by advice, instructions, providing information, tools or means of committing this act or removing obstacles to its commission, as well as a person who promised in advance to hide the perpetrator, tools or other means of committing a criminal offense, traces of this act or objects obtained illegally, as well as a person, promised in advance to purchase or sell such items.

Article 29. Responsibility of accomplices of a criminal responsibility

1. A criminal responsibility of accomplices shall be determinated by the nature and extent of participation of each of them in commission of criminal infraction.

2. Joint participants are responsible for the same article of this Code for the joint commission of a criminal infraction by them without reference to Article 28 of this Code.

3. Responsibility of organizer, instigator and accomplice occurs according to Article, providing a punishment for committed action, with reference to Article 28 of this Code, except for the cases, when they simultaneously were joint participants.

4. In the case of not bringing of a crime to the end by executor due to circumstances beyond the control of him (her), other participants shall bear responsibility for complicity in preparation for crime or in attempt to commit crime. Also a person who, for circumstances beyond his (her) control failed to manage others to commit this action shall bear a criminal responsibility for preparation for crime.

5. A person, not being a subject of criminal infraction, specially specified in relevant Article of Special part of this Code, participated in commission of action, provided by this Article shall bear a criminal responsibility for this criminal infraction as his (her) organizer, instigator or accomplice.

Article 371. Negligence

1. Negligence, in other words nonperformance or improper performance of obligations by person, authorized to exercise the state functions, or person equated to him (her), or civil servant, or person, holding responsible state position, due to unconscientious or negligent attitude to the service, if it is entailed infliction of substantial harm to rights and legal interests of citizens or organizations or legally protected interests of society or the state, -
shall be punished by a fine in the amount of up to one thousand monthly calculation indices or corrective labors in the same amount, or community services for a term of up to four hundred hours, or restriction of liberty for a term of up to one year, or deprivation of liberty for the same term.

2. The same action, entailed the grave consequences by negligence, -
shall be punished by a fine in the amount of up to four thousand monthly calculation indices or corrective labors in the same amount, or community services for a term of up to one thousand hours, or restriction of liberty for a term of up to four years, or deprivation of liberty for the same term, with deprivation of the right to hold certain positions or engage in certain activity for a term of up to three years.

Kazakhstan - Criminal Code 1997 (2004) EN

Section II. A Crime

Article 27. The Concept of Complicity in a Crime

Deliberate joint participation of two or more persons in the commission of a deliberate crime shall be recognised as criminal complicity.

Section II. A Crime

Article 28. Types of Accessories in a Crime

1. Along with a performer of a given crime, an organizer, abettor, and accomplice shall be recognised as accessories in a crime.

2. An organizer shall mean a person who directly committed a given crime, or who directly participated in its commission, together with other persons (co-performers), as well as a persons who committed a crime by way of using other persons who are not subject to criminal liability due to their age, insanity, or other circumstances, stipulated by the present Code, as well as by way of using persons who committed a given act by negligence.

3. A person shall be recognised as an organizer who organized the commission of a given crime, or who guided its execution, as well as a person who created an organized criminal group, or a criminal association (criminal organization), or a person who managed them.

4. A person shall be recognised as an abettor who inclined another person to the commission of a given crime by way of persuasion, subornation, threat, or by any other method.

5. A person shall be recognised as an accomplice who co-operated in the commission of a crime by advice, instructions, granting of information, instruments, or means for the commission, or by elimination of the impediments for the commission of a crime, as well as a person who promised in advance to conceal a criminal, instruments, or other means of the commission of a given crime, traces of a crime, or objects acquired by criminal means, as well as a person who earlier promised to acquire or to purchase such objects.

Rome Statute

Article 25 Individual criminal responsibility

1. The Court shall have jurisdiction over natural persons pursuant to this Statute.

2. A person who commits a crime within the jurisdiction of the Court shall be individually responsible and liable for punishment in accordance with this Statute.

3. In accordance with this Statute, a person shall be criminally responsible and liable for punishment for a crime within the jurisdiction of the Court if that person:

(a) Commits such a crime, whether as an individual, jointly with another or through another person, regardless of whether that other person is criminally responsible;

(b) Orders, solicits or induces the commission of such a crime which in fact occurs or is attempted;

(c) For the purpose of facilitating the commission of such a crime, aids, abets or otherwise assists in its commission or its attempted commission, including providing the means for its commission;

(d) In any other way contributes to the commission or attempted commission of such a crime by a group of persons acting with a common purpose. Such contribution shall be intentional and shall either:

(i) Be made with the aim of furthering the criminal activity or criminal purpose of the group, where such activity or purpose involves the commission of a crime within the jurisdiction of the Court; or

(ii) Be made in the knowledge of the intention of the group to commit the crime;

(e) In respect of the crime of genocide, directly and publicly incites others to commit genocide;

(f) Attempts to commit such a crime by taking action that commences its execution by means of a substantial step, but the crime does not occur because of circumstances independent of the person's intentions. However, a person who abandons the effort to commit the crime or otherwise prevents the completion of the crime shall not be liable for punishment under this Statute for the attempt to commit that crime if that person completely and voluntarily gave up the criminal purpose.

3 bis. In respect of the crime of aggression, the provisions of this article shall apply only to persons in a position effectively to exercise control over or to direct the political or military action of a State.

4. No provision in this Statute relating to individual criminal responsibility shall affect the responsibility of States under international law.