Comment to article 343. Termination of the case in the main court proceedings The Criminal Procedure Code of the Republic of Kazakhstan

The case is subject to termination in the main court proceedings if the circumstances specified in paragraphs 3) -12) of the first part of Article 35 of this Code are established, as well as if the prosecutor refuses to charge in accordance with the rules of the sixth part of Article 337 of this Code. The case may also be terminated in the main court proceedings on the grounds specified in the first part of Article 36 of this Code.

A decision to terminate a criminal case is made in compliance with the requirements provided for in Article 288 of this Code.

1. The Article establishes the grounds for termination of a criminal case at a court hearing. The disposition of the article is referential in nature.

Thus, the criminal case is subject to termination in the following circumstances:

- as a result of an amnesty act, if it eliminates the use of punishment for committed acts;

- after the expiration of the statute of limitations for criminal prosecution;

- in the absence of a complaint from the victim, in cases of criminal offenses provided for in parts two and three of Article 32 of this Code, with the exception of cases provided for in part four of Article 32 of this Code, as well as in the case of a private prosecutor's refusal to charge – in cases of criminal offenses provided for in the second part of Article 32 of this Code, except for the cases provided for in the fourth part of Article 32 of this Code, or the withdrawal by the head of a commercial or other organization or an authorized body of an application for bringing a person to criminal responsibility.;

- if a law has been put into effect abolishing criminal liability for the committed act, or if the Constitutional Council of the Republic of Kazakhstan has declared unconstitutional a law or other normative legal act to be applied in this criminal case, on which the qualification of the act as a criminal offense depends.;

- if there is a court verdict on the same charge that has entered into legal force against the person or another unturned court ruling that established the impossibility of criminal prosecution.;

- if there is an undelivered decision of the criminal prosecution authority regarding the termination of criminal prosecution on the same suspicion.;

- if, in relation to a person who has committed an act prohibited by criminal law in a state of insanity, except in cases where the proceedings are necessary to apply a compulsory medical measure to him;

- in connection with the refusal to give consent by an authorized body or official to bring to criminal responsibility a person who has privileges or immunity from criminal prosecution;

- with respect to the deceased, except in cases where the proceedings are necessary for the rehabilitation of the deceased or the investigation of the case against other persons, as well as the identification of illegally obtained property, funds and other valuables subject to confiscation, providing compensation for the damage caused.;

- in relation to a person subject to exemption from criminal liability by virtue of the provisions of the Criminal Code of the Republic of Kazakhstan.

2. The court shall issue a reasoned decision on the termination of the case in the conference room. Termination of a criminal case on the grounds specified in paragraphs 3), 4) and 11) of the first part of Article 35 of the CPC is not allowed if the person whom the applicant explicitly refers to as the person who committed the criminal offense (a witness entitled to defense), the suspect, the accused, as well as the defendant or his legal representatives The representatives object to this. In this case, the proceedings on the case continue and are completed if there are grounds for that by a verdict of guilty with the release of the person from punishment or criminal liability. To make a decision on the termination of a criminal case on the grounds specified in paragraphs 3), 4), 9), 10) and 11) of the first part of Article 35 of the CPC, the consent of the victim is not required.

3. The case may also be terminated in the main court proceedings due to active repentance; if the limits of necessary defense are exceeded due to fear, fright or confusion caused by a socially dangerous encroachment; if the person fulfills the terms of a procedural agreement; in connection with reconciliation (with the exceptions established by art.68 of the Criminal Code); with the establishment of sureties.

A minor who has committed a criminal offense or a minor offense, or who has committed a moderate offense for the first time, may be released from criminal liability by a court if it is established that his correction is possible without criminal prosecution. At the same time, compulsory educational measures may be applied to him.

A minor who has committed a serious crime for the first time that is not related to causing death may be released from criminal liability by a court in the cases provided for in the second part of Article 68 of this Code.

4. A person may also be released from criminal liability under the circumstances established by the notes of Articles 439, 440, 442-446, 451 of the Criminal Code of the Republic of Kazakhstan. In such cases, the court also has the right to issue a guilty verdict with exemption from criminal liability.

5. Termination of a criminal case on the specified grounds is not allowed if the suspect, the accused or the victim object to this. In this case, the proceedings will continue as usual.

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

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