Comment to article 405. Private resolution The Criminal Procedure Code of the Republic of Kazakhstan
If there are grounds for this, the court issues a private resolution in the conference room, which draws the attention of State bodies or officials, organizations or their leaders to the facts of violation of the law established in the case, the causes and conditions that contributed to the commission of a criminal offense and require appropriate measures. If an administrative offense is found in the actions of a person that contributes to the commission of a criminal offense, the court has the right to impose a penalty on him provided for by law.
A private decision may also be issued if the court finds violations of citizens' rights and other violations of the law committed during the conduct of an inquiry or preliminary investigation.
The court has the right, by a private decision, to draw the attention of organizations and labor collectives to the improper behavior of individual citizens at work or at home, or to their violation of official or civic duty.
Based on the materials of the trial, the court has the right to issue a private ruling in other cases, if it deems it necessary.
The court may, by a private decision, inform organizations and labor collectives about the high consciousness and courage shown by a citizen in the performance of civil or official duties that contributed to the suppression or disclosure of a criminal offense.
No later than within one month, the necessary measures must be taken by a private decision and the results reported to the court that issued the private decision, as indicated by the court in the operative part of the private decision.
1-4. This article contains 4 grounds for the court to make a private decision. The grounds for making a private decision are the circumstances established at the court session. These may include violations of the law, violations of citizens' rights, as well as the causes and conditions that contribute to the commission of a crime. The purpose of issuing a private ruling is to eliminate the identified violations and exclude them in the future.
A private decision is made in the conference room in the form of a separate procedural document, announced after the verdict or court order is announced. In some cases, a private resolution may not be announced if its contents contain information that is not subject to disclosure, then the presiding judge only announces the fact of the private resolution. A private ruling is issued when a final decision is made on the case (a guilty or acquittal verdict, a decision to dismiss the case). The term and procedure for appealing and protesting a private decision is similar to the term and procedure for appealing and protesting a court verdict. Private decisions are addressed to the prosecutor, the head of the body conducting pre-trial proceedings, and the chairman of the court in the event that violations of citizens' rights and violations of the law have been established by these bodies.
The form of a private resolution consists of introductory, descriptive and resolute parts. The introductory part indicates the time and place of its issuance, the composition of the court and the case in which the private decision was made. The descriptive part of the private resolution indicates the circumstances that were established at the court session and were the grounds for its issuance. The operative part of the private resolution indicates to whose address the private resolution was issued.
A private court decision may also be issued with the notification of organizations and institutions in relation to a certain person who has shown high awareness and courage in suppressing a crime, or in solving it.
After a private decision enters into force, it is subject to mandatory execution, just like any other judicial act. Officials and other persons to whom a private resolution has been sent must take specific measures to eliminate the violations of the law indicated in it and notify the court that issued the private resolution about the execution. The order of execution of a private decision is controlled by the court that issued it.
Commentary to the Criminal Procedure Code of the Republic of Kazakhstan from the Supreme Court of the Republic of Kazakhstan
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