Conspiracy

Kyrgyzstan

Kyrgyzstan - Criminal Code 2021 (2024) EN

Article 43. Liability of perpetrators and accomplices of a crime committed by a group of persons and a group of persons by prior conspiracy

1. The perpetrator and other accomplices of a crime committed by a group of persons or a group of persons by prior conspiracy shall be subject to criminal liability only on the basis of their personal guilt in a joint unlawful act, taking into account the nature and degree of participation of each of them in the commission of the crime.

2. The perpetrator (co-perpetrator) shall be subject to criminal liability under the article (part of the article) of the Special Part of this Code that provides for the crime committed by him.

3. The organizer, instigator and accomplice shall be subject to criminal liability under the same article of the Special Part of this Code as the perpetrator, with reference to the relevant part of Article 41 of this Code.

4. In the event that the perpetrator commits an unfinished crime, other accomplices are subject to criminal liability for complicity in the unfinished crime.

5. A person who, due to circumstances beyond his control, failed to persuade other persons to commit a crime shall be subject to criminal liability for preparation for a crime.

Rome Statute

Article 25 Individual criminal responsibility

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:

(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;