Comment to article 406. Issues resolved by the court at the same time as the verdict The Criminal Procedure Code of the Republic of Kazakhstan

If the convicted person has underage children, elderly parents, or other dependents who remain unattended, simultaneously with the decision of the guilty verdict, the court issues a resolution on the transfer of these persons to the care or custody of relatives or other persons or institutions, and if the convicted person has property or housing that remains unattended, on taking measures to their protection. If necessary, the court issues a resolution on the placement of unsupervised minor children, disabled parents, and other dependents of the victim, in connection with his severe injury or death as a result of a criminal offense, as well as the protection of the victim's property and home.

If a defender or a representative of the victim participates in the case as appointed by the body conducting the criminal proceedings, the court, simultaneously with the verdict, issues a resolution on payment for legal assistance provided to the defendant or victim and reimbursement of expenses related to protection and representation.

The procedural decisions mentioned in the first and second parts of this article may also be taken after the verdict is pronounced on the statements of the persons concerned.

The court that passed the sentence, at the request of the participants in the process or the body executing the sentence, has the right to issue a resolution clarifying doubts and ambiguities related to the execution of the sentence, without changing its essence.

In the consultation room, in addition to the court's verdict of guilty, a decision must be made on the transfer of minor children, other dependents, elderly parents in need of outside care to the care of relatives or other persons, and in the absence of such, on their placement in children's or social institutions. The court also issues a resolution on taking the necessary measures to protect the property or home of the convicted person left unattended.

When passing sentence, the court must decide on the remuneration of the defender or the victim's representative as appointed by the body conducting the criminal process. Payment is made in accordance with the requirements of the "Rules for payment of legal aid provided by lawyers and reimbursement of expenses related to defense and representation from the republican budget", approved by Resolution of the Government of the Republic of Kazakhstan dated August 26, 1999 No. 1247.

Court decisions on the transfer of children, elderly parents or dependents of the convicted person to care, on measures to protect the property or home of the convicted person left unattended, as well as on the amount of remuneration to the defender or representative of the victim may also be taken after the verdict is pronounced at the request of interested persons. To resolve such a petition, the court holds a separate meeting with the participation of interested parties and issues a resolution.

This part of the article provides for the issuance of a resolution clarifying all kinds of doubts and ambiguities related to the execution of a court verdict. This refers to such doubts and ambiguities that do not change the essence of the sentence, for example, misrepresentations of the convicted person's surname, first name and patronymic, date of birth, place of sentencing, errors in the date of sentencing, etc.

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

 Constitution Law Code Standard Decree Order Decision Resolution Lawyer Almaty Lawyer Legal service Legal advice Civil Criminal Administrative cases Disputes Defense Arbitration Law Company Kazakhstan Law Firm Court Cases