Commentary to article 625. Procedure and terms of judicial proceedings in conciliation proceedings The Criminal Procedure Code of the Republic of Kazakhstan

At the court session, after the resolution of challenges and petitions, the presiding judge announces the beginning of consideration of the procedural agreement on the admission of guilt and invites the prosecutor to state its essence.

After the prosecutor's speech, the presiding judge asks the defendant if he understands the essence of the procedural agreement and agrees with it. If necessary, the presiding judge explains to the defendant the essence of the procedural agreement, after which he invites him to inform the court of the circumstances of the conclusion of the agreement and finds out whether the procedural agreement corresponds to his expression of will and whether he supports it and whether he wants to inform the court about the case.

Having clarified the defendant's position, the presiding judge invites the defense attorney and the prosecutor to inform them of their opinion on the procedural agreement on the admission of guilt, and also clarifies whether they support the procedural agreement.

If necessary, the chairman of the court session may question the prosecutor, the defendant and his defense counsel on the issue of compliance with the procedure provided for by law for concluding a procedural agreement on the admission of guilt.

After the end of the consideration of the procedural agreement, the presiding judge finds out from the defendant how long it will take him to voluntarily execute the judicial act in terms of property penalties provided for in the agreement, while clarifying his family and financial situation. The defendant must also be given the right to provide additional information to the court. After listening to the defendant, the chairman retires to the conference room and informs the time of the announcement of the court decision.

The consideration of the case in the conciliation proceedings must be completed within the time limits provided for in the second part of Article 382 of this Code.

1. Although this article does not say, it should be borne in mind that a court hearing in the framework of conciliation proceedings under the general rules of judicial proceedings should be conducted in compliance with the preparatory part provided for by this Code when considering a case in a general manner.

After the resolution of challenges and petitions that may be filed in the preparatory part of the court session, the presiding judge announces the beginning of consideration of the procedural agreement on the admission of guilt and invites the prosecutor to state its essence.

2. After the prosecutor completes the presentation of the procedural agreement, the presiding judge asks the defendant if he understands the essence of the procedural agreement and agrees with it.

If necessary, the presiding judge explains to the defendant the essence of the procedural agreement. Bearing in mind that, according to the law, the conclusion of a procedural agreement is allowed solely on the voluntary expression of the accused's will, the presiding judge invites the defendant to inform the court of the circumstances of the agreement and finds out whether it corresponds to his will and supports it, and also finds out from the defendant whether he wants to inform the court about the case.

It should be noted that the defendant is not questioned in court about the circumstances of the crime. The court in the conciliation proceedings is guided by the principle that the defendant has the right to be heard in court, but is not obliged to testify against himself.

3. After clarifying the defendant's position, the presiding judge invites the defense attorney and the prosecutor to inform them of their opinion on the procedural agreement on the admission of guilt, and also clarifies whether they support the procedural agreement.

If necessary, in order to more clearly establish the position of the defendant, his defense counsel and the prosecutor on the circumstances of the conclusion of the procedural agreement and its content, the presiding judge at the court session may interview them, clarifying issues of compliance with the procedure provided for by law for concluding a procedural agreement on admission of guilt.

4. If the defendant, his defense counsel or the prosecutor informed the court of violations that were committed during the conclusion of the procedural agreement, or expressed their disagreement with it, and the disagreement may be unmotivated, the court decides to terminate the consideration of the case in the conciliation proceedings and sends the case to the prosecutor for its completion in the general manner.

5. In the event that the defendant, his defense counsel and the prosecutor have agreed to the procedural agreement, the presiding judge shall clarify with the defendant his family and financial situation, coordinate with him the period that he will need for the voluntary execution of the judicial act in terms of property penalties provided for in the agreement, if by the time the cases are considered in court the damage has not been compensated..

6. The defendant must once again be given the opportunity to provide additional information to the court. After listening to the defendant, if he wishes to inform the court of anything, the chairman retires to the conference room and informs the time of the announcement of the court decision.

The legislator has established restrictions related to the time limits for consideration of a case in conciliation proceedings, specifying in part six of this article that consideration of a case in conciliation proceedings must be completed within the time limits provided for in part two of Article 382 of this Code, i.e. within a period of up to 10 days, which may be extended by a reasoned judge's decision to twenty days.

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

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