Article 608. The procedure for court resolution of issues related to the execution of a sentence or a court order of a foreign state CPC RK Code of Criminal Procedure of the Republic of Kazakhstan
1. The submission of the Prosecutor General of the Republic of Kazakhstan is considered by a judge at a court session in the absence of the convicted person or the person to whom compulsory medical measures have been applied, in accordance with the procedure and within the time limits established by this Code for resolving issues related to the execution of the sentence.
1-1. Consideration of a request (order, petition) for legal assistance in the form of confiscation is carried out at a court hearing with notification of the person in respect of whose property a decision on confiscation has been made by a verdict, resolution or other decision of a court of a foreign state, other interested persons who own, possess, use or dispose of the property subject to confiscation, and (or) their representatives or defenders, the competent authority of a foreign state and the prosecutor about the place, date and time of consideration of the request.
The persons specified in the first paragraph of this part, residing or located in the territory of the Republic of Kazakhstan, must be notified of the place, date and time of the court session no later than thirty days before the day of the court session. Notices to persons residing or located outside the Republic of Kazakhstan and to the competent authority of a foreign state shall be sent in accordance with the procedure provided for by an international treaty and the legislation of the Republic of Kazakhstan, no later than six months before the day of the court session.
The non-appearance of persons who have been promptly notified of the place, date and time of the court session, with the exception of persons whose participation in the court session is recognized by the court as mandatory, does not prevent the consideration of the request of the competent authority of a foreign state.
2. A judge's decision on the execution of a sentence or a court order of a foreign state must specify:
1) the name of the court of a foreign state, the time and place of the decision of the verdict or the decision on the application of compulsory medical measures;
2) information about the last place of residence in the Republic of Kazakhstan of the convicted person or the person to whom compulsory medical measures were applied, his place of work and occupation before conviction or application of compulsory medical measures;
3) the qualification of the criminal offense of which the person was found guilty, and on the basis of which criminal law he was convicted or compulsory medical measures were applied to him.;
4) the criminal law of the Republic of Kazakhstan, which provides for liability for a criminal offense committed by a convicted person or a person to whom compulsory medical measures have been applied;
5) the type and term of punishment (basic and additional), the term of the beginning and end of the punishment that the convicted person must serve in the Republic of Kazakhstan; the type of institution of the penal enforcement (penitentiary) system, the procedure for compensation for damages; the type of compulsory medical measures to be applied against a person undergoing compulsory medical treatment.
2-1. A court decision on the recognition and enforcement of a sentence, resolution or other decision of a court of a foreign state regarding the confiscation of property in whole or in part shall specify:
1) the name of the court of a foreign state, the time and place of the decision of the verdict, resolution or other decision on confiscation;
2) information about the last place of residence, place of work and occupation in the Republic of Kazakhstan of a person convicted by a court of a foreign state;
3) a description of the crime of which the convicted person was found guilty, and the criminal law of a foreign state on the basis of which he was convicted and a decision was made to confiscate property.;
4) an article of the Criminal Code of the Republic of Kazakhstan providing for liability for a crime committed by a convicted person;
5) information about the property located in the territory of the Republic of Kazakhstan and subject to confiscation;
6) the procedure for appealing the decision.
A court decision on the refusal to recognize and enforce a sentence, ruling or other decision of a foreign court regarding the confiscation of property must specify the grounds for such refusal.
3. If, according to the law of the Republic of Kazakhstan, the maximum term of imprisonment for this crime is less than that imposed by the verdict of a foreign court, the judge shall determine the maximum term of imprisonment for the commission of this act provided for by the Criminal Code of the Republic of Kazakhstan. If deprivation of liberty is not provided for as a punishment, the judge determines another punishment within the amount established by the Criminal Code of the Republic of Kazakhstan for this criminal offense and most appropriate to the sentence imposed by a court of a foreign state.
4. If the sentence relates to two or more acts, not all of which are recognized as crimes in the Republic of Kazakhstan, the judge determines which part of the punishment imposed by the verdict of a foreign court is applied to the act that is a crime.
5. When considering the execution of a sentence, the court may simultaneously decide on the execution of a sentence of a foreign court in terms of a civil claim and procedural costs, if there is a corresponding petition.
6. In the event of cancellation or amendment of a sentence or a court order of a foreign state or the application of an act of amnesty or pardon issued in a foreign state or in the Republic of Kazakhstan to a person serving a sentence or undergoing compulsory medical treatment in the Republic of Kazakhstan, the issues of execution of the revised sentence or court order, as well as the application of amnesty or pardon, shall be resolved in accordance with the rules of this article.
7. If, when considering the submission of the Prosecutor General of the Republic of Kazakhstan, the court comes to the conclusion that the act for which the person was convicted or compulsory medical measures were applied to him is not a crime under the legislation of the Republic of Kazakhstan, or the verdict or decision of a court of a foreign state cannot be executed due to the expiration of the statute of limitations, as well as for other reasons provided for by the legislation of the Republic of Kazakhstan or an international treaty of the Republic of Kazakhstan, he issues a decision on the refusal to recognize the verdict or the decision of the court of a foreign state.
7-1. The recognition and enforcement of a sentence, resolution or other decision of a court of a foreign state regarding the confiscation of property located on the territory of the Republic of Kazakhstan is refused on the grounds provided for in the second part of Article 569 of this Code, as well as in the following cases, if:
1) a verdict, resolution or other decision of a foreign court providing for the confiscation of property has not entered into legal force;
2) the property that is subject to confiscation is located in a territory that is not subject to the jurisdiction of the Republic of Kazakhstan;
3) an act in connection with which the confiscation of property is provided for by a verdict, resolution or other decision of a court of a foreign state was committed on the territory of the Republic of Kazakhstan and (or) this act is not a crime under the legislation of the Republic of Kazakhstan.;
4) the legislation of the Republic of Kazakhstan does not provide for the confiscation of property for an act similar to an act in connection with which a sentence, resolution or other decision of a court of a foreign state imposed confiscation;
5) in respect of the person indicated in the request of the competent authority of a foreign state for the same act, a sentence has entered into legal force, criminal proceedings have been terminated, and there is also an unturned decision of the preliminary investigation body to terminate the criminal case or to refuse to institute criminal proceedings.;
6) a sentence, resolution or other decision of a court of a foreign state providing for the confiscation of property may not be executed on the grounds provided for by an international treaty or the legislation of the Republic of Kazakhstan.;
7) in the Republic of Kazakhstan, in connection with the same act, criminal prosecution is carried out against a person whose property has been confiscated by a request from the competent authority of a foreign state.;
8) the property, the confiscation of which has been requested by the competent authority of a foreign state, has been levied by a verdict, decision or resolution of the court of the Republic of Kazakhstan in criminal, civil or administrative cases.;
9) the property specified in the verdict, resolution or other decision of the court of a foreign state is not subject to confiscation in accordance with the legislation of the Republic of Kazakhstan.
7-2. On the basis of a court order that has entered into legal force on the recognition and enforcement of a sentence, ruling or other decision of a court of a foreign state regarding the confiscation of property located in the territory of the Republic of Kazakhstan, the court issues a writ of execution, which must indicate the operative part of the sentence, ruling or other decision of a court of a foreign state, as well as the operative part of the court decision on recognition of a verdict, ruling or other decision of a foreign court and their enforcement in whole or in part.
7-2. On the basis of a court order that has entered into legal force on the recognition and enforcement of a sentence, resolution or other decision of a foreign court regarding the confiscation of property located in the territory of the Republic of Kazakhstan, the court issues a writ of execution, which must specify the operative part of the sentence, resolution or other decision of a foreign court, as well as the operative part of the resolution a court decision on the recognition of a verdict, ruling or other decision of a court of a foreign state and their enforcement in whole or in part.
A writ of execution with copies of a sentence, resolution or other decision of a foreign court and a copy of a court decision on recognition and enforcement of a sentence, resolution or other decision of a foreign court are sent for execution in accordance with the legislation of the Republic of Kazakhstan on enforcement proceedings and the status of bailiffs.
8. A court decision may be appealed or protested on appeal and within the time limits established by this Code for the review of a court decision that has entered into legal force.
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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