Commentary to article 656. The procedure for holding meetings and voting in the conference room The Criminal Procedure Code of the Republic of Kazakhstan

The chairman directs the meeting of the jury, consistently puts the issues to be resolved for discussion, votes on the answers and counts the votes.

In the deliberation room, jurors have the right to receive clarifications from the presiding judge on any ambiguities they may have in connection with the questions raised.

Voting on the main issues is conducted in writing. The judge and the jury have no right to abstain from voting. The votes of the judge and the jury are equal.

The judge and the jury receive for voting a blank ballot with the stamp of the court according to the number of defendants, which contains the first question with blank boxes for the answer and the following words: "In my honor, conscience and inner conviction, my conclusion ..." Ensuring secrecy, each of them writes in the bulletin the answer to each question posed in the question sheet and subject to resolution. The answer should be an affirmative "yes" or negative "no" with a mandatory explanatory word or phrase that reveals the essence of the answer ("yes, proven", "no, not proven", "yes, guilty"; "no, not guilty"). The judge and the jurors put their ballots in the ballot box. In the same order, the jurors vote sequentially on each of the questions on the questionnaire.

After the end of voting on one of the questions raised separately, the chairman opens the ballot box and counts the votes of each ballot in the presence of the jury, and immediately writes down the result of the vote count opposite each of the three main questions indicated on the questionnaire.

The ballots with the answers of the jurors and the judge are sealed in an envelope, which is kept in the criminal case.

If the answer to the previous question precludes the need to answer the subsequent question, the presiding judge, with the consent of the majority of the jurors, enters the words "unanswered" after it.

A guilty verdict is considered accepted if the majority of the voters voted for the affirmative answers to each of the three questions specified in the first part of Article 654 of this Code.

An acquittal verdict is considered accepted if six or more voters voted for a negative answer to any of the main questions raised.

If the question of the defendant's guilt is resolved positively, the judge resolves the question of whether the act is a crime and what kind of criminal law it is provided for in (article, part, paragraph), and also explains to the jury what penalties are provided for these acts.

If, upon the affirmative answers of the jurors to the questions specified in the first part of Article 654 of this Code, the judge concludes that there are no signs of a crime in the act, and therefore it does not constitute a crime, and also establishes other circumstances provided for in Article 36 of this Code, he shall, in accordance with paragraph 1) of Article 657 of this Code issues a resolution on the termination of the criminal case.

The qualification of the defendant's act under the relevant article of the Criminal Code of the Republic of Kazakhstan is determined by a judge without the participation of a jury. Further, the judge, with the participation of jurors, decides without interruption the issues provided for in paragraphs 5) 6), 7), 8) and 14) of the first part of Article 390 of this Code, the decision on which is made by open voting. Decisions are considered adopted if the majority of those voting voted for them.

Issues stipulated by paragraphs 9), 10), 11), 12), 13), 15), 16), 17) and 18) parts one and five of Article 390 of this Code, are considered by the judge independently.

A penalty of imprisonment for a term exceeding fifteen years may be imposed if eight or more voters voted for such a decision.

An exceptional measure of punishment – the death penalty can be imposed only if there is a unanimous decision of the judge and the jury.

The question sheet with the answers of the judge and the jurors is signed by the judge and the jurors and attached to the case file.

The presiding judge in the conference room directs the jury meeting. In the deliberation room, jurors have the right to receive clarifications from the presiding judge on any ambiguities they may have in connection with the questions raised.

The presiding judge consistently puts the issues to be resolved for discussion, votes on the answers and counts the votes.

The judge hands out to the jurors for voting a blank ballot with the stamp of the court according to the number of defendants, which contains the following words: "In my honor, conscience and inner conviction, my conclusion ..." Ensuring the secrecy of voting, each of the jurors writes in the ballot the answer to each question posed in the questionnaire and subject to resolution. The answer must be an affirmative "yes" or a negative "no" with a mandatory explanatory word or phrase that reveals the essence of the answer ("yes, proven", "no, not proven", "yes, guilty"; "no, not guilty"). The judge and the jurors put their ballots in the ballot box. After the voting is over, the presiding judge opens the ballot box and counts the votes in the presence of the jurors. After the end of voting on the first of the questions posed, the presiding judge opens the ballot box and counts the votes of each ballot in the presence of the jury, and immediately writes down the result of the vote count opposite the first question indicated on the question sheet.

In the same order, the jury votes sequentially on each of the main and particular questions on the questionnaire.

If the answer to the first question precludes the need to answer the subsequent question, the presiding judge, with the consent of the majority of the jury, enters the words "unanswered" after it.

A guilty verdict is considered accepted if the majority of the voters voted in favor of affirmative answers to each of the three questions indicated from the three main questions indicated in the questionnaire, according to the first part of Article 654 of this Code.

An acquittal verdict is considered accepted if six or more voters voted for a negative answer to any of the main questions raised.

If the issue of the defendant's guilt is resolved positively, the judge resolves the question of whether the act is a crime and what kind of criminal law it is provided for in (article, part, paragraph), and the judge determines the qualification of the defendant's act under the relevant article of the Criminal Code of the Republic of Kazakhstan is determined by the judge without the participation of jurors, and also clarifies to the jurors, what penalties are provided for these acts.

7 The judge, with the participation of jurors, shall resolve the issues provided for in paragraphs 5) 6), 7), 8) and 14) the first part of Article 390 of this Code, the decision on which is made by open voting. Decisions are considered adopted if the majority of those voting voted for them.

When deciding on the type and amount of punishment, jurors should first discuss assigning the defendant the maximum sentence provided for by the sanction of the article of the Special Part of the Criminal Code, i.e. life imprisonment or the death penalty. If at least one of the jurors does not agree with such punishments, the jurors, by a majority vote, decide whether to impose another term of punishment within the scope of the sanction of the article of the Special Part of the Criminal Code.

This principle of sentencing provides that jurors, after first discussing the maximum sentence, can vote for a reduction in the sentence, that is, they consider all options for sentencing the defendant, depending on the severity and public danger of the crime committed.

The judge, without the participation of jurors, resolves issues on the application of the criminal law to the criminal act of the defendant and on the qualification of his act under the article of the Special Part of the Criminal Code, as well as issues provided for in paragraphs 9), 10), 11), 12), 13), 15), 16), 17) and 18) parts the first and the fifth part of Article 390 of this Code.

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

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