Article 113. Circumstances to be proved in a criminal case CPC RK Criminal Procedure Code of the Republic of Kazakhstan

     1. They are subject to proof in a criminal case.:

     1) the event and the elements of a criminal offense provided for by criminal law (time, place, method and other circumstances of its commission);

     2) who committed an act prohibited by criminal law;

     3) the guilt of a person in committing an act prohibited by criminal law, the form of his guilt, the motives of the committed act, legal and factual errors;

     4) circumstances affecting the degree and nature of responsibility of the suspect, the accused;

     5) circumstances characterizing the personality of the suspect, the accused;

     6) consequences of the committed criminal offense;

     7) the nature and extent of the harm caused by the criminal offense;

     8) circumstances precluding the criminal wrongfulness of the act;

     9) circumstances leading to exemption from criminal liability and punishment.

     2. Additional circumstances to be proved in cases of criminal offenses committed by minors are specified in Article 531 of this Code, and in cases of socially dangerous acts of the insane in Article 510 of this Code.

     3. Along with other circumstances in a criminal case, circumstances confirming that the property subject to confiscation in accordance with Article 48 of the Criminal Code of the Republic of Kazakhstan was obtained illegally, including as a result of committing a criminal offense, or is proceeds from this property, or was used or intended to be used as an instrument or means of committing a criminal offense or financing or other provision of extremist or terrorist activities or a criminal group.

     4. The circumstances that contributed to the commission of a criminal offense are also subject to investigation in a criminal case.

     The footnote. Article 113 as amended by the Law of the Republic of Kazakhstan dated December 27, 2019 No. 292-VI (for the procedure of entry into force, see art. 2).

President    

Republic of Kazakhstan     

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