Article 397. Descriptive and motivational part of the conviction of the CPC RK Criminal Procedure Code of the Republic of Kazakhstan
1. The descriptive and motivational part of the conviction must contain a description of the criminal offense recognized by the court as proven, indicating the place, time, method of its commission, the form of guilt, motives and consequences of the criminal offense. The verdict provides evidence on which the court's conclusions regarding the defendant are based, and the reasons why the court rejected other evidence. The circumstances mitigating or aggravating liability are indicated, as well as the limits of sentencing provided for in the procedural agreement. If a part of the charge is found to be unfounded or an incorrect qualification of a criminal offense is established, the grounds and motives for changing the charge. Having concluded that it is necessary to re-qualify the actions of the defendant or having established that some articles (part of the article, paragraph of the part of the article) are presented unnecessarily, the court in the descriptive and motivational part of the verdict indicates the article (part of the article, paragraph of the part of the article) of the criminal law, according to which the act should be qualified, and indicates the exclusion of the excessively presented article (part articles, paragraphs of the part of the article).
2. The court is also obliged to indicate the reasons for resolving all issues related to the imposition of criminal punishment, release from it or from its actual serving, and the use of other measures of influence.
When ordering the confiscation of property, the court must indicate the grounds provided for in article 48 of the Criminal Code of the Republic of Kazakhstan, according to which specific property is attributed to the subject of confiscation, and the evidence on which such conclusions regarding this property are based.
3. The descriptive and motivational part should contain justification for the decisions taken on other issues specified in Article 390 of this Code.
4. In cases considered in a closed court session, the descriptive and motivational part of the conviction should not contain wording about the circumstances that served as the basis for restricting the publicity of the trial.
5. In cases involving a procedural agreement or an agreement to achieve reconciliation through mediation, the descriptive and motivational part of the guilty verdict is drawn up in accordance with Article 627 of this Code.
President
Republic of Kazakhstan
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