Types of Accessories in a Crime

• Performer - 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.

• Organizer – a person 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.

• Abettor - a person who inclined another person to the commission of a given crime by way of persuasion, subornation, threat, or by any other method.

• Accomplice - a person 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.

Note: Criminal liability of accessories in a crime is determined by the character and degree of participation of each of them in the commission of a given crime.

Other participants in a given crime are not subject to criminal liability for an excess of a co-participant of a crime..

• Group of persons:

– if two or more performers jointly participate in the commission of a crime without preliminary collusion.

• Group of persons under preliminary collusion:

– if persons who participate in the commission of a crime earlier agreed on its commission.

• Organized group:

– if a crime is committed by a stable group of persons who united for the commission of crimes.

• Criminal association (criminal organization):

– if a crime is committed by a united organized group which is created for the commission of grave or especially grave crimes.

90. What are types of accessories in a crime?

91. What are circumstances which may release from criminal liability

• Necessary Self Defence or Defence of Another;

• Extreme Necessity;

• Justifiable Risk;

• Physical or Psychic Coercion;

• The Execution of an Order or an Instruction;

• The Causation of Damage When Detaining a Person Having Committed a Crime;

• The Performance of Operative-Investigative Measures.

92. What are circumstances which mitigate criminal liability and punishment?

commission for the first time of a lesser crime as a consequence of an accidental conjuncture of circumstances;

minority of a convict;

pregnancy;

existence of small children of a convict;

rendering of medical and other assistance to the victim directly after the commission of a crime;

commission of a crime as a result of concurrence of serious personal, family, or other circumstances;

commission of a crime as a result of physical or psychic coercion;

commission of a crime in violation of the conditions of lawful necessary self-defence, extreme necessity, detention of a person having committed a crime, justifiable risk, and the execution of an order or instruction;

unlawfulness or immorality of the behaviour of a given victim which served as a an incentive for a given crime;

sincere repentance and active contributing to the disclosure of a crime.

Note: When establishing punishment, other circumstances may also be taken into consideration as mitigating factors.

93. What are circumstances which aggravate criminal liability and punishment?

repetition of crimes, criminal recidivism;

causation of serious consequences by a crime;

commission of a crime within a group of persons, a group of persons in preliminary collusion, an organized group or a criminal association (criminal organization);

involvement in the commission of a crime of persons who suffer from serious psychic disorders or persons who did not reach the age from which criminal liability arises;

commission of a crime under a motivation of national, racial, or religious hatred or enmity;

commission of a crime with regard to a woman who is pregnant as well as with regard to a child, any defenseless or helpless person, or a person who is dependent upon the convict;

commission of a crime with regard to a person or his relatives in relation to the implementation by that given person of his official, professional, or public duty;

• commission of a crime involving an atrocity, sadism, as well as torments for the victim; commission of a crime with the use of arms, ammunition, explosive substances;

• commission of a crime with the use of conditions of an extraordinary situation, natural or other social disaster, as well as in cases of mass unrest;

• commission of a crime in a condition of alcoholic, narcotic, or toxicomanic inebriation (the court might not consider as aggravate circumstances)

• commission of a crime by a person who violated by that a military oath or a professional vow;

• commission of a crime with the use of a uniform or documents of a representative of authority.

Note:When establishing punishment, a court may not recognise as aggravating any other circumstances.

94. What is criminal punishment? What are its purposes?

• Punishment is a measure of state coercion which consists of deprivation or restriction of the rights and freedoms of that person which are stipulated by the Criminal Code.

• Punishment applies to a person who was found guilty in the commission of a crime and is appointed pursuant to a court's sentence.

Purposes of Punishment

• Restoration of social justice;

• Correction of a given convict;

• General prevention;

• Special prevention.

Note: Punishment must not have as its purpose the infliction of physical sufferings or humiliation upon human dignity.

95. What are the types of criminal punishment in RK?

• Fine;

• Deprivation of the right to hold a certain office, or to engage in certain activity;

• Engagement in public works;

• Correctional labour;

• Restriction in military service / Detention in a disciplinary military unit;

• Restriction of freedom;

• Deprivation of freedom;

• Capital punishment.

• Deprivation of special, military, or honorary ranks, diplomatic ranks and state awards.

• Forfeiture (Confiscation) of property.

Note:

– Fine and

– Deprivation of the right to hold a certain position, or to engage in a certain type of activity,

• may be applied either as principal or additional types of punishment

96. What is Animal Law? What kind of relations does it regulate?

• Animal law means the law that concerns animals.

• It is an entirely different concept from "animal rights".

• "Animal rights" is the expression of the philosophical and legal position that animals have legal rights.

• The discussion about the existence of animal rights is outside of the scope of this presentation and is instead the topic of another presentation in this panel.

97. What are the main sources of Animal law?

98. What are the “universal” legal acts in Animal law? What are the regulations which they contain?

• Civil Code

• Law on Veterinary Medicine

• Administrative Code

• Criminal Code

99. What are specific legal acts in Animal Law? What do they provide?

Agricultural animals

• Pets

• Wildlife

• Hunting and fishing regulations

• Animals used for entertainment

• Animal testing

100. What is animal welfare?

101. What is Model Law on Treatment of animals?

102. What is Civil Law? What are its principles?

Principles:

Equality of the participants

Inviolability of property

Freedom of agreement

Restitution for violated rights and their defense in the court

Unrestricted circulation of goods, services and monetary resources in the entire territory of the RK.

103. What is legal capacity?

is one’s capacity to have civil rights and obligations. All citizens have equal LC . LC begins from one’s birth and ends with one’s death.

104. What is dispositive legal capacity?

citizen’s capacity by his own actions to obtain and to exercise his civil rights, to create for himself civil obligations and to fulfill them.

105. What is legal entity?

• has its separate property on the basis of property right, right of business authority or right of operational management;

• is liable for its obligations with this property;

• can in its own name acquire and exercise property and personal non-property rights and obligations;

• can be a plaintiff and a defendant in the court;

• has independent balance-sheet or budget.

• A legal entity has a seal with its name

106. Which types of legal entities are there?

Profit; non-profit…

107. What is contract?

108. Which are the stages of formation of a contract?

109. What is liability?

110. Which are the components of property right?

111. What is family law?

Family Law is a body of rules which regulates:

• Entering into marriage

• Termination of marriage

• Property and non-property relations of spouses

• Civil rights and obligations of family members

• Adoption of children.

112. What is marriage?

113. Which are the conditions of entrance into marriage?

• Only a marriage registered in a correspondent state body is recognized by the state and has legal consequences

• Religious marriage is allowed, but it does not have any legal consequences

• There are no particular rules for unregistered cohabitations.