Comment to article 627. The structure and content of the guilty verdict in the case considered in the conciliation proceedings The Criminal Procedure Code of the Republic of Kazakhstan

The introductory part of the verdict rendered in the case considered in the conciliation proceedings must comply with the requirements of Article 396 of this Code.

The descriptive and motivational part of the conviction rendered in the conciliation proceedings should contain a reference to the procedural agreement and indicate:

1) a description of the criminal act of which the defendant was found guilty;

2) qualification of the deed;

3) the motives for sentencing;

4) the reasons for the decision on the civil claim, the procedure and term of its execution;

5) the fate of the physical evidence and the recovery of procedural costs.

The operative part of the sentence states:

1) finding the defendant guilty in accordance with the relevant paragraph, part and article of the Criminal Code of the Republic of Kazakhstan;

2) the measure of punishment;

3) the decision on the civil claim and the issue of procedural costs;

4) the time limit for compensation of the damage caused in accordance with the terms of the procedural agreement;

5) the procedure and time limit for appealing a verdict.

Simultaneously with the decision of the verdict, the issues listed in Article 401 of this Code are subject to resolution by the court.

A copy of the verdict shall be handed over to the convicted person, his defense attorney and the prosecutor no later than five days from the date of the verdict.

The convicted person and his defense counsel have the right to appeal against the verdict in a general manner within fifteen days from the date of receipt of a copy of the verdict.

1. The structure and content of the verdict in a case considered in conciliation proceedings differs significantly from the verdict in a case considered in a general adversarial procedure.

If the introductory part of the sentence must comply with the requirements specified in Article 396 of this Code, then the descriptive and motivational part has its own characteristics.

In this part of the verdict, the court first of all indicates that the case is being considered in accordance with the procedural agreement on the admission of guilt. Next, the court formulates the circumstances of the commission of the crime by the defendant, adhering to the limits specified in the procedural agreement. Then the court indicates in the verdict the paragraph, part, article of the Criminal Code of the Republic of Kazakhstan, according to which it qualifies the act committed by the defendant. After that, the court justifies the type and amount of criminal punishment that should be imposed on the defendant for committing the act specified in the verdict. At the same time, the court takes into account the circumstances that justify the type and amount of punishment specified in the procedural agreement, and lists mitigating and aggravating circumstances in the verdict.

It seems that the court has no right to indicate in the verdict and take into account those aggravating circumstances that are not specified in the procedural agreement when imposing punishment. Also, the court does not have the right to impose a more severe punishment than stipulated in the procedural agreement. If the procedural agreement does not provide for the imposition of additional punishment, the court has no right to impose it on the verdict.

After stating the reasons for sentencing in the verdict, the court motivates the decision on the civil claim and justifies the procedure and time limit for its voluntary execution. Along with these circumstances, the court, in the verdict in the case considered in the conciliation proceedings, motivates the decision to determine the fate of the material evidence and recover the procedural costs. The court draws attention to how these issues are specified in the procedural decision, and when explaining and resolving them, the verdict should not exceed the limits of the procedural agreementr stating the reasons for sentencing in the verdict, the court motivates the decision on the civil claim and justifies the procedure and time limit for its voluntary execution. Along with these circumstances, the court, in the verdict in the case considered in the conciliation proceedings, motivates the decision to determine the fate of the material evidence and recover the procedural costs. The court draws attention to how these issues are specified in the procedural decision, and when explaining and resolving them, the verdict should not exceed the limits of the procedural agreement. For example, if the procedural agreement specifies that the procedural costs are attributed to the State, then the court, when passing sentence, does not have the right to impose them on the defendant.

2. The issues to be resolved by the court at the same time as the verdict are listed in article 406 of the CPC. They relate to determining the fate of minor children, elderly parents, other dependents of the convicted person and the protection of his property, animals left unattended when sentencing the defendant to imprisonment.

In accordance with Article 154 of the CPC (The right to custody and supervision of property) Even during the pre-trial proceedings, the body conducting the criminal process is obliged to take measures to protect the personal and property rights of the suspect, the accused, and the detainee. This article states that minors, as well as disabThis article states that minors, as well as disabled persons who have been left in custody by a parent or breadwinner, as well as other actions of the body conducting the criminal process, without supervision, care and livelihood, have the right to care, which the specified body is obliged to provide them at the expense of budgetary funds. Instructions from the body conducting the criminal process to organize the supervision, care and temporary placement of disabledInstructions from the body conducting the criminal process to organize the supervision, care and temporary placement of disabled persons in state social assistance bodies or a medical organization are mandatory for the guardianship and guardianship authority, as well as the heads of these organizations. The body conducting the criminal proceedings also has the right to entrust the care of minors and disabled persons to their relatives with the consent of the latter.

3. In addition, the suspect or the accused has the right to take care of his property and animals belonging to 3. In addition, the suspect or the accused has the right to take care of his property and animals belonging to him if, as a result of the person's detention, as well as other actions of the body conducting the criminal process, they were left unattended. The official is obliged to provide this person, at his request and at his expense, with the care of animals and property. The decision of the body conducting the criminal proceedings on the organization of supervision of a person's property and animals belonging to him is binding on the relevant state bodies and organizations.

The body conducting the criminal proceedings shall immediately notify the person to whom detention has been applied as a preventive measure, or another interested person, of the measures taken.

If the above measures were not taken during the pre-trial proceedings, the court must order the transfer of disabled persons who were dependent on the convicted person to the care or custody of relatives or other persons or institutions, and if the convicted person has property or housing, animals left unattended, to take measures to protect them.

4. If necessary, the court must also issue 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 on the protection of the victim's property and home.

5. If the defendant's defense attorney or the victim's representative participated 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 ex5. If the defendant's defense attorney or the victim's representative participated 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 defense and representation.

If the grounds for the above-mentioned rulings were not known to the court at the time of sentencing, then the law does not prohibit the issuance of rulings on these issues after the pronouncement of the verdict based on the statements of interested persons.

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