Article 393. Conviction of the CPC of the Republic of Kazakhstan Criminal Procedure Code of the Republic of Kazakhstan

     1. A guilty verdict contains a court decision on finding the defendant guilty of committing a criminal offense.

     2. A guilty verdict is issued:

     1) with the imposition of a criminal sentence to be served by the convicted person;

     2) with the release of a person from criminal liability;

     3) with the imposition of criminal punishment and release from serving it;

     4) without imposing a criminal penalty;

     5) with a delay in serving a criminal sentence.

     3. A guilty verdict may not be based on assumptions and is issued only on condition that during the trial the defendant's guilt in committing a criminal offense is confirmed by the totality of evidence examined by the court.

     4. When passing a guilty verdict with the imposition of the sentence to be served by the convicted person, the court must accurately determine its type, size, regime and the beginning of the calculation of the term of service.

     5. The court decides a guilty verdict with the release of a person from criminal liability if the statute of limitations for bringing a person to criminal responsibility for this criminal offense has expired, as well as in the cases provided for in the first part of Article 36 of this Code.

     6. The court decides on a guilty verdict with sentencing and release from it in cases where by the time of sentencing:

     1) an amnesty act has been issued, exempting the convicted person from applying the punishment or serving the sentence imposed by this sentence.;

     2) the time spent by the defendant in custody in this case, taking into account the rules for crediting pre-trial detention established by Article 62 of the Criminal Code of the Republic of Kazakhstan, shall absorb the punishment imposed by the court.

     7. The court shall terminate the case or, at the request of the parties, pronounce a guilty verdict without imposing punishment if the defendant has died by the time of its pronouncement.

     8. The court decides a guilty verdict with a delay in serving a criminal sentence in the cases provided for in Article 74 and part two of Article 76 of the Criminal Code of the Republic of Kazakhstan.

President    

Republic of Kazakhstan     

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