Commentary to article 382. Judicial proceedings in the abbreviated procedure of the Criminal Procedure Code of the Republic of Kazakhstan

In cases of minor, moderate, and serious crimes, a shortened trial procedure is carried out subject to the following conditions:

1) the defendant admits his guilt in full, including the amount of damage caused by the criminal offense and the claims brought against him;

2) during the pre-trial proceedings, there was no violation or infringement of the rights of the participants in the process established by this Code.;

3) the participants in the trial do not dispute the relevance and admissibility of the evidence collected in the case, and do not insist on their examination at a court hearing.;

4) in case of accelerated pre-trial proceedings;

5) when concluding a procedural agreement or an agreement to achieve reconciliation through mediation.

The shortened procedure for the trial of a case consists only of interrogations of the defendant, the victim, clarification of the circumstances of the conclusion of a procedural agreement or agreement to achieve reconciliation through mediation, questions about the time and procedure for payment of a civil claim and procedural costs. The shortened trial must be completed within ten days, in exceptional cases this period may be extended by a reasoned decision of the judge up to twenty days.

If, during the court session, circumstances are established that impede the trial in an abbreviated manner, the court decides to conduct a full judicial investigation.

The trial of a case in an abbreviated manner makes it possible to increase the effectiveness of justice, since, in this way, the gap between the commission of a crime and the sentencing of the guilty person is reduced as much as possible.

A shortened trial is conducted in cases of crimes of both minor and moderate severity, as well as serious crimes.

The terms of the trial are summarized in the article itself.

In the case of a shortened trial procedure, only the defendant and the victim are questioned, the circumstances of the conclusion of a procedural agreement or an agreement to achieve reconciliation through mediation are clarified, and questions about the timing and procedure for payments of a civil claim and procedural costs are clarified. Judicial debates and the conclusion of the consideration of a criminal case shall take place in accordance with the general procedure provided for by this Code. The time limit for shortened judicial proceedings is set by law at only 10 days, but may be extended to 20 days in exceptional cases.

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