Comment to article 306. Criminal cases within the jurisdiction of the district and equivalent courts The Criminal Procedure Code of the Republic of Kazakhstan
1 District and equivalent courts act as a court of first instance.
2 The district court and its equivalent court have jurisdiction over all criminal cases, with the exception of criminal cases referred to the jurisdiction of specialized courts, unless their jurisdiction has been changed in the cases provided for by this Code.
3 At the pre-trial stage of the criminal process, district and equivalent courts (the investigating judge) consider complaints against decisions and actions (inaction) of persons conducting the pre-trial investigation, the prosecutor overseeing the legality of operational investigative activities, pre-trial investigation, authorize procedural actions in the cases provided for by this Code.
4. During the execution of the sentence, the district and equivalent courts shall consider the issues referred to in Articles 475 and 476 of this Code in cases referred to their jurisdiction.
In the cases provided for by this Code, district and equivalent courts in cases referred to their jurisdiction shall consider petitions for the initiation of proceedings on newly discovered circumstances.
In accordance with paragraph 2 of Article 13 of the Constitution of the Republic of Kazakhstan, everyone has the right to judicial protection of their rights and freedoms. The Constitutional Council of the Republic of Kazakhstan pointed out that the Constitution of the Republic of Kazakhstan provides for the possibility for everyone to apply to the court for protection and restoration of violated rights and freedoms. However, the Constitution does not define the procedure for exercising this constitutional right. It follows from the meaning of article 75 and subparagraph 3 of paragraph 3 of Article 77 of the Constitution of the Republic of Kazakhstan that this mechanism is established in the laws of the Republic regulating the organizational and legal structure of the judicial system and the administration of justice. Subparagraph 3 of paragraph 3 of Article 77 of the Constitution of the Republic of Kazakhstan states that jurisdiction cannot be changed by anyone without his consent, and presupposes the existence of rules on the jurisdiction of cases. The competence of the various levels of courts is determined only by the range of cases assigned by law to their jurisdiction. At the same time, the procedural procedure for considering cases in all parts of the country's judicial system is uniform and binding on all defendants and does not create any privileges for one group of persons, nor does it infringe on someone's right to judicial protection of their rights and freedoms. For sentences passed by local courts, the CPC establishes several stages of their review in the interests of legality and the elimination of judicial errors (Resolution of the Constitutional Council of the Republic of Kazakhstan dated May 5, 1999 No. 8/2).
In contrast to the jurisdiction of criminal cases, the jurisdiction of criminal cases quite clearly characterizes the competence of the judicial system (courts) to consider criminal cases. Like jurisdiction, the jurisdiction of criminal cases can be territorial, substantive, personal, or alternative, but with rules that differ slightly from the rules of jurisdiction in criminal cases. The higher court is always the arbiter of determining proper jurisdiction in resolving disputes between courts. Part 2 of Article 306 of the CPC contains the phrase: “if their jurisdiction in the cases provided for by this Code has not been changed.” This addition to the specified norm allows changing the jurisdiction of cases referred to the competence of specialized inter-district juvenile courts, due to the remoteness of the location of the specialized inter-district juvenile court from the place of residence of the accused, victims, witnesses to be summoned to court, the location of lawyers and state prosecutors of the territorial prosecutor's office, this makes it difficult to organize a trial at the location of a specialized court.
The content of Article 306 of the CPC determines that the largest number of criminal cases on territorial (the place of commission of the crime or the place of completion of the investigation) and substantive (depending on the qualification of the crime) grounds of jurisdiction are considered by district and equivalent courts. At the same time, the district and equivalent court is the court of first instance, makes a decision on the merits of the case, that is, the criminal case is resolved on its merits in this particular court instance.
The law does not specify a list of criminal cases within the jurisdiction of the district court. And there is no need for this, since the norms of the CPC specifically regulate the jurisdiction in the first instance of criminal cases that are considered by specialized inter-district courts (Articles 306, 307, 308, 309, 312 of the CPC). Consequently, all other first instance cases, given that the regional and Supreme courts are not courts of first instance, are considered exclusively by the district courts.
4. In connection with the introduction of a new procedural figure in the court of first instance in the person of an investigating judge, district and equivalent courts consider complaints against decisions and actions (inaction) of persons conducting a pre-trial investigation, a prosecutor overseeing the legality of operational investigative activities, inquiries and investigations, and authorize procedural actions in the following cases: provided for by this Code.
During the execution of the sentence, the district and equivalent courts consider the issues referred to in Articles 475 and 476 of this Code in cases referred to their jurisdiction. In particular, the issues of postponement of the execution of the sentence, as well as issues to be considered by the court that arise during the execution of the sentence.
The jurisdiction of the district court also includes cases of the application of compulsory medical measures to persons who have committed socially dangerous acts in a state of insanity or who have contracted a mental illness after committing a crime.
Commentary to the Criminal Procedure Code of the Republic of Kazakhstan from the Supreme Court of the Republic of Kazakhstan
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