Comment to article 393. The guilty verdict The Criminal Procedure Code of the Republic of Kazakhstan

The guilty verdict contains the court's decision on recognition

the defendant is guilty of committing a criminal offense.

A guilty verdict is issued:

1) with the imposition of a criminal sentence to be served by the convicted person;

2) with the release of a person from criminal liability;

3) with the imposition of criminal punishment and release from serving it;

4) without imposing a criminal penalty;

5) with a delay in serving a criminal sentence.

A guilty verdict cannot be based on assumptions and is issued only on condition that during the trial the defendant's guilt in committing a criminal offense is confirmed by the totality of evidence examined by the court.

When passing a guilty verdict with the imposition of the sentence to be served by the convicted person, the court must accurately determine its type, size, regime and the beginning of the calculation of the term of service.

The court decides a guilty verdict with the release of a person from criminal liability if the statute of limitations for bringing a person to criminal responsibility for this criminal offense has expired, as well as in the cases provided for in the first part of Article 36 of this Code.

The court decides on a guilty verdict with sentencing and release from it in cases where by the time of sentencing:

1) an amnesty act has been issued, exempting the convicted person from applying the punishment or serving the sentence imposed by this sentence.;

2) the time spent by the defendant in custody in this case, taking into account the rules for crediting pre-trial detention established by Article 62 of the Criminal Code of the Republic of Kazakhstan, shall absorb the punishment imposed by the court.

The court shall terminate the case or, at the request of the parties, pronounce a guilty verdict without imposing punishment if the defendant has died by the time of its pronouncement.

The court decides a guilty verdict with a delay in serving a criminal sentence in the cases provided for in Article 74 and part two of Article 76 of the Criminal Code of the Republic of Kazakhstan.

The basis for a guilty verdict is a set of reliable evidence established and verified at a court hearing, and obtained in compliance with the requirements of the law.

The article specifies 5 types of convictions. The grounds for the imposition of these types of sentences are set out in parts 4-8 of this article.

A guilty verdict cannot be based on assumptions, and the guilt of the defendant can be said when it is confirmed by a sufficient and consistent set of evidence examined in court.

In respect of a person found guilty of committing a crime, a guilty verdict is passed with the imposition of a sentence to be served by the convicted person. At the same time, the court should proceed from the fact that there are no obstacles to this. When passing sentence, the court must accurately determine the type, size, regime and the beginning of the term of serving the sentence.

A guilty verdict with exemption from criminal liability is issued in cases where the statute of limitations for bringing a person to criminal responsibility has expired and on non–rehabilitating grounds - in connection with active repentance, reconciliation with the victim and making amends for the harm caused, or a change in the situation when the commission of the act has ceased to be socially dangerous.

In the event of the expiration of the limitation period for criminal prosecution established by Article 88 of the Criminal Code, the consideration of a criminal case ends with a decision to terminate the case at the preliminary hearing stage or in the main court proceedings. In this case, the decision is made on the basis of paragraph 4) of part 1 of Article 35 of the CPC.

If the defendant objects to the termination of the case on the specified grounds, as well as if the fact of the expiration of the statute of limitations is discovered in the main trial, the court decides a guilty verdict with the release of the guilty person from criminal liability.

A guilty verdict with the imposition of punishment and release from it is decided when an amnesty act has been issued, exempting from the application of punishment, as well as when the time spent by the defendant in custody in the case is absorbed by the punishment imposed by the court.

Termination of a criminal case in the presence of an amnesty act eliminating the use of punishment for a committed crime is allowed both in the preliminary and in the main court proceedings.

If the defendant objects to the termination of the case, the case is considered in a general manner and ends with a verdict of guilty, with the imposition of punishment and release from serving it on the basis of an amnesty act.

The death of the defendant is the basis for the termination of the proceedings at any stage of the trial. In this case, the court's decision is expressed in a resolution. A guilty verdict without sentencing a deceased person is decided when the parties apply for consideration of the case in order to rehabilitate the deceased or to consider the case against other persons.

The grounds for a suspended sentence are set out in Articles 74 and Part 2 of Article 76 of the Criminal Code of the Republic of Kazakhstan. In the guilty verdict, the court is obliged to provide the reasons for the imposition of punishment with a delay in serving the sentence.

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

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