Article 35. Circumstances excluding the proceedings in the case of the CPC of the Republic of Kazakhstan Criminal Procedure Code of the Republic of Kazakhstan

     1. The criminal case is subject to termination:

     1) in the absence of a criminal offense event;

     2) for the absence of elements of a criminal offense in the act;

  3) as a result of an act of amnesty, if it eliminates the application of punishment for committed acts;

      4) after the expiration of the limitation period for criminal prosecution;

 5) in the absence of a complaint from the victim, in cases of criminal offenses provided for in parts two and three of Article 32 of this Code, with the exception of cases provided for in part four of Article 32 of this Code, as well as in the case of a private prosecutor's refusal to charge, in cases of criminal offenses provided for in part two of Article 32 of this Code, with the exception of cases stipulated by the fourth part of Article 32 of this Code;

     6) if a law has been put into effect abolishing criminal liability for the committed act, or if the Constitutional Court of the Republic of Kazakhstan has declared unconstitutional a law or other normative legal act to be applied in this criminal case, on which the qualification of the act as a criminal offense depends.;

      7) if there is a court verdict on the same charge that has entered into legal force against the person or another unturned court ruling that established the impossibility of criminal prosecution.;

     8) if there is an undelivered decision of the criminal prosecution authority regarding the termination of criminal prosecution on the same suspicion.;

          9) if, in relation to a person who has committed an act prohibited by criminal law in a state of insanity, except in cases where the proceedings are necessary to apply a compulsory medical measure to him;

     10) in connection with the refusal to give consent by an authorized body or official to bring to criminal responsibility a person who has privileges or immunity from criminal prosecution;

         11) with respect to the deceased, except in cases where the proceedings are necessary for the rehabilitation of the deceased or the investigation of the case against other persons, as well as the identification of illegally obtained property, funds and other valuables subject to confiscation, providing compensation for the damage caused.;

  12) in respect of a person subject to exemption from criminal liability by virtue of the provisions of the Criminal Code Of the Republic of Kazakhstan.

     2. The proceedings in the case shall be terminated on the grounds provided for in paragraphs 1) and 2) of part one of this article, both if the absence of a criminal offense event or the composition of a criminal offense is proven, and if their existence is not proven, if all possibilities for collecting additional evidence have been exhausted.

 3. The proceedings in the case are subject to termination on the grounds provided for in paragraph 2) in the first part of this Article, and in cases where harm is lawful to a suspect, accused or defendant, or the act was committed by the suspect, accused or defendant under circumstances that, in accordance with the Criminal Code of the Republic of Kazakhstan, preclude its recognition as a criminal offense and criminal liability.

     4. Termination of a criminal case on the grounds specified in paragraphs 3), 4) and 11) of the first part of this Article is not allowed if the person whom the applicant directly refers to as the person who committed the criminal offense (witness entitled to defense), the suspect, the accused, as well as the defendant or his legal representatives and in the cases provided for in paragraph 11) of the first part of this Article, the persons listed in the second part of Article 66 of this Code, who have the right, along with a lawyer, to defend a suspect, accused, defendant, object to this. In this case, the proceedings on the case continue and are completed if there are grounds for that by a verdict of guilty with the release of the person from punishment or criminal liability.

     To make a decision on the termination of a criminal case on the grounds specified in paragraphs 3), 4), 9), 10) and 11) of the first part of this article, the consent of the victim or his representative is not required.

     Termination of a criminal case entails simultaneously termination of criminal prosecution.

     5. The decision to terminate a criminal case against a person who has not reached the age at the time of the commission of the act, upon reaching which, according to the law, criminal liability can be imposed, is subject to adoption on the grounds specified in paragraph 2) of the first part of this Article. On the same basis, a decision is subject to termination of a criminal case against a minor who, at the time of the commission of the act, although he had reached the age from which criminal responsibility begins according to the law, but due to mental retardation unrelated to a mental disorder, could not fully realize the actual nature and social danger of his actions. (inaction) and lead them.

     6. The criminal prosecution body, having discovered circumstances precluding criminal prosecution, shall issue a resolution on termination of the criminal case at any stage of the pre-trial proceedings.

     The prosecutor also has the right, prior to the start of the consideration of the case in the main court proceedings, to recall it from the court and terminate it on the grounds provided for in this article. After the prosecutor withdraws the case from the court in order to terminate it, a new pre-trial proceeding and its re-referral to the court are not allowed.

  7. The public prosecutor, having discovered circumstances in court that preclude criminal prosecution, is obliged to declare a waiver of charges. The statement of the public prosecutor to dismiss the charges does not prevent the continuation of the criminal case if the private prosecutor continues to support the prosecution.

       8. The court, having discovered circumstances precluding criminal prosecution, is obliged to resolve the issue of termination of the criminal case.

      9. Upon termination of a criminal case, the bodies of criminal prosecution and the courts are obliged, if there are signs of an administrative or disciplinary offense in the actions of a person, to send materials to the authorized bodies (officials) within ten days to resolve the issue of bringing them to administrative or disciplinary responsibility.

President    

Republic of Kazakhstan     

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