Article 529. Procedure and terms of consideration of a case on criminal offenses in the court of the CPC of the Republic of Kazakhstan Criminal Procedure Code of the Republic of Kazakhstan

Home / Codes / Article 529. Procedure and terms of consideration of a case on criminal offenses in the court of the CPC of the Republic of Kazakhstan Criminal Procedure Code of the Republic of Kazakhstan

1. After the case is brought to court, the judge accepts the case and proceeds to consider the case of a criminal offense.:

1) announces who is considering the case, which case is to be considered, who and on the basis of which article The Criminal Code The Republic of Kazakhstan is being held accountable;

2) certifies the appearance of the defendant, as well as other persons participating in the consideration of the case;

3) establishes the identity of the participants in the proceedings and verifies the powers of the legal representatives, if any, the defender;

4) finds out the reasons for the non-appearance of the participants in the proceedings in the case and decides on the consideration of the case in the absence of the specified persons or the postponement of the consideration of the case;

5) if necessary, issues a resolution on the summoning of a person whose participation is mandatory during the consideration of the case, appoints an interpreter.;

6) explains to the persons participating in the consideration of the case their rights and obligations;

7) resolves the filed challenges and petitions;

8) announces the protocol on the criminal offense, and, if necessary, other case materials.;

9) issues a resolution to postpone the consideration of the case in connection with: an application for self-recusal or recusal of a judge if his recusal prevents the consideration of the case on its merits; with the recusal of a defender, an authorized representative, an expert or an interpreter if the said recusal prevents the consideration of the case on its merits; with the need for the appearance of persons participating in the consideration of the case, or requesting additional materials on the case. If necessary, the judge issues a resolution on the appointment of an expert examination.

2. The judge, having begun consideration of the case of a criminal offense, hears the defendant, other persons participating in the proceedings, explanations of the specialist and the expert's conclusion, examines other evidence. If necessary, carry out other procedural actions provided for by this Code.

3. Cases of criminal offenses are subject to consideration in court within fifteen days from the date of admission to court.

In case of receipt of petitions from the participants in the process or the need for additional clarification of the circumstances of the case, the consideration period may be extended, but not more than one month.

4. Cases of criminal offenses for which expulsion from the Republic of Kazakhstan is provided as punishment, as well as for which the suspect is detained in accordance with Article 128 of this Code, shall be considered on the day of admission to court.

5. When the court considers cases of criminal offenses, the participation of the prosecutor is mandatory.

6. Having considered the case of a criminal offense, the judge:

1) issues a guilty or acquittal verdict in accordance with the procedure provided for in Chapter 46 of this Code.;

2) terminates the case in the presence of the circumstances provided for in Articles 35 and 36 of this Code.;

3) when establishing the signs of a crime, send the case to the appropriate prosecutor to resolve the issue of conducting a pre-trial investigation.

7. A court verdict rendered in a criminal misconduct case must comply in form and content with the requirements of Articles 388 and 389 of this Code.

8. The decision on a criminal offense case is announced immediately upon completion of the case review. A copy of the decision on the case is immediately handed over to the convicted person, the victim and the prosecutor. In the absence of these persons, a copy of the decision is sent to them within three days.

9. A court decision in a case of a criminal offense may be appealed, reviewed at the request of the prosecutor and protested in the manner and within the time limits provided for by this Code, on general grounds.

President

Republic of Kazakhstan

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Only one disciplinary penalty may be applied to an employee for each disciplinary offense.

Only one disciplinary penalty may be applied to an employee for each disciplinary offense.Only one disciplinary penalty may be applied to an employee for each disciplinary off...