Article 625. Procedure and terms of judicial proceedings in conciliation proceedings CPC RK Criminal Procedure Code of the Republic of Kazakhstan
1. At the court session, after the resolution of challenges and petitions, the presiding judge announces the beginning of consideration of the procedural agreement on the admission of guilt, the procedural agreement on the admission of guilt and the return of illegally acquired assets and invites the prosecutor to state its essence.
2. After the prosecutor's speech, the presiding judge asks the defendant if he understands the essence of the procedural agreement and agrees with it. If necessary, the presiding judge explains to the defendant the essence of the procedural agreement, after which he invites him to inform the court of the circumstances of the conclusion of the agreement and finds out whether the procedural agreement corresponds to his expression of will and whether he supports it and whether he wants to inform the court about the case.
3. Having clarified the defendant's position, the presiding judge invites the defense attorney and the prosecutor to share their opinion on the procedural agreement in the form of a plea bargain or in the form of a plea bargain and the return of illegally acquired assets, and also clarifies whether they support the procedural agreement..
4. If necessary, the chairman of the court session may question the prosecutor, the defendant and his defense counsel on the issue of compliance with the procedure provided for by law for concluding a procedural agreement in the form of a plea bargain or in the form of a plea bargain and the return of illegally acquired assets.
5. After the end of the consideration of the procedural agreement, the presiding judge finds out from the defendant how long it will take him to voluntarily execute the judicial act in terms of property penalties provided for in the agreement, while clarifying his family and financial situation. Upon completion of the consideration of the procedural agreement on the admission of guilt and the return of illegally acquired assets, the presiding judge finds out from the defendant how long he will fulfill the procedural agreement regarding the return of illegally acquired assets and whether he confirms the method and procedure for their return.
The defendant must also be given the right to provide additional information to the court. After listening to the defendant, the chairman retires to the conference room and informs the time of the announcement of the court decision.
6. The consideration of the case in the conciliation proceedings must be completed within the time limits provided for in the second part of Article 382 of this Code.
President
Republic of Kazakhstan
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