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. in the resolution part of the guilty verdict:

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

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

     3)criminal law, under which the defendant is found guilty (article, part, paragraph);

     4) the type and amount of the main and additional punishment 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, to cancel the exemption from criminal liability with the establishment of a guarantee under the previous sentence and the decision to cancel the criminal On the basis of Articles 58 and 60 must specify the final measure of punishment to be reimbursed.

     When imposing a sentence in the form of imprisonment, the court specifies in the sentence the type of institution in which the convicted person must serve the sentence, and when imposing punishments not related to the isolation of the convicted person from society, establishes the obligation to appear for registration with the Probation Service within ten days after the entry into force of the sentence;

     When imposing a penalty in the form of confiscation of property, the court indicates in the sentence which property is subject to confiscation and (or) enumerates the objects subject to confiscation.

     In cases stipulated by part three of Article 48 of the Criminal Code of the Republic of Kazakhstan, the court indicates the amount of money subject to confiscation.

     5) in case of a conditional conviction, the duration of the term of probation control over the 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 term of guarantee when released from criminal liability with the establishment of a guarantee and the consequences of committing a new criminal offense during this period;

     6) deprivation of a convicted person of an honorary, military, special or other rank, class rank, diplomatic rank, Qualification Class, State Awards (submission to the president of the Republic of Kazakhstan on deprivation);

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

     6-2) decision on expulsion of a foreigner or stateless person outside the Republic of Kazakhstan;

     7) a decision on accounting for preliminary custody, if the defendant was detained before the sentencing and preventive measures were applied to him in the form of custody, house arrest, or he was placed in a special medical organization;

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

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

     10) resolution of the issue of postponing the execution of the main 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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