Commentary to article 170. Decisions on a civil claim of the Criminal Procedure Code of the Republic of Kazakhstan

1 Based on the results of consideration of a civil claim in a criminal case, the court makes one of the following decisions:

1) full or partial satisfaction of a civil claim;

2) the refusal to satisfy a civil claim;

3) recognizing the civil plaintiff's right to satisfy a civil claim and referring the issue of its size to the court for consideration in civil proceedings.;

4) acceptance of the waiver of a civil claim and termination of proceedings on it;

5) on the approval of a settlement agreement or an agreement on the settlement of a dispute through mediation on a civil claim and the termination of proceedings on it;

6) on leaving a civil claim without consideration.

2. When issuing a decision to terminate the proceedings on the grounds specified in paragraphs 3), 4) of the first part of Article 35 of this Code, the court shall satisfy the civil claim in full.

3. When passing a guilty verdict or passing a resolution on the application of a compulsory medical measure to an insane person, the court shall satisfy the civil claim in whole or in part or refuse to satisfy it.

4 In cases of satisfaction of a civil claim in whole or in part, the court shall establish and indicate in the verdict the time limit for the voluntary execution of the sentence in respect of the civil claim. In case of non-execution of the court verdict regarding the civil claim within the time period provided for voluntary execution, the court sends the verdict for compulsory execution regarding the civil claim in accordance with the procedure established by the civil procedural legislation. Enforcement is carried out in accordance with the procedure established by the legislation of the Republic of Kazakhstan on enforcement proceedings and the status of bailiffs.

5 If it is impossible to make a detailed calculation of a civil claim without postponing the criminal case proceedings, the court may recognize the civil plaintiff's right to satisfy the claim and refer the issue of its size to the court for consideration in civil proceedings.

6 The court refuses to satisfy a civil claim when passing an acquittal verdict, as well as when passing a decision to terminate the case on the application of compulsory medical measures to an insane person, unless an event of a criminal offense or an act prohibited by the Criminal Code of the Republic of Kazakhstan has been established, or the defendant's participation has not been proven, or his guilt or the person against whom The issue of the use of compulsory medical measures was being resolved, in the commission of a criminal offense or an act prohibited by the Criminal Code of the Republic of Kazakhstan.

7 The court decides to terminate the proceedings on a civil claim in cases where the court approves a settlement agreement, achieves reconciliation through mediation, or the court accepts the rejection of a civil claim.

8 The court leaves the claim without consideration in the following cases::

1) acquittal of the defendant for lack of evidence of a criminal offense;

2) termination of the case for lack of grounds for applying compulsory medical measures to an insane person who, by the nature of his act and his condition, does not pose a danger to society and does not need compulsory treatment.;

3) termination of the case on the grounds specified in paragraphs 5), 7), 8) of the first part of Article 35 of this Code;

4) petitions of the civil plaintiff about it.

Leaving a civil claim without consideration on other grounds not provided for by law is not allowed.

1. When passing a verdict, the court, in accordance with the requirement of Article 390 of the CPC, along with other issues resolved in the conference room, is obliged to make a decision on a civil case.

By passing a guilty verdict or, accordingly, a decision on the application of a compulsory medical measure, the court shall satisfy the civil claim in whole or in part or assist in its satisfaction. The decision on a civil claim is made by the court based on the evidence of its infliction by a crime, the nature and extent of the damage caused, and the circumstances in which it was caused.

The conditions, scope and method of compensation for damage caused by a crime, when considering a civil claim together with a criminal case, is determined in accordance with the norms of civil, labor and other legislation. The general grounds for liability for causing harm in the commission of a crime are defined in the relevant norms of the Civil Code of the Republic of Kazakhstan.

Having established that the property in the possession of other persons belongs to the defendant, as well as that the property that is his joint property with other persons was acquired with funds obtained by criminal means, the court, having provided appropriate evidence, must indicate this in the verdict so that the recovery of damages can be applied to such property.

The decision to dismiss a civil claim is taken when an acquittal is rendered on the basis of failure to establish the event of the crime or the lack of evidence of the defendant's participation in the commission of the crime or the lack of evidence of the commission of an act prohibited by criminal law by an insane person.

The claim must also be refused if it is established at a court hearing that there is no harm caused by a crime or an act of the insane, or when there is no causal relationship between the act committed by the defendant or the insane and the harm that has occurred.

3. It should be borne in mind that when resolving a criminal case on the merits, it is unacceptable to unreasonably leave a civil claim without consideration.

A civil claim may be dismissed only upon termination of a criminal case as a result of an act of amnesty, after the expiration of the statute of limitations for criminal prosecution, as well as on the grounds specified in paragraphs 7 and 8 of the first part of Article 35 of the CPC and in Article 36 of the CPC.

4. A decision to transfer the issue of the amount of a civil claim for consideration in civil proceedings may be taken only in cases where all the grounds provided by law for the satisfaction of the claim in the main trial of a criminal case have been established and they indicate the validity of the claim, however, its size cannot be accurately determined without postponing the criminal proceedings (for example, due to the lack of necessary documents confirming the amount of property damage, etc.).

When deciding on the transfer of a civil claim for consideration in civil proceedings, the court, upon the entry into force of the verdict, sends duly certified copies of the verdict and materials related to the civil claim to the appropriate court of jurisdiction for a detailed calculation of the amount of compensation to be recovered for the damage caused by the crime in favor of the civil plaintiff. At the same time, the court considering the criminal case, recognizing the civil plaintiff's right to satisfy his civil claim, does not have the right to prejudge and indicate in the verdict conclusions on issues that are subject to consideration in civil proceedings. Similarly, when considering the issue of calculating the amount of compensation to be recovered for damage caused by a crime in civil proceedings, the court does not have the right to dismiss the claim or leave the claim without consideration, since in accordance with part 3 of Article 127 of the Code of Criminal Procedure, the verdict that has entered into force, which recognizes the right to satisfaction of the claim, is mandatory in this part. when considering a civil case.

5. In satisfying the claim, the court must, in the operative part of the verdict (resolution), set a time limit for the voluntary execution by the civil defendant of the decision on the civil claim and indicate in the verdict (resolution) that after the expiration of the specified period, the judicial act regarding the civil claim is subject to compulsory execution.

The compulsory execution of a sentence in respect of a civil claim is carried out in accordance with the procedure established by the legislation on enforcement proceedings.

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

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