of December 13, 2001 No. 18
About practice of consideration by courts of criminal cases about the crimes connected with corruption
The correct application by courts of the legislation on criminal liability of officials for making of the crimes connected with corruption provides decrease in level of corruption, strengthens trust of society to the state, its institutes, increases overall performance of the courts and law enforcement agencies which are directly participating in anti-corruption activities.
Having discussed practice of consideration of criminal cases about the crimes connected with corruption, the plenary session of the Supreme Court of the Republic of Kazakhstan notes that courts of the republic generally correctly permit cases of the specified category and the guilty person imposes just punishments.
At the same time, courts make serious mistakes in legal qualification of actions of persons who committed the crimes connected with corruption there is no single practice in determination of his subjects, not on all cases requirements of the law on strictly individual approach to purpose of type and the amount of punishment to guilty persons are observed.
Courts not always deeply and comprehensively establish the reasons and conditions promoting making of the crimes connected with corruption do not issue private decrees in necessary cases.
For the purpose of elimination of the available shortcomings and further enhancement of judicial activities for cases of the specified category, the plenary session of the Supreme Court of the Republic of Kazakhstan DECIDES:
1. Draw the attention of courts that the crimes connected with corruption do essential harm to the rights and interests of citizens, the organizations protected by the law, societies and the states therefore timely and correct consideration of these categories of cases is one of the most important conditions of real ensuring their legal security.
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The document ceased to be valid since December 26, 2015 according to Item 32 of the Normative Resolution of the Supreme Court of the Republic of Kazakhstan of November 27, 2015 No. 8