Comment to article 399. Descriptive and motivational part of the acquittal The Criminal Procedure Code of the Republic of Kazakhstan

The descriptive and motivational part of the acquittal sets out: the essence of the charge; the circumstances of the case established by the court; the reasons for which the court recognizes as unreliable or insufficient the evidence on which the allegation of the defendant's guilt in committing a criminal offense was based; the evidence that served as the basis for the acquittal of the defendant; the reasons for the decision regarding the civil action.

It is not allowed to use language in an acquittal that casts doubt on the innocence of the acquitted person.

In cases considered in closed court, the descriptive and motivational part of the acquittal verdict should not contain wording about the circumstances that served as the basis for restricting the publicity of the trial.

The descriptive and motivational part of the acquittal indicates the substance of the charge against the defendant, the circumstances established in court, as well as the grounds for acquitting the defendant. It is important to explain the motives that served as the grounds for the defendant's acquittal – why the evidence underlying the charges was not accepted.

If there are charges under several articles, the court must indicate the reasons for the acquittal under each article. When deciding on the acquittal of several persons, the descriptive and motivational part should set out the reasons for the acquittal of each of them.

It is imperative that the descriptive and motivational part of the acquittal does not contain language indicating doubt about the innocence of the defendant.

When considering a criminal case in a closed court session, the descriptive and motivational part of the acquittal verdict should not indicate the motives that were the grounds for restricting the publicity of the trial.

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

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