Commentary to article 629. The structure and content of the procedural agreement concluded in court The Criminal Procedure Code of the Republic of Kazakhstan
The procedural agreement concluded in court, in form and content, must comply with the requirements of paragraphs 1), 2), 3), 4), 5), 6), 7) and 8) the first part of Article 616 of this Code.
See: Commentary to article 616 of the CPC.
If the defendant is accused of committing crimes in aggregate, the agreement specifies the type and amount of punishment for each crime, as well as the type and amount of the final punishment.
If the defendant is sentenced based on the totality of the sentences, the agreement also specifies the type and amount of the final punishment.
The agreement is considered concluded after it is signed by the prosecutor, the defendant and his defense counsel.
The prosecutor submits the signed agreement to the court and requests that the case be resolved in the framework of the conciliation proceedings.
The procedural agreement concluded in court, in form and content, must comply with the requirements of paragraphs 1), 2), 3), 4), 5), 6), 7) and 8) the first part of Article 616 of this Code.
See: comment to the above article.
According to paragraph 8) of the first part of Article 616 of the CPC, one of the mandatory points that must be stipulated in the procedural agreement is the type and amount of punishment that the prosecutor will apply for before the court. In this regard, the procedural agreement should specify the type and amount of punishment for each crime that the defendant is collectively accused of committing. according to the rules of art. The Criminal Code, after determining the punishment for each crime individually, the court appoints the final punishment for the totality of crimes. In this regard, the procedural agreement should specify the type and amount of punishment that the prosecutor will propose to the court to determine the final punishment.
A procedural agreement may also be concluded with persons who have previous convictions and have not served their sentences under a previous sentence. In such cases, the procedural agreement should specify the penalty that the prosecutor will propose to impose based on the totality of the sentences.
A written form of the procedural agreement and its signing by all parties to the agreement, i.e. the prosecutor, the defendant and his defense counsel, is a mandatory requirement, and in the case of a procedural agreement with a minor defendant, it is signed by his legal representative.
The signed agreement is submitted to the court and serves as the basis for changing the general procedure for considering the case in the main trial to its consideration in the conciliation proceedings in accordance with the norms of Chapter 64 of the CPC.
Commentary to the Criminal Procedure Code of the Republic of Kazakhstan from the Supreme Court of the Republic of Kazakhstan
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