Article 617-3. The procedure for considering a petition for concluding a procedural agreement in the form of a plea bargain and the return of illegally acquired assets CPC RK Criminal Procedure Code of the Republic of Kazakhstan

     1. The suspect, the accused, and the defendant have the right to file a motion for the conclusion of a procedural agreement in the form of a plea bargain and the return of illegally acquired assets 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 investigation, having received a petition from the suspect, the accused, the defendant or the defender for the conclusion of a procedural agreement on proceedings in the form of a plea bargain and the return of illegally acquired assets, 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 conclusion of a procedural agreement.

     The prosecutor requests the case from the body conducting the investigation, performs the actions provided for in parts three and 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 petition.

     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 and the return of illegally acquired assets;

     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, the defendant (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. Obtaining the consent of the victim to conclude a procedural agreement on the admission of guilt and the return of illegally acquired assets is not required.

     The decision on the petition for the conclusion of a procedural agreement on the admission of guilt and the return of illegally acquired assets is made within ten 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.

President    

Republic of Kazakhstan     

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