Commentary to article 479. Consideration of applications for removal of criminal record The Criminal Procedure Code of the Republic of Kazakhstan
The issue of removing a criminal record in accordance with article 79 of the Criminal Code of the Republic of Kazakhstan is resolved by the court at the place of residence of the person who served the sentence, at his request.
The participation in the court session of the person in respect of whom the petition for the removal of a criminal record is being considered is mandatory.
The examination begins with hearing the explanations of the person who filed the petition, after which the submitted materials are examined and the summoned persons are heard.
If the criminal record is refused, a second application for this may be initiated before the court no earlier than one year after the date of the decision on refusal.
1. A person convicted of committing a crime shall be considered to have been convicted from the date of entry into force of the court's verdict of conviction until the date of cancellation or removal of the criminal record. A criminal record in accordance with the Criminal Code is taken into account for the repetition, recidivism of crimes and when sentencing. A person released from punishment is recognized as having no criminal record.
A petition for the removal of a criminal record is initiated by the convicted person himself, who has served his sentence. At the same time, his participation in the court hearing on this issue is mandatory.
2. An open court session is being held on the issue of removing a criminal record.
The issue of removing a criminal record is resolved by the court at the place of residence of the person who has served the sentence, without requesting a criminal case. The court, at its discretion, may request a copy of the verdict and other necessary materials (a description from the place of work, study, documents on the grounds and time of actual release from punishment, etc.) before the start of the court session. The prosecutor is notified of the received petition, whose failure to appear at the court session on the appointed day does not suspend the consideration of the petition. A convicted person can exercise his rights with the help of a lawyer.
3. The hearing of the case begins with hearing the petition of the person and its justification, after which the court gets acquainted with the available documents characterizing the personality, work activity and behavior of the person in respect of whom the issue of removing the criminal record is being discussed, then the summoned persons and the opinion of the prosecutor are heard.
4. The court shall issue a reasoned decision on the removal of a criminal record or refusal to do so in the conference room, a copy of which shall be issued to the person against whom the criminal record removal case was considered. A court decision to expunge a criminal record may be appealed and challenged on appeal.
Commentary to the Criminal Procedure Code of the Republic of Kazakhstan from the Supreme Court of the Republic of Kazakhstan
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