Comment to article 316. Transfer of a criminal case under the jurisdiction of the court that accepted the case for trial The Criminal Procedure Code of the Republic of Kazakhstan
The court directs the case according to its jurisdiction if it is established that the case submitted to it is beyond its jurisdiction.
If a violation of the rules of territorial jurisdiction of the case provided for in Article 314 of this Code is established at the main court session, then with the consent of all participants in the process, the court has the right to leave the case in its proceedings.
In all cases, the case should be referred to the jurisdiction if it is established that it is under the jurisdiction of a specialized interdistrict criminal court, a specialized interdistrict military criminal court or a garrison military court.
Clarifying the issue of the jurisdiction of a criminal case is the very first issue, the clarification of which falls within the competence of a judge immediately upon the case being brought to court from the prosecutor's office. If it is found that the case is beyond the jurisdiction of this court, the judge appoints and holds a preliminary hearing of the case, in which he decides on the direction of the case by jurisdiction.
The norms of Parts 1, 2 of Article 316 of the CPC are understood only in close connection with Part 3 of the same article: in all cases, the case is transferred to the jurisdiction if it does not fall within the jurisdiction of the court where it came from the prosecutor, that is, the jurisdiction of a specialized inter-district juvenile court or a specialized inter-district military criminal court. cases or military court of the garrison.
The continuation of consideration of a case by a court that has no jurisdiction over it (except in cases of violation of the territorial jurisdiction of the case), even with the consent of the participants in the process within the meaning of the norms of Part 2 of Article 316 of the CPC, is a significant violation of the criminal procedure law and entails the cancellation of the court verdict.
Commentary to the Criminal Procedure Code of the Republic of Kazakhstan from the Supreme Court of the Republic of Kazakhstan
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