of June 21, 2001 No. 2
About some questions of application by courts of the legislation on responsibility for gangsterism and other criminal offenses made in partnership
Due to the questions arising at courts in case of application of the legislation providing responsibility for making of criminal offense group of persons, group of persons by previous concert, gang or other criminal group, the Supreme Court of the Republic of Kazakhstan decides:
1. Draw the attention of courts to the increased danger of the criminal offenses made by group of persons, group of persons by previous concert, gang or other criminal group.
2. Partnership in criminal offense can take place only when making intentional criminal offense therefore making of criminal offense by several persons on imprudence cannot be considered as making of criminal offense by group of persons.
3. Giving legal treatment to actions of guilty persons as to the criminal offense made in the presence of the qualifying signs by "group of persons", "group of persons by previous concert", "criminal group", it is necessary to proceed from requirements, the stipulated in Article 31 Criminal Code of Kazakhstan (further - UK).
The qualifying signs making of criminal offense "group of persons", "by previous concert" can be imputed by group of persons when the criminal offense is made by two and more accomplices of criminal offense.
In case of qualification of actions of guilty persons on the basis of making of criminal offense "group of persons by previous concert" it is necessary to find out whether there was arrangement of two or more persons expressed in any form on making of criminal offense, whether collusion of these persons prior to the actions which are directly directed to making of criminal offense that is before accomplishment of the objective side of structure of criminal offense at least by one contractor took place.
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