of June 29, 2018 No. 10
About collection of procedural costs for criminal cases
For the purpose of ensuring uniformity of court practice and the correct application of the regulations of Chapter 22 of the Code of penal procedure of the Republic of Kazakhstan (further - the Code of Criminal Procedure) regulating collection of procedural costs, the plenary session of the Supreme Court of the Republic of Kazakhstan decides to make the following explanations.
1. Procedural costs are the expenses connected with criminal proceeding which are refunded at the expense of means of the republican budget or means of the suspect, person accused, convict, their legal representatives, and also payment (remuneration) to physical persons (to the victims, private prosecutors, witnesses, experts, translators, witnesses, lawyers, etc.) and to legal entities (expert organizations, criminal prosecution authorities, etc.) involved in criminal trial.
11) of article 177 Code of Criminal Procedure follows from Item that the list of types of procedural costs is not exhaustive.
2. It is necessary to understand the expenses of bodies of inquiry, investigation and court suffered in case of proceeedings, directly connected with collecting, research and assessment of proofs, provided by the criminal procedure law as other expenses relating to procedural costs.
The expenses connected with cost recovery of the things which underwent to spoil or destruction in case of production of investigative actions with cost recovery of the damaged property in case of production of investigative actions, expenses on exhumation and burial, etc. concern to them.
The expenses connected with conducting special investigation and search operations, secret investigative actions do not belong to procedural costs.
The expenses spent for treatment of the victims are not procedural costs, are subject to consideration according to the made civil action in one production with criminal case according to part one of article 166 Code of Criminal Procedure.
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