NORMATIVE RESOLUTION OF THE SUPREME COURT OF THE REPUBLIC OF KAZAKHSTAN

of December 22, 2017 No. 13

About modification and amendments in the normative resolution of the Supreme Court of the Republic of Kazakhstan of June 25, 2015 No. 4 "About some questions of criminal sentencing"

1. Bring in the normative resolution of the Supreme Court of the Republic of Kazakhstan of June 25, 2015 No. 4 "About some questions of criminal sentencing" the following changes and amendments:

Item 4 to add 1) with the paragraph the fifth the following content:

"Limits of legal proceedings are limited to the brought charge which is formulated in case of creation of the indictment. The circumstances commuting and aggravating responsibility and penalty are included in accusation content (item 4 of part three of Article 299 of the Code of penal procedure of the Republic of Kazakhstan (further - the Code of Criminal Procedure)). Therefore, proceeding from requirements of article 340 Code of Criminal Procedure, establishment by court in sentence of availability of the circumstances aggravating responsibility which are not specified in the indictment worsens situation of the defendant and is violation of limits of legal proceedings. At the same time permission of question of recognition by the circumstances mitigating responsibility is not limited to limits of accusation and shall be based on the actual facts of the case established in the main legal proceedings.";

2) changes in state language are made to Item 5, the text in Russian does not change;

3) in Item 7:

add with paragraph one of the following content:

"The part two and part three of article 55 UK are the independent bases for mitigation of punishment and their simultaneous application is inadmissible. In case of the competition of these rules of law in case of assignment of punishment the part three of article 55 UK is applied. In this case rules of part two of article 55 UK are not considered.";

paragraphs the first, the second, third, the fourth, the fifth, the sixth, seventh and eighth to consider respectively paragraphs the second, third, the fourth, the fifth, the sixth, the seventh, eighth and ninth;

The paragraph third to add 4) in Item 9 with the offer of the following content:

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