NORMATIVE RESOLUTION OF PLENARY SESSION OF THE SUPREME COURT OF THE REPUBLIC OF KAZAKHSTAN

of August 15, 2002 No. 19

About the adjudication

The adjudication - the most important act of application of the right which sums up the result of all prior criminal proceeding. Owing to the constitutional provisions the sentence is decided on behalf of the Republic of Kazakhstan, shall be legal and reasonable.

Studying of practice of creation of sentences showed that most of them is decided with observance of requirements of the law. At the same time, cases when courts in case of creation of sentences do not fulfill requirements of the law imposed to its form and content that attracts their change and cancellation are frequent.

The Supreme Court of the Republic of Kazakhstan, having discussed results of generalization of court practice, for the purpose of elimination of the available shortcomings and improvement of quality of sentences

decides:

1. According to the law the sentence is the decision on criminal case passed on behalf of the Republic of Kazakhstan in judicial session by court of the first and appellate instance concerning guilt or innocence of the defendant and about application or non-use to it criminal penalty with respect for the principles of justice specified in Item 3 of article 77 of the Constitution of the Republic of Kazakhstan (daleekonstitution) and Chapter 2 of the Code of penal procedure of the Republic of Kazakhstan (further - the Code of Criminal Procedure).

In case of decision making, provided by the Items 4)-6) of part one of article 411 Code of Criminal Procedure appellate instance the decree on cancellation of sentence (resolution) of Trial Court is issued, and then with observance of requirements of Chapter 44 of the Code of Criminal Procedure the new sentence is decided.

The sentence is obligatory for one and all state bodies, local government bodies, legal entities, officials, citizens and is subject to strict execution.

The resolution of sentence on behalf of the state, its importance demand from judges of understanding of the separate liability for its legality and justification.

2. Courts should mean that the sentence is legal if it is decided by legal structure of court with observance of rules about cognizance, in strict accordance with requirements of the criminal procedure law on the procedure of legal proceedings on the basis of the principle of competitiveness and equality of participants with ensuring their access to research of proofs on an equal basis, on condition of the correct application of rules of law.

Justification of sentence means that it is based on proofs which are collected with observance of requirements of the law and is direct in judicial session full, objectively and are comprehensively researched, their analysis is provided and proper assessment is given, and conclusions of court are motivated.

3. Draw the attention of courts to importance of observance of procedural form of sentence which serves the most complete disclosure of contents of the decisions made by court. It shall correspond both in form, and on content to requirements of articles 377-383 Codes of Criminal Procedure. The sentence is stated in language in which legal proceedings are carried out, in clear, clear expressions, shall consist of introduction, descriptive and motivation and resolutive parts. The sentence is stated consistently each new provision followed from previous and was logically connected with it. The description of the events which are not relating to case in point, the use of the inexact formulations, unaccepted reducings and words unacceptable in official documents is inadmissible. Testimonies of defendants, victims, witnesses are provided from the third party. Erasures in the text of sentence are not admissible. Corrections according to part 5 of article 377 Code of Criminal Procedure can be made to sentence only in the consultative room, are stipulated and signed the judge. Introduction of any corrections after its declaration is not allowed. All issues are resolved and stated in sentence so that there were no difficulties in case of its execution.

4. Explain to courts that on each case in one legal proceedings irrespective of the number of defendants only one sentence is pronounced. If charge in making of several crimes, court, in the presence to that the bases having the right to decide concerning it one sentence with which can justify on one episodes of accusation is brought to the defendant, and on others to condemn.

When considering the case the court in one sentence, depending on established, can make the decision on justification of one and on recognition by guilty persons of others on several persons.

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info