Order of the Attorney-General of the Republic of Kazakhstan "About approval of forms of court reports in the criminal and legal sphere, electronic information..."

ORDER OF THE ATTORNEY-GENERAL OF THE REPUBLIC OF KAZAKHSTAN

of April 25, 2016 No. 84

About approval of forms of court reports in the criminal and legal sphere, electronic information accounting documents and the Instruction for their forming

(as amended on 15-02-2021)

Being guided by the subitem 6) of article 37 of the Law of the Republic of Kazakhstan of June 30, 2017 "About prosecutor's office" PRIKAZYVAYU:

1. Approve:

1) form No. 1 "The report for work of Trial Courts on consideration of criminal cases" according to appendix 1 to this order;

2) form No. 6 "The report for work of Appeal Courts on consideration of criminal cases" according to appendix 2 to this order;

3) form No. 6a "The report for work of Appeal Courts on consideration of criminal cases about persons condemned to capital punishment and lifelong imprisonment" according to appendix 3 to this order;

4) form No. 6K "The report for work of cassation instance on consideration of criminal cases" according to appendix 4 to this order;

5) form No. 6 of KA "The report for work of cassation instance on consideration of criminal cases concerning persons condemned to capital punishment and lifelong imprisonment" according to appendix 5 to this order;

6) form No. 2-Zh "The report on consideration of claims by courts for private prosecution" according to appendix 6 to this order;

7) electronic information accounting documents (further - EIUD) the EIUD forms 1, EIUD 1.1, EIUD 1.2, EIUD 1.3, EIUD 2, EIUD 3, EIUD on person, according to appendices 7-13 to this order;

8) The instruction for forming of court statistic reports in the criminal and legal sphere according to appendix 14 to this order.

2. Declare invalid the order of the Attorney-General of the Republic of Kazakhstan of October 21, 2014 No. 124 "About approval of forms of court statistic reports in the criminal and legal sphere and the Instruction for their forming" (registered in the Register of state registration of regulatory legal acts for No. 9882 of November 19, 2014 published in information system of law of the Republic of Kazakhstan of Ad_let of December 8, 2014).

3. To provide to committee on legal statistics and special accounting of the Prosecutor General's Office of the Republic of Kazakhstan (further - Committee):

1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

2) official publication of this order in information system of law of Ad_let and in periodic printing editions within ten calendar days after its state registration;

3) the direction of this order in the Republican state company on the right of economic maintaining "The republican center of legal information of the Ministry of Justice of the Republic of Kazakhstan" for placement in Reference control bank of regulatory legal acts of the Republic of Kazakhstan within five working days after its state registration;

4) placement of this order on Internet resource of the Prosecutor General's Office of the Republic of Kazakhstan;

5) the direction of the copy of this order in judicial authorities - to subjects of legal statistics and special accounting, territorial authorities of Committee for execution.

4. To impose control of execution of this order on the Chairman of Committee.

5. This order becomes effective after ten calendar days after day of its first official publication.

Attorney-General of the Republic of Kazakhstan

Zh. Asanov

Appendix 1

to the Order of the Attorney-General of the Republic of Kazakhstan of April 25, 2016 No. 84

Form No. 1 "Report for work of Trial Courts on consideration of criminal cases"

Table A "Movement of criminal cases"

Quarterly (the accruing result) the Republic of Kazakhstan

	Line number		Remaining balance of unfinished cases for the beginning of the accounting period		Arrived cases for the accounting period	The number of persons on the cases which arrived in court	from column 2
							after cancellation of sentence	after elimination of violations of the Code of penal procedure of the Republic of Kazakhstan (further - the Code of Criminal Procedure of RK)	after search	It is considered cases with adjudgement	from column 7
											with participation of jury members	for minors	for women	it is considered in absentia
and			1		2	3	4	5	6	7	8	9	10	11
In total criminal offenses	1
not big weight	2
average weight	3
heavy	4
especially heavy	5
From line 1		On crimes								6
		For the accelerated pre-judicial investigation								7
		On offenses								8
		On the cases considered in the reduced procedure								9
		On the cases considered in conciliatory production								10
		Cases of private prosecution								11
		Inquiry cases								12
		For citizens of the neighboring countries (the Commonwealth of Independent States (further - the CIS))								13
		For citizens of foreign countries								14
		For stateless persons								15
		On cases on equity in construction								16
		The cases considered in Kazakh								17
		The cases considered on newly discovered facts								18
		The cases considered with participation of jury members								19
		Using international conventions								20
		from line 20		Covenant on Civil and Political rights						21
				pact on liquidation of all forms of discrimination against women						22
				pact on the economic, social and cultural rights						23
				about liquidation of all forms of racial discrimination						24
				about the child's rights						25
				about the rights of disabled people						26
		on cases with participation of women								27
		for minors								28
From lines 1		for mandative production from crimes								29
		for mandative production from offenses								30
Under articles of the Criminal Code of RK										31
Under articles of the Criminal Code of RK, edition of 1997

continuation of the table

From ended during the accounting period
			from column 12
In total it is stopped cases	for minors	in conciliation type with the victim	in connection with refusal of the prosecutor of accusation	it is stopped on the bases provided by Items 1), 2), 5), 6), 7) and 8) of part 1 of article 35 Code of Criminal Procedure RK	on other bases
12	13	14	15	16	17

continuation of the table

From ended during the accounting period
It is directed on cognizance	It is returned to the prosecutor and the body performing pre-judicial investigation	from column 19						Measures of medical nature are applied (from the column 17)
		for recreation of the indictment (article 321 of the Criminal Code of Kazakhstan (further - the Criminal Code of Kazakhstan)	for elimination of violations of the Code of Criminal Procedure (article 323 Code of Criminal Procedure RK)	according to the procedure of subitems 2), 3) parts of 1 Article 623 CODES OF CRIMINAL PROCEDURE OF PK	according to the procedure of subitems 1), 2), 3) parts of 1 Article 626 CODES OF CRIMINAL PROCEDURE OF PK	in connection with search of the defendant	other bases
18	19	20	21	22	23	24	25	26

(continuation)

	from column 27				Remaining balance of unfinished cases by the end of the reporting period	it is suspended (from the column 32)
In total it is ended cases in the accounting period (7,12,18,19)
	The number of persons on the ended cases	for minors	with participation of jurors	with violation of term (part 4 of Article 319; part of 4,5 of Article 322; part 2 Articles 382, part 2 of article 411 Code of Criminal Procedure RK)

27	28	29	30	31	32	33

continuation of the table

From the ended cases
	from column 34
It is condemned persons	minors	with participation of jurors	it is released persons from custody	measures of educational impact are applied	it is exempted persons in connection with conciliation	other decisions concerning persons are passed	It is acquitted persons
34	35	36	37	38	39	40	41

continuation of the table

From the ended cases
from column 41				from column 45					from column 50
minors	with participation of jurors	it is released persons from custody	Persons concerning whom (criminal prosecution) are dismissed cases	minors	it is released persons from custody	it is stopped on the bases provided by Items 1), 2), 5), 6), 7) and 8) of part 1 of article 35 Code of Criminal Procedure RK	behind conciliation of the parties	The number of persons concerning whom criminal cases are returned to the prosecutor	for recreation of the indictment (article 321 Criminal Code of Kazakhstan)	for elimination of violations of the Code of Criminal Procedure (article 323 Code of Criminal Procedure RK)	according to the procedure of subitems 2), 3) parts 1 of article 623 Code of Criminal Procedure RK	according to the procedure of subitems 1), 2), 3) parts 1 of article 626 Code of Criminal Procedure RK
42	43	44	45	46	47	48	49	50	51	52	53	54

(continuation)

From the ended cases

Other decrees are issued

From column 56

Examination by court is appointed

Participation of the lawyer

Participation of the prosecutor

The amount of damage compensated in court to the resolution of sentence (tenge)

The final amount of damage determined by court to compensation (tenge)

Number of the victims

women

minors

to the state

to the legal entity

to physical person

to the state

to the legal entity

to physical person

continuation of the table

From the ended cases
Amount of procedural costs	The amount of the civil action considered in criminal procedure	including in the income of the state	It is connected cases	It is allocated cases in separate production	It is retrained	It is taken out private resolutions
68	69	70	71	72	73	74

continuation of the table

From the ended cases										From the column 12	from the column 34		from column 56
From column 74
part 1 of article 405 Code of Criminal Procedure RK	part 2 of article 405 Code of Criminal Procedure RK	public prosecutor's supervision	to the prosecutor (part 3 of article 405 Code of Criminal Procedure RK, part 5 of article 53 Code of Criminal Procedure RK)	to the lawyer	part 3 of article 648 Code of Criminal Procedure RK	part 4 of article 405 Code of Criminal Procedure RK	part 5 of article 405 Code of Criminal Procedure RK	Arrived answers with indication of the taken specific measures	It is considered with participation of mediator	it is stopped in conciliation type with the victim with participation of mediator	It is condemned women	It is condemned disabled people	The injured disabled people and Dov
75	76	77	78	79	80	81	82	83	84	85	86	87	88

(continuation)

from column 2	from column 7

Arrived cases of mandative production	It is considered with adjudgement for mandative production	from them it is cancelled according to the petition of the convict
89	90	91

Form No. 1 "Report for work of Trial Courts on consideration of criminal cases"

Table B "Results of hearing of cases about application of enforcement powers of medical nature"

Name	Line number	Remaining balance of unfinished cases for the beginning of the accounting period	Arrived cases for the accounting period	Arrived cases on which the decree on application of measures of medical nature is issued (from column 26 from the table A)	It is considered with pronouncement of resolutions on application of measures of medical nature	It is directed on cognizance	It is stopped	It is returned (to the prosecutor or the private prosecutor)	Also another is withdrawn	In total it is ended in the accounting period	with violation of the term established by the Code of Criminal Procedure of RK (from the column 9)

and		1	2	3	4	5	6	7	8	9	10
In total criminal offenses	1

continuation of the table

			from column 13
Remaining balance of unfinished cases by the end of the reporting period	It is suspended cases (from the column 11)	Number of persons to whom measures of medical nature are applied	out-patient observation and treatment at the psychiatrist	treatment in hospital of general type	treatment in hospital of specialized type	treatment in hospital of specialized type with intensive observation	other methods of treatment	It is taken out private resolutions (from the column 9)
11	12	13	14	15	16	17	18	19

Form No. 1 "Report for work of Trial Courts on consideration of criminal cases"

The table B "Consideration of the questions connected with execution of court resolutions"

Name	line number	Remaining balance of materials for the beginning of the accounting period	Arrived materials	It is withdrawn, returned materials	It is transferred on cognizance	On representations it is considered materials	from column 5
							with violation of term	it is satisfied representations	it is satisfied representations partially	it is refused satisfaction of representations	it is left without consideration

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