Definitions of the jurisdiction of criminal cases of private prosecution
According to part 4 of Article 408 of the Criminal Procedure Code of the Republic of Kazakhstan (CPC), a complaint is filed with a court based on the territorial principle of jurisdiction. The exception is cases of minors, whose representatives have the right to petition the court to transfer the case to the jurisdiction of a specialized inter-district juvenile court. Changing the jurisdiction of a case without the consent of the parties is unacceptable. So, by the decision of the judge of the Petropavlovsk City Court of the North Kazakhstan region dated November 03, 2015, the complaint of the private prosecution Zh. about attracting K. She was transferred to criminal responsibility under the jurisdiction of court No. 2 of the Kazybekbiysky district of Karaganda under territorial jurisdiction. The court stated that since K., while in Karaganda, in a telephone conversation with Sh., who was in Petropavlovsk, insulted the honor and dignity of Zh., the place of commission of the offense is Karaganda. By the decision of the Appellate Judicial Board for Criminal Cases of the North Kazakhstan Regional Court dated December 22, 2015, the decision of the Petropavlovsk City Court dated November 03, 2015 was canceled, the case was sent to the Petropavlovsk City Court for a decision in accordance with Article 409 of the CPC.
Definitions of the jurisdiction of criminal cases of private prosecution
By the decision of the judge of the Petropavlovsk City Court dated January 11, 2016, the complaint of the private prosecution Zh. The criminal prosecution of K. was again referred by jurisdiction to court No. 2 of the Kazybekbi district of Karaganda, since the court of first instance indicates Karaganda as the place of commission of the criminal offense, from where Zh. had a telephone conversation on a mobile phone with Sh., who was in Petropavlovsk. By the decision of the Judicial Board for Criminal Cases of the North Kazakhstan Regional Court of February 18, 2016, this court decision of January 11, 2016 was canceled, the complaint was sent to the Petropavlovsk City Court for a decision in accordance with Article 409 of the CPC. In offenses with the so-called formal composition (which includes the act provided for in article 131 of the Criminal Code of the Republic of Kazakhstan), the act is considered completed from the moment the socially dangerous actions specified in the law are committed. Thus, an insult is a completed offense from the moment of humiliation of the honor and dignity of another person, expressed in an indecent form. This category of cases in the field of informatization and communications, also committed using information and communication networks, is considered according to the general territorial principle of jurisdiction of criminal cases provided for in article 314 of the new CPC, that is, at the place of commission of the crime or at the place of completion of the investigation. If the criminal offense was committed outside the Republic of Kazakhstan or the place of commission of the criminal offense cannot be determined, or if the criminal offenses were committed in different places, the case is considered by the court at the place of completion of the investigation. The place where the investigation of private prosecution cases ends is the place where the complaint of the private prosecution is filed. In this connection, the court had to determine the jurisdiction at the place where K. committed the criminal offense.
Attention!
Law and Law Law Law draws your attention to the fact that this document is basic and does not always meet the requirements of a particular situation. Our lawyers are ready to assist you in legal advice, drawing up any legal document suitable for your situation.
For more information, please contact a Lawyer / Attorney by phone: +7 (708) 971-78-58; +7 (700) 978 5755, +7 (700) 978 5085.
Attorney at Law Almaty Lawyer Legal Services Legal Advice Civil Criminal Administrative Cases Disputes Protection Arbitration Law Firm Kazakhstan Law Office Court Cases
