Comment to article 307. Criminal cases under the jurisdiction of the specialized inter-district Juvenile Court The Criminal Procedure Code of the Republic of Kazakhstan
1 The Specialized Inter-district Juvenile Court acts as a court of first instance, which has jurisdiction over criminal cases:
1) on criminal offenses committed by minors, with the exception of cases referred to the jurisdiction of the specialized interdistrict criminal court, the specialized interdistrict military criminal court and the garrison military court;
2) on criminal offenses provided for in Articles 106 (paragraph 11) of part two), 107 (paragraph 8) of part two), 122 (parts one and two), 124 (parts one and two), 132 (parts one and two), 133, 134, 135 (parts one, two and three the third), 136, 137,138,139 (regarding non-fulfillment of obligations to pay funds for the maintenance of children), 140, 141, 142, 143 and 144 of the Criminal Code of the Republic of Kazakhstan.
2 At the stage of execution of the sentence, specialized inter-district juvenile courts consider the issues referred to in Articles 475 and 476 of this Code in cases referred to their jurisdiction.
3 In the cases provided for by this Code, specialized inter-district juvenile courts in cases referred to their jurisdiction shall consider petitions for the initiation of proceedings on newly discovered circumstances.
4 A criminal case under the jurisdiction of a specialized inter-district juvenile court may be referred to a court of general jurisdiction in the cases provided for in Article 317 of this Code.
Paragraph 6.1 of the UN Minimum Rules for the Administration of Juvenile Justice (the "Beijing Rules"), adopted by UNGA Resolution 40/33 of December 10, 1985, emphasizing the features that should be taken into account when regulating juvenile proceedings, led to the creation of specialized inter-district juvenile courts and the definition of their jurisdiction.
In the context of the above thesis, the specialized inter-district juvenile Court is an important link in the judicial system of the Republic of Kazakhstan and performs exclusively the functions of the court of first instance in cases of crimes committed by minors, as well as in cases of crimes against the family and minors.
Paragraph one of the first part of Article 307 of the CPC specifically stipulates that when juvenile defendants commit crimes that fall under the jurisdiction of a specialized interdistrict criminal court, a specialized interdistrict military criminal court, and a garrison military court, specialized juvenile courts may not consider such criminal cases.
During the execution of the sentence, the specialized inter-district juvenile court considers the issues referred to in Articles 475 and 476 of this Code in cases under 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.
4. 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, it is difficult to organize a trial at the location of the court. Sometimes there are objective obstacles for a judge to travel to the region to consider a case at the place of residence of the specified participants in the process. In such cases, a criminal case under the jurisdiction of a specialized inter-district juvenile court may be referred to a court of general jurisdiction in the cases provided for in Article 317 of this Code.
Commentary to the Criminal Procedure Code of the Republic of Kazakhstan from the Supreme Court of the Republic of Kazakhstan
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