Article 53. Powers of the court CPC RK Criminal Procedure Code of the Republic of Kazakhstan

     1. The powers of the court as a judicial authority are determined by law.

     2. Only the court is competent:

     1) to find a person guilty of committing a criminal offense and impose punishment on him;

     2) to apply compulsory medical measures or compulsory educational measures to a person;

     3) to cancel or amend the decision taken by the lower court;

     4) review judicial acts based on newly discovered circumstances;

     5) authorize the measure of restraint chosen by the investigator, the inquirer, the body of inquiry, the prosecutor in relation to the suspect, the accused in the form of detention, house arrest, extradition arrest, bail and extend their terms;

     5-1) authorize the conduct of secret investigative actions and the extension of its terms, as well as extend the period for notifying a person of secret investigative actions carried out against him, give consent to the pre-trial investigation body not to notify the person of secret investigative actions carried out against him;

     6) authorize procedural coercion measures in the form of temporary suspension from office and a ban on approaching the suspect or the accused.;

     7) forcibly place a person who is not in custody in a medical organization for conducting a forensic psychiatric and (or) forensic medical examination;

     8) authorize the exhumation of a corpse, the declaration of an international search, the seizure of property, inspection, search, seizure and personal search;

     9) to authorize compulsory receipt of samples and examination.

     3. In the cases and in the manner provided for by this Code, the court:

     1) considers complaints about decisions and actions (inaction) of the criminal prosecution body, the prosecutor;

     2) at the request of the prosecutor, the defender deposits the testimony of the witness and the victim;

     3) imposes monetary and administrative penalties;

     4) considers issues related to the execution of the sentence;

     5) consider the prosecutor's request for confiscation of property obtained illegally before sentencing.

     4. If, during the judicial review of the case, circumstances are revealed that contributed to the commission of a criminal offense, violation of the rights and freedoms of citizens, as well as other violations of the law committed during the pre-trial investigation, the court issues a private resolution, which draws the attention of relevant organizations or persons to these circumstances and facts of violations of the law, requiring the necessary measures. The court has the right to make a private decision in other cases, if it deems it necessary.

     5. A private ruling against a lower court (judge) is not issued. Violations of the law committed by a lower court that resulted in the cancellation or amendment of a verdict or resolution are indicated in a judicial act of a higher court. When establishing the facts of the commission of acts constituting other criminal offenses, or acts entailing administrative or disciplinary liability, the court issues a private resolution to the relevant prosecutor for taking measures provided for by law.

     6. In cases provided for by law, in cases under consideration, a judge has the right to request operational accounting files, materials of counterintelligence activities and secret investigative actions of bodies of inquiry related to the case under consideration, and to get acquainted with them, with the exception of information not subject to disclosure about the organization of operational investigative, counterintelligence activities and secret investigative actions, specific operational investigative, counterintelligence events and secret investigative actions, sources and methods of obtaining information.

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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