Article 629-1. Grounds for the application of writ proceedings CPC RK Criminal Procedure Code of the Republic of Kazakhstan

Home / RLA / Article 629-1. Grounds for the application of writ proceedings CPC RK Criminal Procedure Code of the Republic of Kazakhstan

1. The procedure for writ proceedings is determined by the general rules of this Code, taking into account the specifics provided for in this chapter.

2. For criminal offenses and minor crimes, the case is subject to consideration in the order of writ proceedings if:

1) the collected evidence establishes the fact of a criminal offense and (or) a minor crime and the person who committed it;

2) the suspect does not dispute the available evidence of his guilt in committing a criminal offense, agrees with the qualification of his actions (inaction), the amount (amount) of the damage (harm) caused;

3) the sanction of a committed criminal offense provides for a fine as one of the types of the main punishment, including mandatory additional punishment in the form of deprivation of the right to hold a certain position or engage in a certain activity, if the sanction establishes the exact term of deprivation of this right.;

4) the suspect filed a motion, and the victim, as well as the civil plaintiff and the civil defendant (if they participate in the case), agreed to consider the case by writ without examining the evidence, summoning them and participating in the judicial review.

3. Writ proceedings are not applied to:

1) a person who has become ill after committing a criminal offense with a mental disorder that makes it impossible for him to realize the actual nature and social danger of his actions (inaction) or to direct them;

2) a minor or a person who, due to physical or mental disabilities, cannot exercise his or her right to protection on his or her own;

3) persons who have privileges and immunity from criminal prosecution;

4) a person to whom confiscation of property, deprivation of a special, military or honorary title, class rank, diplomatic rank, qualification class and state awards, expulsion from the Republic of Kazakhstan may be applied as a mandatory additional punishment.

4. Writ proceedings shall not be applied to a set of criminal offenses when at least one of them does not provide for the main penalty in the form of a fine, as well as in the case of a set of sentences requiring the application of the rules. Article 60 of the Criminal Code of the Republic of Kazakhstan.

5. Writ proceedings shall not be applied if the verdict previously passed in the case was overturned by the court on the grounds provided for in the second part of Article 629-6 of this Code.

6. The person conducting the pre-trial proceedings shall complete the pre-trial proceedings by issuing a decision on the application of writ proceedings within five days from the moment the totality of the grounds provided for in part two of this Article is established.

In this case, the person conducting the pre-trial investigation has the right to carry out only those investigative and other procedural actions, the results of which record traces of a criminal offense and other evidence of the guilt of the suspect or the accused.

The decision on the application of writ proceedings is made by the person conducting the pre-trial proceedings after reviewing the materials of the criminal case of the suspect, his defense attorney (with his participation), the victim, his representative, the civil plaintiff, the civil defendant and the resolution of their petitions.

President

Republic of Kazakhstan

Constitution Law Code Standard Decree Order Decision Resolution Lawyer Almaty Lawyer Legal service Legal advice Civil Criminal Administrative cases Disputes Defense Arbitration Law Company Kazakhstan Law Firm Court Cases