Article 623. Actions of a judge in a case involving a procedural agreement on admission of guilt, a procedural agreement on admission of guilt and the return of illegally acquired assets, concluded at the stage of pre-trial proceedings of the CPC RK Criminal Procedure Code of the Republic of Kazakhstan
1. A judge, having received a criminal case with a procedural agreement on admission of guilt, a procedural agreement on admission of guilt and the return of illegally acquired assets and a request for consideration of the case in conciliation proceedings, verifies the compliance of the concluded procedural agreement with the requirements of the law, and then issues a decision on:
1) the appointment of proceedings in the conciliation proceedings;
2) the return of the criminal case to the prosecutor, if there are no grounds for the application of conciliation proceedings;
3) the return of the criminal case to the prosecutor with the possibility of drawing up a new agreement, if the court does not agree with the qualification of the crime, the size of the civil claim, the type and (or) the amount of punishment.
2. After the parties have concluded a new procedural agreement in accordance with the court's decision on the qualification of the crime, the size of the civil claim, the type or amount of punishment, the prosecutor sends the criminal case together with the new procedural agreement to the court for its consideration in the conciliation proceedings.
3. If the judge does not agree with the new procedural agreement, he issues a decision to refuse to consider the case in conciliation proceedings and sends the case to the prosecutor for the general procedure.
The decision of the judge made in this case may be appealed or reviewed at the request of the prosecutor on appeal.
4. In order to make a decision on the grounds specified in paragraphs 2) and 3) of part one of this Article, the court shall hold a preliminary hearing of the case in accordance with the procedure provided for in Article 321 of this Code.
President
Republic of Kazakhstan
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