Article 615. Procedure for consideration of a petition for the conclusion of a procedural agreement in the form of a plea bargain CPC of the Republic of Kazakhstan Code of Criminal Procedure of the Republic of Kazakhstan

     1. The suspect, the accused, the defendant has the right to file a motion for the conclusion of a procedural agreement in the form of a plea bargain at any time during the criminal proceedings before the court is removed to the conference room. A procedural agreement may be concluded on the initiative of the prosecutor.

     2. The body conducting the criminal proceedings, having received a petition from the suspect, the accused or the defender for the conclusion of a procedural agreement on proceedings in the form of a plea bargain, taking into account the grounds provided for in Article 613 of this Code, within three days sends the received petition together with the materials of the criminal case to the prosecutor to resolve the issue of concluding a procedural agreement.

     The prosecutor requests the case from the body conducting the investigation, performs the actions provided for in part four of this article, having seen in the case the possibility of concluding a procedural agreement, invites the defense to discuss the issue of its conclusion, or informs in writing about the refusal to satisfy the request.

     3. When considering the possibility of concluding a procedural agreement, the prosecutor must verify:

     1) does an act committed by a person fall under a procedural agreement on proceedings in the form of a plea bargain;

     2) the voluntariness of the person's application for the conclusion of a procedural agreement and awareness of the consequences of its conclusion;

     3) the person does not dispute the collected evidence and the qualification of the act;

     4) the consent of the person with the nature and amount of the harm caused by him and the civil claim;

     5) the absence of circumstances in the case leading to the termination of criminal prosecution.

     To clarify these circumstances, the prosecutor summons the suspect, the accused (requires delivery of the detainee), his lawyer and the victim, from whom he finds out the opinion on the possibility of concluding a procedural agreement. The prosecutor explains to the person who submitted the petition the consequences of concluding a procedural agreement, the right to refuse its conclusion.

     4. If the victim does not agree, the procedural agreement is not concluded. If the victim agrees, then, taking into account his opinion on the issue of compensation for the harm caused by the crime, the prosecutor and the defense party conclude a procedural agreement, which is set out in writing and signed by the parties to the agreement.

     The decision on the application for the conclusion of a procedural agreement on the admission of guilt is made within seven days from the date of receipt of the criminal case by the prosecutor's office.

     The prosecutor's refusal to conclude a procedural agreement is not subject to appeal, but this does not prevent the conclusion of a procedural agreement in the future.

     The footnote. Article 615 as amended by the Laws of the Republic of Kazakhstan dated 07.11.2014 No. 248-V (effective from 01.01.2015); dated 27.12.2019 No. 292-VI (for the procedure of entry into force, see art. 2).

President    

Republic of Kazakhstan     

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