Article 398. Resolution of the guilty verdict of the Criminal Procedure Code of the Republic of Kazakhstan of the Criminal Procedure Code of the Republic of Kazakhstan

Home / Codes / Article 398. Resolution of the guilty verdict of the Criminal Procedure Code of the Republic of Kazakhstan of the Criminal Procedure Code of the Republic of Kazakhstan

1. The operative part of the indictment must specify:

1) the surname, first name and patronymic (if any) of the defendant;

2) the decision to find the defendant guilty of committing a criminal offense;

3) the criminal law (article, part, paragraph) according to which the defendant was found guilty;

4) the type and amount of the main and additional punishments imposed on the defendant for each criminal offense of which he was found guilty, the type of recidivism, as well as the decision to cancel or maintain the suspended sentence under the previous sentence, cancel the exemption from criminal liability with the establishment of a guarantee under the previous sentence and the final measure of punishment to be served on based on articles 58 and 60 of the Criminal Code of the Republic of Kazakhstan.

When imposing a custodial sentence, the court indicates in the verdict the type of institution in which the convicted person must serve his sentence, and also clarifies the provisions of Article 73-1 of the Criminal Code of the Republic of Kazakhstan, and when imposing punishments not related to isolation of the convicted person from society, establishes the obligation for him to appear within ten days after the sentence enters into force in the probation service for registration.

When imposing a penalty in the form of confiscation of property, the court indicates in the verdict which property is subject to confiscation and (or) lists the items subject to confiscation.

In cases stipulated by the third part of Article 48 of the Criminal Code of the Republic of Kazakhstan, the court indicates the amount of money to be confiscated.;

5) the duration of probation control in case of conditional conviction, restriction of liberty and the duties assigned to the convicted person, as well as the consequences of their non-fulfillment provided for by law, the duration of the guarantee period in case of release from criminal liability with the establishment of a guarantee and the consequences of committing a new criminal offense during this period;

6) a decision to deprive (submit a submission to the President of the Republic of Kazakhstan on deprivation) of a convicted person of an honorary, military, special or other rank, class rank, diplomatic rank, qualification class, state awards;

6-1) decision on deprivation of citizenship of the Republic of Kazakhstan;

6-2) the decision on the expulsion of a foreign citizen or a stateless person from the Republic of Kazakhstan;

7) a decision to set off pre-trial detention if, prior to the verdict, the defendant was detained or preventive measures were applied to him in the form of detention, house arrest, or he was placed in a special medical organization.;

8) a decision on the application of compulsory medical treatment and the establishment of guardianship over the convicted person;

9) a decision on the measure of restraint and the measure of procedural coercion against the defendant before the verdict enters into legal force;

10) the decision on the postponement of the execution of the basic punishment;

11) a decision on punishment in the form of deprivation of the right to hold a certain position or engage in a certain activity.

2.if the defendant is charged under several articles (parts, paragraphs of articles) of the criminal law, the resolution of the sentence must indicate on which of them the defendant was acquitted and on which he was convicted.

3.in the event that the defendant is released from serving a sentence or a sentence is passed without imposing a penalty, or a deferral of serving a sentence is applied, this is indicated in the resolution of the sentence.

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

President

Republic of Kazakhstan

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