Article 36. Circumstances allowing not to carry out criminal prosecution CPC RK Criminal Procedure Code of the Republic of Kazakhstan  

     1. The body of criminal prosecution, the court, in the presence of appropriate circumstances, within the limits of its competence, has the right to terminate criminal prosecution with the release of a person from criminal liability in the cases provided for in part one of Article 65, articles 66, 67, 67-1, parts two, three of Article 68, parts one, three of Article 83, as well as the notes of articles 441, 442, 444-448, 453 of the Criminal Code of the Republic of Kazakhstan. In such cases, the court also has the right to issue a guilty verdict with exemption from criminal liability.

   2. The public prosecutor, having discovered circumstances in court that make it possible not to carry out criminal prosecution, has the right to declare a refusal to prosecute the accused. The refusal of criminal prosecution declared by the public prosecutor does not prevent the private prosecutor from continuing the criminal prosecution of the accused using the materials of the criminal case.

   3. Before the termination of the criminal case, the suspect, the accused, the defendant must be informed of the grounds for termination of the case, its legal consequences and the right to object to its termination on this basis.

        4. The victim and (or) his representative shall be notified of the termination of the criminal case, who shall have the right to appeal the decision to the prosecutor or to the court in accordance with the procedure provided for by this Code.

         5. Termination of a criminal case on the grounds specified in the first part of this Article is not allowed if the suspect, the accused, the defendant or the victim object to this. In this case, the proceedings will continue as usual.

       6. If, prior to the removal of the court to the conference room, the bail provided for in article 69 of the Criminal Code of the Republic of Kazakhstan has been deposited in the court deposit, the court has the right to issue a guilty verdict with the release of the person from serving the sentence and the establishment of a surety.

     If the court makes another final decision on the case, the subject of the pledge is immediately returned to the person who deposited the pledge. Upon the return of the pledged item, the amount spent on ensuring its safety will not be recovered from the pledgor. The procedure for accepting, evaluating, storing, returning, selling, foreclosing on collateral and applying to state revenue is determined by the Government of the Republic of Kazakhstan.

     The release of a person from serving a sentence with the establishment of a surety is not allowed if the accused or the victim objects to this.

President    

Republic of Kazakhstan     

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