Article 52. Composition of the court CPC RK Criminal Procedure Code of the Republic of Kazakhstan
1. . Consideration of criminal cases in the courts of first instance is carried out solely by a judge, and for particularly serious crimes, at the request of the accused, by a court with the participation of jurors consisting of one judge and ten jurors, with the exception of cases of:
1) murders committed in an emergency situation and during mass riots;
2) crimes against the peace and security of mankind, against the foundations of the constitutional order and the security of the State;
3) terrorist and extremist crimes;
4) military crimes committed in wartime or combat situation;
5) crimes committed as part of a criminal group;
6) especially serious crimes against the sexual integrity of minors.
Criminal cases on crimes provided for in articles 116 (parts two and three), 125 (paragraph 1) of the third part), 128 (paragraph 1) part four), 132 (part five), 135 (paragraph 1) parts four), 146 (parts three and four), 160, 163, 164 (part two), 168, 249 (part two), 317 (part four), 335 (part four), 337 (parts four and six), 345 (part four), 345-1 (part four), 346 (parts five and six), 380-1 (paragraph 6) of Part two) of the Criminal Code of the Republic of Kazakhstan, They are also considered at the request of the accused by a court with the participation of a jury consisting of one judge and ten jurors.
2. Consideration of criminal cases on serious and especially serious crimes on appeal is carried out collectively, consisting of at least three judges of the board, and when considering complaints, petitions from prosecutors against sentences, court decisions in cases considered in a shortened or writ-based manner, on criminal offenses and crimes of minor and moderate gravity, on issues of execution the verdict, the decision of the investigating judge – by the judge alone.
In the absence of the Chairman of the Board of Appeal due to business trip, vacation or illness, the collegial consideration of these cases is presided over by the judge of the board, who is entrusted by the chairman of the court with the duties of chairman of the Board of Appeal.
If the chairman of the board of appeal is unable to participate in the consideration of the case in the appellate instance on the grounds provided for in Article 87 of this Code, or due to other circumstances, then on his behalf, one of the judges of the board shall preside at the collegial consideration of the case.
3. The consideration of cases in the court of cassation instance is carried out by a collegial composition of the court in an odd number (not less than three) judges under the chairmanship of the chairman of the court or one of the judges on his behalf.
In cases of cancellation of judicial acts and referral of a case by the Supreme Court of the Republic of Kazakhstan, the cassation instance considers cases by a collegial panel of an odd number (at least five) judges under the chairmanship of the chairman of the court.
4. The review of cases in the Supreme Court of the Republic of Kazakhstan is carried out in a collegial composition in an odd number (not less than five) judges under the chairmanship of the Chairman of the Supreme Court of the Republic of Kazakhstan or one of the judges on his behalf.
5. The composition of the court when considering cases on newly discovered circumstances shall be determined in accordance with the rules provided for in Article 504 of this Code.
6. Consideration of issues arising during the execution of a sentence and consideration of cases on the application of compulsory medical measures to the insane shall be carried out solely by a judge of the relevant court.
7. In cases where the number of judges in one collegium is insufficient to ensure collegial consideration of the case due to circumstances preventing them from participating in the consideration of the case, the chairmen of the Supreme Court of the Republic of Kazakhstan, the regional and equivalent courts, respectively, have the right to involve judges of another collegium in the consideration of the case.
The Code of the Republic of Kazakhstan dated July 4, 2014 № 231.
President
Republic of Kazakhstan
© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan
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