of July 7, 2016 No. 4
About practice of consideration by courts of criminal cases in conciliatory production
Having discussed practice of courts on consideration of criminal cases in conciliatory production, for the purpose of ensuring unity of court practice and the correct application of the legislation in case of the conclusion of the procedural agreement in the form of the transaction on recognition of fault and consideration of criminal cases by courts in conciliatory production, the plenary session of the Supreme Court of the Republic of Kazakhstan
1. Explain that main objective of the conclusion of the procedural agreement in the form of the transaction on recognition of fault (further - the agreement on recognition of fault) is bystry and complete disclosure, investigation of crimes and operational accomplishment other stipulated in Article 8 Codes of penal procedure of the Republic of Kazakhstan (further - the Code of Criminal Procedure) tasks of criminal procedure by the accelerated pre-judicial production and implementation of legal proceedings of case in the reduced procedure in accordance with the terms of the signed agreement in case of strict observance of the principles of legality, judicial protection of rights and freedoms of man and citizen, presumption of innocence and other main beginnings of criminal procedure.
2. The agreement on recognition of fault can be signed only concerning crime of small or average weight or serious crime or their set.
According to requirements of Item 1) of part two of article 613 Code of Criminal Procedure agreement signature about recognition of fault is not allowed if the cumulative offenses take place, at least one of which belongs to the category especially heavy or the suspect, the person accused, the defendant does not agree with suspicion, accusation in making at least of one crime entering set.
The agreement on recognition of fault cannot be signed if it can affect comprehensiveness, completeness and objectivity of research of the circumstances affecting the rights and legitimate interests of other persons which are not party litigants.
3. The agreement on recognition of fault can be signed according to the petition of the suspect, person accused, defendant or his defender or at the initiative of the prosecutor. In case of agreement signature about recognition of fault according to the petition of the defender or at the initiative of the prosecutor at stage of pre-judicial investigation in criminal case voluntary expression by the suspect accused desires on the conclusion of such agreement shall be properly established and fixed.
The criminal procedure law does not establish certain form of the petition for agreement signature of recognition of fault therefore according to requirements of part two of article 99 Code of Criminal Procedure the written petition shall be attached to the criminal case file, oral - is entered in the protocol of investigative action or judicial session.
4. The petition of the suspect, person accused, defendant or his defender or prosecutor for agreement signature for recognition of fault can be submitted: at stage of pre-judicial production from the moment of acquisition by person of the status of the suspect; in court of the first and appellate instance - before removal of court to the consultative room.
5. Agreement signature about recognition of fault on cases on criminal offenses by the law is not provided.
In case of committing by person of criminal offense and crime on which the agreement on recognition of fault is signed the body of pre-judicial investigation shall not connect on them cases as proceeedings about criminal offense are performed in protocol form of pre-judicial investigation, and proceeedings about crime within the procedural agreement - according to the rules provided by Chapter 63 of the Code of Criminal Procedure.
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