Comment to article 315. Determination of jurisdiction in connection with criminal cases The Criminal Procedure Code of the Republic of Kazakhstan

1. If one person or a group of persons is accused of committing several criminal offenses, at least one of which belongs to the category of particularly grave, the case shall be considered by a specialized interdistrict criminal court, and cases of criminal offenses specified in Article 309 of this Code shall be considered by a specialized interdistrict military criminal court.

2 In the case of a criminal offense committed in complicity, which does not belong to the category of particularly serious, and it is impossible to separate the case into separate proceedings, the cases are considered:

specialized inter–district juvenile court - cases in which at least one of the accomplices is a minor, if there are no military personnel among the accomplices.;

military court of the garrison – cases in which at least one of the accomplices is a soldier or another person specified in paragraph 2) of the third part of Article 309 of this Code.

The norms of Article 315 of the CPC regulate the personal attribute of the jurisdiction of criminal cases to the court when one person commits crimes within the jurisdiction of different courts of first instance. For example, the defendant commits an economic crime and a qualified murder. The case of the first crime is within the jurisdiction of the court of first instance, i.e. the district court. However, due to the fact that the case of the second crime is under the jurisdiction of the specialized interdistrict criminal court (the death penalty is provided for its commission), the case as a whole is considered by the specialized interdistrict criminal court.

When crimes are committed by persons who do not belong to military personnel, civilians undergoing military training, as well as civilian personnel of military units, cases of crimes committed by these persons are subject to the jurisdiction of specialized interdistrict military courts for criminal cases, military courts of garrisons only when they commit crimes in complicity with military personnel or with civilians related to the military serving or employed in military units. And one more condition. These cases are considered by a specialized military court if it is not possible to separate cases of crimes committed by these persons (who have nothing to do with the activities of military units and in any capacity) for their consideration in courts of general (civil) jurisdiction from the materials of cases under the jurisdiction of specialized interdistrict military courts for criminal cases, military courts of garrisons. Thus, the personal attribute of the jurisdiction of criminal cases in the sense of Article 315 of the CPC provides advantages in the consideration of criminal cases committed in complicity by various subjects, specialized inter-district military criminal courts, military courts of garrisons.

All cases of crimes committed by minors in complicity with adults, if there are no military personnel among the accomplices, when separating criminal cases against these persons into separate proceedings, are subject to consideration exclusively in specialized inter-district juvenile courts. If it is impossible to make such a separation in relation to adults, then the case is fully considered by the specialized inter-district juvenile court.

Commentary to the Criminal Procedure Code of the Republic of Kazakhstan from the Supreme Court of the Republic of Kazakhstan

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