Article 617-4. The procedure for drafting a procedural agreement in the form of a plea bargain and the return of illegally acquired assets CPC RK Code of Criminal Procedure of the Republic of Kazakhstan

     1. The procedural agreement on the admission of guilt and the return of illegally acquired assets states:

     1) the date and place of its compilation;

     2) an official of the prosecutor's office concluding a procedural agreement;

     3) last name, first name and patronymic (if any) of the suspect, the accused or the defendant concluding the procedural agreement, date and place of his birth, place of residence and occupation, last name, first name, patronymic (if any) of his defender;

     4) a description of the crime, indicating the time and place of its commission, as well as other circumstances to be proved in accordance with the provisions of this Code.;

     5) paragraph, part, article of the Criminal Code of the Republic of Kazakhstan, providing for responsibility for this crime;

     6) the admission by the suspect, accused or defendant of his guilt in the commission of a crime and the obligation to voluntarily return illegally acquired assets, including those located outside the Republic of Kazakhstan;

     7) a list and description of illegally acquired assets to be returned, their location, including assets located outside the Republic of Kazakhstan;

     8) circumstances mitigating criminal liability, punishment, and the norms of criminal law that can be applied to a suspect, accused, or defendant if they comply with the conditions and obligations specified in the procedural agreement.;

     9) issues of releasing a person from criminal liability by virtue of the provisions of the Criminal Code of the Republic of Kazakhstan, which will be requested by the prosecutor;

     10) actions that the suspect, the accused, or the defendant undertake to perform after concluding a procedural agreement;

     11) terms and methods of transfer (transfer) or transfer of illegally acquired assets to a Special state fund or management company established in accordance with the legislation of the Republic of Kazakhstan on the return of illegally acquired assets to the state;

     12) the duty of the suspect, accused or defendant to interact and cooperate with the prosecutor on criminal investigation and the return of illegally acquired assets;

     13) the consequences of concluding a procedural agreement and the actions of the prosecutor in a criminal case after concluding a procedural agreement on the admission of guilt and the return of illegally acquired assets;

     14) consequences of failure by the suspect, the accused or the defendant to comply with the terms of the procedural agreement on the admission of guilt and the return of illegally acquired assets;

     15) other conditions and obligations agreed upon by the parties in the procedural agreement on the admission of guilt and the return of illegally acquired assets.

     2. The terms of the procedural agreement should provide for the return of the amounts of excess income received by the person for the total period of ownership of assets, in cases where the person received such excess income due to favorable non-competitive business conditions, including those established in legislative and other regulatory legal acts, as well as as a result of the actual concentration of economic resources in the relevant market of goods, works or services, including through direct or indirect ownership of shares (stakes in the authorized capital) of market entities, who occupy and (or) have occupied a dominant or monopolistic position in the relevant commodity market.

     3. A procedural agreement on the admission of guilt and the return of illegally acquired assets shall be concluded in writing and signed by the prosecutor, the suspect, the accused or the defendant, as well as his defense counsel.

     Before signing the procedural agreement, the suspect, the accused or the defendant has the right to discuss its provisions privately and confidentially with his defense counsel.

President    

Republic of Kazakhstan     

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