Commentary to article 388. Legality and validity of the verdict The Criminal Procedure Code of the Republic of Kazakhstan

The verdict of the court must be lawful and justified.

A sentence is recognized as lawful if it is passed in compliance with all the requirements of the law and on the basis of the law.

A verdict is considered justified if it is made on the basis of a comprehensive and objective examination of the evidence presented to the court at a court hearing.

A sentence is lawful, justified and fair when it is passed in accordance with the requirements of the CPC and is based on the correct application of the criminal law.

A verdict is lawful when it is pronounced by the lawful composition of the court, in a conference room.

A verdict is justified when it is based on evidence examined at a court hearing and obtained in compliance with the law, which is considered sufficient for a comprehensive, complete and objective investigation of the circumstances of the case. And the conclusions of the court and the decisions adopted in the verdict correspond to the circumstances established in court. The court is obliged to substantiate all conclusions contained in the verdict with concrete evidence.

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

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