Commentary to article 657. Types of decisions made by the court with the participation of jurors The Criminal Procedure Code of the Republic of Kazakhstan

The trial of a criminal case in court with the participation of jurors ends with the adoption of one of the following decisions:

1) decisions on the termination of the case in the cases provided for in Article 327 of this Code;

2) acquittal in cases where the court with the participation of jurors has given a negative answer to at least one of the three main questions specified in the first part of Article 654 of this Code.;

3) a guilty verdict in accordance with the second part of Article 393 of this Code.

1. The court, based on the results of consideration of a criminal case in a court with the participation of jurors, issues a guilty or acquittal verdict.

2. The case is subject to termination in the main court proceedings if the circumstances specified in paragraphs 3) -12) of the first part of Article 35 of this Code are established, as well as if the prosecutor refuses to charge in accordance with the rules of the sixth part of Article 337 of this Code. The case may also be terminated in the main court proceedings on the grounds specified in the first part of Article 36 of this Code.

3. An acquittal is issued in cases where the court with the participation of jurors has given a negative answer to at least one of the three main questions specified in the first part of Article 566 of the CPC.

Thus, when considering a case, a court with the participation of jurors may make only three types of decisions specified in this article.

4. The grounds for termination of a criminal case when considering a criminal case with the participation of jurors are the same as when considering the case alone by a judge. In this case, if there is a reason to terminate a criminal case, the judge alone issues a decision to terminate the case.

When jurors give negative answers to the main questions (about the guilt of the person in the alleged acts, etc.), the remaining questions arising from the main questions are removed, since it makes no sense to answer them. In this case, the court, with the participation of jurors, passes a verdict with the acquittal of the defendant.

6. When passing an acquittal, the court does not provide arguments and evidence justifying the defendant in the descriptive and motivational part of the verdict, but only refers to the acquittal verdict of the jury.

The judge needs to specify the grounds for acquittal in accordance with the answers of the panel of jurors to the three main questions put to them. If the jury voted negatively on the first question about the evidence of the event (whether the act took place), the defendant must be acquitted in the absence of the crime event. If the answer to the first question is positive and the answer to the second question is negative about the evidence of involvement in the commission of a crime, the defendant is acquitted for the lack of evidence of his participation in the commission of a crime. If the answer to the first two questions is positive and the third question is negative, the defendant must be acquitted for the lack of corpus delicti in his actions.

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

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