Criminal law and criminological characteristics of a criminal group as a special form of complicity in a crimele of the article

Abstract

Relevance. Criminal group as a form of complicity improves and becomes more complicated in its structure every year through various means of communication. The relevance of the study lies in the fact that over time, a periodic review of the norms of legislation is necessary for compliance with the realities and crimes of our time. Purpose. The purpose of this research is, firstly, a general analysis of the criminal procedural features of criminal groups in order to determine the compliance of the regulations with the realities of the modern distribution of criminal groups, and secondly, the study of criminological features of a criminal group, the definition of ways to prevent and combat criminal groups. Methodology. The paper uses the method of analysis and synthesis, descriptive, statistical analysis, induction and deduction, comparison, formal legal, and system analysis methods. Aspect and intersectoral approaches were also applied. Results. The statistics of crimes committed by criminal groups involving minors, as well as the statistics of criminal groups (crimes under Articles 257-259 and 262-268 of the Criminal Code of the Republic of Kazakhstan) for the period from February 2020 to February 2023 are considered. A classification of psychological conflicts within a criminal group is proposed. Suggestions are made to improve the investigation of crimes with this form of complicity, and the stages of prevention and detection of such are presented. The norms of the Criminal Procedure Code of the Republic of Kazakhstan have been studied for the features of such a form of complicity as a criminal group. A cooperation agreement has been considered as one of the ways to identify a criminal group. Conclusions. Thus, the study highlighted and analysed the criminal law and criminological features of several types of criminal groups and provided general social and criminal law recommendations for preventing this type of crime. Keywords: criminal procedural features; organized group; criminal organization; organizer�s conflict; cooperation agreement