Article 390. Criminal Procedure Code of the Republic of Kazakhstan of the Criminal Procedure Code of the Republic of Kazakhstan

 1. when making a verdict, the court issues the following issues in the deliberation room::

     1) whether it has been proven that the act, the commission of which the defendant is accused of, took place;

     2)whether this act is a criminal offense and in which criminal law it is provided for (Article, part, paragraph);

     3) whether the defendant has been proven to have committed this act;

     4) whether the defendant is guilty or innocent of committing this criminal offense;

     5) the presence of circumstances mitigating or aggravating his responsibility and punishment;

     6) whether the defendant is subject to punishment for a criminal offense committed by him;

     7) what punishment should be imposed on the defendant;

     7-1) whether it has been proven that the property is subject to confiscation in accordance with Article 48 of the Criminal Code of the Republic of Kazakhstan;

     8) the presence of grounds for adjournment of a sentence or release from punishment without imposing a penalty or serving a criminal sentence in cases stipulated by articles 74, 75 and 76 of the Criminal Code of the Republic of Kazakhstan;

     9) in what form of institution of the Penal correction (penitentiary) system a person sentenced to imprisonment must serve a sentence;

     10) whether a civil claim is subject to satisfaction, in whose favor and in what amount it is satisfied;

     11) what to do with the seized property to ensure the filing of a civil claim or possible confiscation;

     12) what to do with physical evidence;

     13) to whom and in what amount the process costs should be charged;

     14) whether the court should deprive the defendant of an honorary, military, special or other rank, class rank, diplomatic rank, Qualification Class, State Awards (make a submission to the president of the Republic of Kazakhstan on deprivation) ;

     15) on the application of compulsory medical measures in cases stipulated by Article 91 of the Criminal Code of the Republic of Kazakhstan;

     15-1) on the application of other measures of criminal legal influence in cases stipulated by articles 98-1 and 98-2 of the Criminal Code of the Republic of Kazakhstan;

     16) on the presence of circumstances contributing to the commission of a crime;

     17) on the preventive measure against the defendant;

     18) on cancellation or retention of a conditional conviction under the previous sentence;

     19) cancellation of exemption from criminal liability with the establishment of a guarantee under the previous sentence.

     2.when issuing an acquittal, the court makes a decision on compensation for damage caused to the acquittal by illegal actions of the investigation, prosecutor's office, judicial authorities.

     3.when accusing a defendant of committing several criminal offenses, the court shall resolve the issues specified in Paragraphs 1) – 7) of the first part of this article separately for each criminal offense.

     4. If several defendants are accused of committing a criminal offense, the court shall decide in respect of each of them individually all the issues specified in part one of this article, determining the role and degree of participation of each defendant in the committed act.

     5. After the court resolves the main issues listed in the first part of this article, the following:

     1) on the placement of minor children of the defendant, and, if necessary, of the victim, left without parents;

     2) On the protection of the defendant's property and, if necessary, the victim's property;

     3) on the need to issue a private resolution;

     4) in case of cancellation of the release from criminal liability with the establishment of a guarantee under the previous sentence, it proceeds to resolve additional issues about the fate of the subject of the pledge.

     6.if the Constitutional Court of the Republic of Kazakhstan accepts for proceedings the submission of a law or other normative legal Act subject to application in this criminal case on recognition as unconstitutional at the initiative of another court, the court is obliged to postpone sentencing.

The Code of the Republic of Kazakhstan dated July 4, 2014 № 231. 

President    

Republic of Kazakhstan     

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