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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


















55

56

57

58

59

60

61

62

63

64

65

66

67


















 

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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