Commentary to article 434. One-sidedness or incompleteness of judicial investigation The Criminal Procedure Code of the Republic of Kazakhstan

A judicial investigation that has left unclear such circumstances, the establishment of which could be essential for the proper resolution of the case, is considered to be one-sided or incomplete.

A judicial investigation is considered incomplete in any case when persons whose testimony is essential to the case have not been questioned in the case, or an expert examination has not been conducted when it is legally mandatory, and documents or material evidence of significant importance have not been requested.

After filling in the gaps of the judicial investigation, the court of appeal shall adopt one of the decisions specified in the first part of Article 431 of this Code.

A judicial investigation conducted in an abbreviated manner in compliance with the requirements of this Code or with limited examination of evidence in connection with the petitions of the parties may not be considered incomplete or one-sided and entail the cancellation of a verdict or court order on these grounds.

The one-sidedness (one-sidedness) and incompleteness (superficiality) of the judicial investigation is directly related to the circumstances to be proved in the case (see commentary to the norms of Articles 117,481 of the CPC of the old edition) and ignoring the principle of a comprehensive and complete and objective investigation of the circumstances of the case (see: commentary to the norms of Article 24 of the CPC). However, such one-sidedness and incompleteness of the judicial investigation can only be grounds for the cancellation or amendment of the verdict if the unexplored circumstances are relevant to the case and are of a significant nature, and also require an examination of evidence on the merits by the methods of the court of first instance or the preliminary investigation authorities or the termination of proceedings in full.

2. Paragraph 1 of Part 1 of Article 434 of the CPC points to the most important sources of evidence in the case, which were not involved in the judicial investigation, as well as the preliminary investigation of the criminal case and influenced the incompleteness of the judicial investigation: key persons in the case were not questioned; the legally required examination was not carried out, documents or material evidence were not requested.

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

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