On judicial practice in cases of criminal offenses of minors and their involvement in the commission of criminal offenses and other antisocial actions

Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan dated April 11, 2002 No. 6.

      The footnote. The title is in the wording of the regulatory resolution of the Supreme Court of the Republic of Kazakhstan dated 04/20/2018 No. 8 (effective from the date of the first official publication).

     The footnote. Throughout the text:

     The words "crimes" are replaced by the words "criminal offenses";

     The words "preliminary" and "arrest" have been replaced by the words "pre-trial" and "detention", respectively;

      The words "into criminal or other antisocial activity" have been replaced by the words "into committing criminal offenses or other antisocial acts" in accordance with the regulatory resolution of the Supreme Court of the Republic of Kazakhstan dated 04/20/2018 No. 8 (effective from the date of the first official publication).

     Having discussed the results of the generalization of judicial practice in cases of juvenile delinquency and their involvement in the commission of criminal offenses and other antisocial acts, in order to ensure the correct and uniform application of the criminal and criminal procedure legislation of the Republic of Kazakhstan regulating the responsibility of minors and the procedure for judicial proceedings against them, the plenary session decides:

     The footnote. The preamble as amended by the regulatory resolution of the Supreme Court of the Republic of Kazakhstan dated 04/20/2018 No. 8 (effective from the date of the first official publication).

To draw the attention of the courts to the need to strictly observe the procedure for judicial proceedings in juvenile matters established by law, and to consider cases of this category in a timely and high-quality manner.

The age at which criminal responsibility for committing criminal offenses begins is established by article 15 of the Criminal Code of the Republic of Kazakhstan (hereinafter referred to as the Criminal Code). In juvenile matters, the body conducting the criminal proceedings is obliged to take measures to establish the exact date of birth (date, month, year of birth) of the person being prosecuted. In this case, a person is considered to have reached a certain age not on his birthday, but starting from the next day.

      In the absence of documents confirming the age or if there are doubts about the authenticity of these documents, it is necessary, in accordance with paragraph 3) of the first part of Article 271 of the Criminal Procedure Code of the Republic of Kazakhstan (hereinafter referred to as the CPC), to appoint an expert examination. In such cases, the birthday is considered to be the last day of the year, which is named by experts. When experts determine the age by the minimum and maximum number of years (for example, from 14 to 15 years), it is necessary to proceed from the minimum age proposed by the expert examination.

     The footnote. Paragraph 2 as amended by the regulatory resolution of the Supreme Court of the Republic of Kazakhstan dated 04/20/2018 No. 8 (effective from the date of the first official publication).

For the correct resolution of the issues of bringing a minor to criminal responsibility and sentencing him, it is essential to establish the circumstances provided for in articles 113 and 531 of the CPC. It is also necessary to clarify the individual and personal characteristics of a minor such as suggestibility, excitability, dependence, a tendency to bravado, leadership, fantasy, and others. To this end, it is necessary to interrogate persons who are raising a minor and other persons, to demand official documents concerning his health and intellectual development, as well as to examine personal documents belonging to him (diaries, notes, letters, audio recordings, etc.) to demand a pre-trial report in the case of pre-trial probation in the case.

     The footnote. Paragraph 3 as amended by regulatory rulings of the Supreme Court of the Republic of Kazakhstan dated 04/20/2018 No. 8 (effective from the date of the first official publication); dated 12/11/2020 No. 6 (effective from the date of the first official publication).

If there is information that gives grounds to assume that a minor is mentally retarded, it is mandatory to appoint a comprehensive psychological and psychiatric examination to determine the level of his mental development.

      If, at the same time, it is established that the minor, due to mental retardation unrelated to a mental disorder, could not fully realize the actual nature and social danger of his act or direct it at the time of the commission of the criminal offense, he is not subject to criminal liability in accordance with the provisions of part three of Article 15 of the Criminal Code.

     The footnote. Paragraph 4 as amended by the regulatory resolution of the Supreme Court of the Republic of Kazakhstan dated 04/20/2018 No. 8 (effective from the date of the first official publication).

According to paragraph 2) of the first part of Article 67 and paragraph 3) of the second part of Article 542 of the CPC, the participation of a defender in cases of juvenile criminal offenses is mandatory at all stages of the proceedings, starting from the moment of detention or detention of a minor, or from the moment of the first interrogation as a suspect or accused. The body conducting the criminal proceedings should not accept the refusal of a minor from a defender, regardless of the reasons for such refusal.

      If the suspect, accused, or defendant has reached the age of majority by the time of the investigation or consideration of the case in court, the body conducting the criminal process has the right to accept his refusal from the defense attorney in strict compliance with the requirements of article 69 of the CPC.

      The body conducting criminal proceedings, in accordance with the requirements of paragraph 3 of Article 13 of the Constitution of the Republic of Kazakhstan and Article 27 of the CPC, must in all cases ensure the right of a minor suspect, accused, or defendant to receive qualified legal assistance.

     The footnote. Paragraph 5 as amended by the regulatory resolution of the Supreme Court of the Republic of Kazakhstan dated 04/20/2018 No. 8 (effective from the date of the first official publication).

Having established that during the pre-trial investigation the right of a minor suspect or accused to defense was violated, the courts should be guided by articles 9, 112, 125 of the CPC when assessing evidence collected in violation of the legality and principles of judicial procedure and, if there are grounds provided by law, recognize the relevant case materials as inadmissible as evidence.

      Failure to comply with the requirements of the law on the mandatory participation of a juvenile defender in a court hearing by virtue of paragraph 4) of the third part of Article 436 of the CPC should be considered as a significant violation of the criminal procedure law, resulting in the cancellation of the sentence.

     The footnote. Paragraph 6 as amended by the regulatory resolution of the Supreme Court of the Republic of Kazakhstan dated 04/20/2018 No. 8 (effective from the date of the first official publication).

The participation of a defense lawyer in the case does not exempt the pre-trial investigation authorities and the court from the obligation to involve the legal representative of a minor suspect, accused, or defendant in the case.

      The legal representatives of minors can only be the persons listed in paragraph 13) of Article 7 of the CPC.

      If a minor has no parents and lives alone or with the person who supported him, but was not properly appointed as his guardian or trustee, then in accordance with the first part of Article 537 of the CPC, representatives of the guardianship and guardianship authority must be involved in the case.

     The footnote. Paragraph 7 as amended by the regulatory resolution of the Supreme Court of the Republic of Kazakhstan dated 04/20/2018 No. 8 (effective from the date of the first official publication).

A legal representative or a representative of the guardianship and guardianship authority must be allowed to participate in the case from the moment of the first interrogation of the minor as a suspect, about which the investigator issues a resolution explaining the rights provided for in part three of Article 537 of the CPC.

      The facts of kinship, guardianship, and dependent status must be confirmed in accordance with the procedure established by law.

     The body conducting the criminal proceedings has the right to involve a legal representative in order to exercise their procedural rights to participate in all procedural actions involving a minor suspect.

      The legal representative is present in the courtroom during the entire trial. His rights provided for in the third part of Article 537, paragraph 2) In the second part of Article 542 of the CPC, the court is obliged to clarify in the preparatory part of the main trial.

     The footnote. Paragraph 8 as amended by the regulatory resolution of the Supreme Court of the Republic of Kazakhstan dated 04/20/2018 No. 8 (effective from the date of the first official publication).

When one of the legal representatives of a minor suspect, accused, or defendant performs the functions of a defender, the body conducting the criminal process must involve his other legal representative in the case, and in the absence of such, ensure the mandatory participation of a representative of the guardianship and guardianship authority.

The body conducting the criminal proceedings should bear in mind that from the moment a person reaches the age of majority, the function of a legal representative is terminated, about which the body of criminal prosecution issues a resolution, and the court makes a corresponding entry in the protocol of the main trial. In this case, persons who previously acted as legal representatives may, with their consent, be questioned as witnesses on the psychological characteristics of the individual, as well as the living conditions and upbringing of the minor.

The footnote. Paragraph 10 as amended by the regulatory resolution of the Supreme Court of the Republic of Kazakhstan dated 04/20/2018 No. 8 (effective from the date of the first official publication).

Based on the specific circumstances of the case and data on the living conditions of a minor, placing him under the supervision of parents, guardians, guardians or other trustworthy persons, as well as an organization that performs the functions of protecting the rights of the child in accordance with the law, should be widely used as a preventive measure. However, it must be borne in mind that the transfer of a minor under the supervision of parents and other persons is possible only upon their written request.

      If a minor accused cannot be left in his former place of residence due to the conditions of life and upbringing, then in accordance with article 540 of the CPC, he may be placed in an organization that performs the functions of protecting the rights of the child in accordance with the law, or placed under patronage, by order of the body conducting the criminal procedure.

     The footnote. Paragraph 11 as amended by the regulatory resolution of the Supreme Court of the Republic of Kazakhstan dated 04/20/2018 No. 8 (effective from the date of the first official publication).

When deciding on the possibility of appointing the main trial in cases of juvenile criminal offenses, the courts, along with the issues listed in article 320 of the CPC, should carefully check the validity of the detention of a minor, bearing in mind that such a preventive measure can be chosen only in exceptional cases, when committing a grave or especially grave crime. if there are grounds specified in Article 147 of the CPC.

      At the same time, by virtue of the fourth part of Article 541 of the CPC, the period of detention of a minor at the stage of a pre-trial investigation, established by article 151 of the CPC, may not exceed six months.

     In case of non-compliance by the pre-trial investigation authorities with the above requirements and unjustified detention of a minor, the court is obliged to change or cancel this measure of restraint.

     The footnote. Paragraph 12 as amended by the regulatory resolution of the Supreme Court of the Republic of Kazakhstan dated 04/20/2018 No. 8 (effective from the date of the first official publication).

When examining evidence in a case, including the testimony of a minor suspect or accused given by him during a pre-trial investigation, the courts should check whether the requirements of articles 534 and 535 of the CPC were fulfilled, obliging them to summon a minor for investigative actions through legal representatives, in their absence through the guardianship and guardianship authorities or the administration of places of his detention. and to interrogate him during the daytime, the duration of which may not exceed two hours without interruption and more than four hours a day., in the mandatory presence of a defender, legal representatives, in their absence through the guardianship and guardianship authorities or the administration of his places of detention, and, if necessary, a psychologist and teacher.

     Failure to comply with these legal requirements, as well as questioning a minor as a witness, if there are sufficient grounds to suspect him of committing a criminal offense or to charge him, may result in the recognition of the minor's testimony as inadmissible evidence.

      The body conducting the criminal proceedings must explain to the teachers and psychologists involved in the case the rights and duties of a specialist provided for in article 80 of the CPC, since they are also specialists in this case.

     The footnote. Paragraph 13 as amended by the regulatory resolution of the Supreme Court of the Republic of Kazakhstan dated 04/20/2018 No. 8 (effective from the date of the first official publication).

Courts should not allow cases of criminal punishment to be applied to minors who have committed criminal offenses that do not pose a great public danger, if their correction and re-education can be achieved through the use of compulsory educational measures provided for in article 84 of the Criminal Code.

      By virtue of the second part of Article 83 of the Criminal Code, exemption from punishment with the use of compulsory educational measures is possible if there are two combined grounds.:

     convicted for the first time of a criminal offense or a crime of minor or moderate severity;

     its correction can be achieved through the use of compulsory educational measures.

     The footnote. Paragraph 14 as amended by the regulatory resolution of the Supreme Court of the Republic of Kazakhstan dated 04/20/2018 No. 8 (effective from the date of the first official publication).

In the cases provided for in article 83 of the Criminal Code, the court, in accordance with article 545 of the CPC, decides a guilty verdict with the release of the minor from criminal liability and with the application of compulsory educational measures specified in article 84 of the Criminal Code for the period specified in article 85 of the Criminal Code.

      The release of a minor from criminal liability with the use of compulsory educational measures is possible by issuing a court order in the cases provided for in parts one and three of Article 83 of the Criminal Code.

      Compulsory measures of educational influence in the form of transfer under the supervision of parents or persons replacing them, or a specialized state body, as well as in the form of restrictions on leisure time and the establishment of special requirements for behavior, may be applied to a minor during the period necessary, in the opinion of the court, for his correction or re-education, or until he reaches the age of eighteen, which should be indicated in the verdict.

     The footnote. Paragraph 15 as amended by the regulatory resolution of the Supreme Court of the Republic of Kazakhstan dated 11.12.2020 No. 6 (effective from the date of the first official publication).

To clarify that the law does not provide for the possibility of replacing educational measures with criminal penalties under any circumstances, including when a minor evades them or commits a new criminal offense during the period of application of compulsory educational measures.

      Minors who have been subjected to educational measures are recognized as having no criminal record in accordance with the second part of Article 79 of the Criminal Code.

     The footnote. Paragraph 16 as amended by the regulatory resolution of the Supreme Court of the Republic of Kazakhstan dated 04/20/2018 No. 8 (effective from the date of the first official publication).

      16-1. The courts should take into account that, in accordance with the second part of Article 68 of the Criminal Code, a minor who has committed a serious crime for the first time that is not related to causing death or serious harm to human health, if he has reconciled with the victim, the applicant, including through mediation and has made amends for the harm caused to the victim, may be released from criminal liability with the use of compulsory educational measures provided for in Article 84 of the Criminal Code.

      If a minor is released from criminal liability on the basis of the first part of Article 68 of the Criminal Code, compulsory educational measures are not applied to him.

     The footnote. The Resolution was supplemented by paragraph 16-1 in accordance with the regulatory resolution of the Supreme Court of the Republic of Kazakhstan dated 04/21/2011 No. 1 (effective from the date of official publication); as amended by regulatory resolutions of the Supreme Court of the Republic of Kazakhstan dated 04/20/2018 No. 8 (effective from the date of the first official publication); dated 12/11/2020 No. 6 (effective from the date of the first official publication).

When sentencing minors, courts are required, in addition to the circumstances specified in article 52 of the Criminal Code, to take into account the conditions of their life and upbringing (an unfavorable family situation, rude, sometimes cruel treatment of minors by parents, close relatives, etc.), the level of mental development, personality traits (presence of mental disorder, imbalance, short temper, etc.), motives for committing criminal offenses (childish mischief, "for company", envy, vindictiveness, etc.), the influence of older persons on a minor.

      The courts should bear in mind that, by virtue of article 53 of the Criminal Code, the minor of the perpetrator is a circumstance mitigating criminal liability and punishment.

     The footnote. Paragraph 17 as amended by the regulatory resolution of the Supreme Court of the Republic of Kazakhstan dated 04/20/2018 No. 8 (effective from the date of the first official publication).

When sentencing a minor, the courts must resolve the issues listed in articles 390 and 544 of the CPC.

      At the same time, the court may decide to impose a custodial sentence on a minor only when his correction and re-education are impossible without isolation from society, indicating in the verdict the reasons for the decision.

     It is necessary to prevent the unjustified imposition of long-term imprisonment on minors.

     The footnote. Paragraph 18 as amended by the regulatory resolution of the Supreme Court of the Republic of Kazakhstan dated 04/20/2018 No. 8 (effective from the date of the first official publication).

If a minor is sentenced to imprisonment, taking into account the rules provided for in parts two and three of Article 56 of the Criminal Code, then half and three quarters of the term or amount of the most severe type of punishment should be calculated from 10 or 12 years of imprisonment, respectively, which could be imposed on a minor for a completed criminal offense.

     The footnote. Paragraph 19 as amended by the regulatory resolution of the Supreme Court of the Republic of Kazakhstan dated 04/20/2018 No. 8 (effective from the date of the first official publication).

The footnote. Paragraph 19 as amended by the regulatory resolution of the Supreme Court of the Republic of Kazakhstan dated 04/20/2018 No. 8 (effective from the date of the first official publication).

      19-1. Courts should keep in mind that, in accordance with the third part of Article 63 of the Criminal Code, the application of a suspended sentence to minors is also possible if they re-commit a crime of minor or moderate severity during probation control with a suspended sentence for a previous criminal offense. In case of conditional conviction of a minor, probation control is assigned in the reduced amounts established by law: from six months to one year.

     The footnote. The Resolution was supplemented by paragraph 19-1 in accordance with the regulatory resolution of the Supreme Court of the Republic of Kazakhstan dated 04/21/2011 No. 1 (effective from the date of official publication); as amended by the regulatory resolution of the Supreme Court of the Republic of Kazakhstan dated 04/20/2018 No. 8 (effective from the date of the first official publication).

If a person commits several criminal offenses, some of which were committed before the age of 18, and others at the age of majority, the court, when imposing punishment for a set of criminal offenses, must first impose punishment for criminal offenses committed under the age of eighteen, taking into account the requirements of Article 81 of the Criminal Code, and then for criminal offenses, committed after reaching the age of majority and final punishment - according to the rules of Article 58 of the Criminal Code.

     The footnote. Paragraph 20 as amended by the regulatory resolution of the Supreme Court of the Republic of Kazakhstan dated 04/20/2018 No. 8 (effective from the date of the first official publication).

Based on the content of the first part of Article 81 of the Criminal Code, additional punishment in the form of confiscation of property cannot be applied to persons who have committed a criminal offense under the age of a minor.

      If the sanction of the article of the special part of the Criminal Code provides for the confiscation of property as a mandatory additional punishment, the courts should motivate its non-application in the verdict with reference to Article 81 of the Criminal Code.

     The footnote. Paragraph 21 as amended by the regulatory resolution of the Supreme Court of the Republic of Kazakhstan dated 04/20/2018 No. 8 (effective from the date of the first official publication).

To clarify that, in accordance with the third part of Article 14 of the Criminal Code, previous convictions for criminal offenses committed as minors are not taken into account when recognizing recidivism and dangerous recidivism.

     The footnote. Paragraph 22 as amended by the normative resolution of the Supreme Court of the Republic of Kazakhstan dated 12/25/2006 No. 12; as amended by the normative resolutions of the Supreme Court of the Republic of Kazakhstan dated 04/21/2011 No. 1 (effective from the date of official publication); dated 04/20/2018 No. 8 (effective from the date of the first official publication).

When investigating and considering cases of involvement of a minor in the commission of criminal offenses or in the commission of antisocial acts, it must be borne in mind that these criminal offenses are committed only with direct intent.

     At the same time, it should be assumed that criminal liability occurs provided that the perpetrator reliably knew about the minor age of the person involved.

     The footnote. Paragraph 23 as amended by the regulatory resolution of the Supreme Court of the Republic of Kazakhstan dated 04/20/2018 No. 8 (effective from the date of the first official publication).

The involvement of a minor in the commission of criminal offenses should be understood as the purposeful actions of the person involved to form the minor's desire (intention, aspiration) and willingness to participate in the commission of criminal offenses. At the same time, the actions of an adult should be active and may be accompanied by the use of mental or physical influence (beatings, persuasion, threats and intimidation, bribery, deception, arousing feelings of revenge, envy and other base motives, assurances of impunity, giving advice on the place and method of committing or concealing traces of criminal offenses, the promise of payment for the committed actions or assistance in the realization of the stolen and others).

      Pre-trial investigation authorities and courts are required to indicate which specific actions were committed by an adult in order to involve a minor in committing criminal offenses or other antisocial acts.

     By itself, an adult's suggestion to commit a criminal offense made to a minor, without exerting mental or physical influence on him, cannot be regarded as involving a minor in the commission of criminal offenses.

     The footnote. Paragraph 24 as amended by the regulatory resolution of the Supreme Court of the Republic of Kazakhstan dated 04/20/2018 No. 8 (effective from the date of the first official publication).

Criminal offenses provided for in Articles 132, 133, 134 and 144 of the Criminal Code are considered completed from the moment a minor is induced to commit a criminal offense or other antisocial acts, as well as prostitution, the manufacture of erotic products, when under the influence of an adult he has the intention to commit them.

     The footnote. Paragraph 25 as amended by the regulatory resolution of the Supreme Court of the Republic of Kazakhstan dated 04/20/2018 No. 8 (effective from the date of the first official publication).

Violence involving a minor in the commission of criminal offenses or other antisocial acts provided for in part three of Article 132, part three of Article 133 and part two of Article 134 of the Criminal Code should be understood as beatings, other violent acts involving physical pain, causing minor or moderate harm to the health of a minor.

     If the involvement of a minor in the commission of criminal offenses or other antisocial actions was associated with causing serious harm to his health or other actions that form an independent part of a criminal offense, the act should be classified according to the totality of criminal offenses.

     The footnote. Paragraph 26 as amended by the regulatory resolution of the Supreme Court of the Republic of Kazakhstan dated 04/20/2018 No. 8 (effective from the date of the first official publication).

To clarify that the actions of an adult who has involved a minor in the commission of a criminal offense and participated in it are subject to qualification according to a set of articles of the Criminal Code, which provide for liability both for committing a specific criminal offense in complicity with a teenager and for involving him in the commission of criminal offenses. At the same time, a criminal offense committed jointly with a person who has not reached the age from which criminal responsibility begins cannot be qualified as committed by a group of persons. In such cases, in accordance with the second part of Article 28 of the Criminal Code, an adult who has involved a minor in the commission of criminal offenses should be recognized as the perpetrator of a criminal offense.

     The footnote. Paragraph 27 as amended by the regulatory resolution of the Supreme Court of the Republic of Kazakhstan dated 04/20/2018 No. 8 (effective from the date of the first official publication).

When considering a civil claim in a criminal case, the courts should proceed from the fact that, by virtue of Article 926 of the Civil Code of the Republic of Kazakhstan (hereinafter referred to as the Civil Code), minors aged 14 to 18 years are independently responsible for the harm caused (including moral harm) on general grounds.

      In cases where a minor between the ages of 14 and 18 does not have income or other property sufficient to compensate for the damage, the damage must be compensated in full or in part by his legal representatives, unless they prove that the damage was not their fault.

      The obligation of legal representatives and the relevant institution to compensate for damage caused by minors ceases when the person who caused the damage reaches the age of eighteen, or in cases when he or she has income or other property sufficient to compensate before reaching adulthood, or when he or she has acquired legal capacity before reaching adulthood (paragraph 2 of Article 17, Article 22-1 of the Civil Code).

      If the damage was the result of joint criminal offenses of several persons, then convicted persons, both adults and minors, if they have sufficient earnings and property, are jointly and severally liable in accordance with Article 932 of the Civil Code. By virtue of the second part of this article of the Civil Code, the court may, at the request of the victim and in his interests, impose shared responsibility on persons who jointly caused harm.

     Citizens and organizations involved in cases stipulated by law as defendants, for damage caused by juvenile convicts, compensate it in shares.

     The footnote. Paragraph 28 as amended by the regulatory resolution of the Supreme Court of the Republic of Kazakhstan dated 04/20/2018 No. 8 (effective from the date of the first official publication).

To draw the attention of the courts to the fact that articles 80, 81, 86 of the Criminal Code establish reduced terms of serving a sentence for a possible solution to the issue of parole of a minor.

      If a person is convicted of committing a criminal offense before the age of eighteen, and the conditions for his early release come after he reaches the age of eighteen, the rules of articles 80, 86 of the Criminal Code apply to resolve this issue.

     The footnote. Paragraph 29 as amended by the regulatory resolution of the Supreme Court of the Republic of Kazakhstan dated 04/20/2018 No. 8 (effective from the date of the first official publication).

The footnote. Paragraph 20 as amended by the regulatory resolution of the Supreme Court of the Republic of Kazakhstan dated 04/20/2018 No. 8 (effective from the date of the first official publication).

Based on the content of the first part of Article 81 of the Criminal Code, additional punishment in the form of confiscation of property cannot be applied to persons who have committed a criminal offense under the age of a minor.

      If the sanction of the article of the special part of the Criminal Code provides for the confiscation of property as a mandatory additional punishment, the courts should motivate its non-application in the verdict with reference to Article 81 of the Criminal Code.

     The footnote. Paragraph 21 as amended by the regulatory resolution of the Supreme Court of the Republic of Kazakhstan dated 04/20/2018 No. 8 (effective from the date of the first official publication).

To clarify that, in accordance with the third part of Article 14 of the Criminal Code, previous convictions for criminal offenses committed as minors are not taken into account when recognizing recidivism and dangerous recidivism.

     The footnote. Paragraph 22 as amended by the normative resolution of the Supreme Court of the Republic of Kazakhstan dated 12/25/2006 No. 12; as amended by the normative resolutions of the Supreme Court of the Republic of Kazakhstan dated 04/21/2011 No. 1 (effective from the date of official publication); dated 04/20/2018 No. 8 (effective from the date of the first official publication).

When investigating and considering cases of involvement of a minor in the commission of criminal offenses or in the commission of antisocial acts, it must be borne in mind that these criminal offenses are committed only with direct intent.

     At the same time, it should be assumed that criminal liability occurs provided that the perpetrator reliably knew about the minor age of the person involved.

     The footnote. Paragraph 23 as amended by the regulatory resolution of the Supreme Court of the Republic of Kazakhstan dated 04/20/2018 No. 8 (effective from the date of the first official publication).

The involvement of a minor in the commission of criminal offenses should be understood as the purposeful actions of the person involved to form the minor's desire (intention, aspiration) and willingness to participate in the commission of criminal offenses. At the same time, the actions of an adult should be active and may be accompanied by the use of mental or physical influence (beatings, persuasion, threats and intimidation, bribery, deception, arousing feelings of revenge, envy and other base motives, assurances of impunity, giving advice on the place and method of committing or concealing traces of criminal offenses, the promise of payment for the committed actions or assistance in the implementation of stolen goods and others).

      Pre-trial investigation authorities and courts are required to indicate which specific actions were committed by an adult in order to involve a minor in committing criminal offenses or other antisocial acts.

     By itself, an adult's suggestion to commit a criminal offense made to a minor, without exerting mental or physical influence on him, cannot be regarded as involving a minor in the commission of criminal offenses.

     The footnote. Paragraph 24 as amended by the regulatory resolution of the Supreme Court of the Republic of Kazakhstan dated 04/20/2018 No. 8 (effective from the date of the first official publication).

Criminal offenses provided for in Articles 132, 133, 134 and 144 of the Criminal Code are considered completed from the moment a minor is induced to commit a criminal offense or other antisocial acts, as well as prostitution, the manufacture of erotic products, when under the influence of an adult he has the intention to commit them.

     The footnote. Paragraph 25 as amended by the regulatory resolution of the Supreme Court of the Republic of Kazakhstan dated 04/20/2018 No. 8 (effective from the date of the first official publication).

Violence involving a minor in the commission of criminal offenses or other antisocial acts provided for in part three of Article 132, part three of Article 133 and part two of Article 134 of the Criminal Code should be understood as beatings, other violent acts involving physical pain, causing minor or moderate harm to the health of a minor.

     If the involvement of a minor in the commission of criminal offenses or other antisocial actions was associated with causing serious harm to his health or other actions that form an independent part of a criminal offense, the act should be classified according to the totality of criminal offenses.

     The footnote. Paragraph 26 as amended by the regulatory resolution of the Supreme Court of the Republic of Kazakhstan dated 04/20/2018 No. 8 (effective from the date of the first official publication).

To clarify that the actions of an adult who has involved a minor in the commission of a criminal offense and participated in it are subject to qualification according to a set of articles of the Criminal Code, which provide for liability both for committing a specific criminal offense in complicity with a teenager and for involving him in the commission of criminal offenses. At the same time, a criminal offense committed jointly with a person who has not reached the age from which criminal responsibility begins cannot be qualified as committed by a group of persons. In such cases, in accordance with the second part of Article 28 of the Criminal Code, an adult who has involved a minor in the commission of criminal offenses should be recognized as the perpetrator of a criminal offense.

     The footnote. Paragraph 27 as amended by the regulatory resolution of the Supreme Court of the Republic of Kazakhstan dated 04/20/2018 No. 8 (effective from the date of the first official publication).

When considering a civil claim in a criminal case, the courts should proceed from the fact that, by virtue of Article 926 of the Civil Code of the Republic of Kazakhstan (hereinafter referred to as the Civil Code), minors aged 14 to 18 years are independently responsible for the harm caused (including moral harm) on general grounds.

      In cases where a minor between the ages of 14 and 18 does not have income or other property sufficient to compensate for the damage, the damage must be compensated in full or in part by his legal representatives, unless they prove that the damage was not their fault.

      The obligation of legal representatives and the relevant institution to compensate for damage caused by minors ceases when the person who caused the damage reaches the age of eighteen, or in cases when he or she has income or other property sufficient to compensate before reaching adulthood, or when he or she has acquired legal capacity before reaching adulthood (paragraph 2 of Article 17, Article 22-1 of the Civil Code).

      If the damage was the result of joint criminal offenses of several persons, then convicted persons, both adults and minors, if they have sufficient earnings and property, are jointly and severally liable in accordance with Article 932 of the Civil Code. By virtue of the second part of this article of the Civil Code, the court may, at the request of the victim and in his interests, impose shared responsibility on persons who jointly caused harm.

     Citizens and organizations involved in cases stipulated by law as defendants, for damage caused by juvenile convicts, compensate it in shares.

     The footnote. Paragraph 28 as amended by the regulatory resolution of the Supreme Court of the Republic of Kazakhstan dated 04/20/2018 No. 8 (effective from the date of the first official publication).

To draw the attention of the courts to the fact that articles 80, 81, 86 of the Criminal Code establish reduced terms of serving a sentence for a possible solution to the issue of parole of a minor.

      If a person is convicted of committing a criminal offense before the age of eighteen, and the conditions for his early release come after he reaches the age of eighteen, the rules of articles 80, 86 of the Criminal Code apply to resolve this issue.

     The footnote. Paragraph 29 as amended by the regulatory resolution of the Supreme Court of the Republic of Kazakhstan dated 04/20/2018 No. 8 (effective from the date of the first official publication).

It should be borne in mind that the limitation periods for criminal prosecution and the limitation period for the execution of a conviction against minors, by virtue of article 88 of the Criminal Code, are half of the time limits provided for in articles 71 and 77 of the Criminal Code for adults, regardless of whether the accused, convicted at the time of criminal prosecution or at the time of execution of the sentence coming of age.

     The footnote. Paragraph 30 as amended by the regulatory resolution of the Supreme Court of the Republic of Kazakhstan dated 04/20/2018 No. 8 (effective from the date of the first official publication).

The courts must consistently comply with the requirements of Article 405 of the CPC, identify the causes and conditions that contributed to the commission of criminal offenses by adolescents in each case, respond to shortcomings and omissions in their upbringing, in the exercise by administrative authorities and officials of control over the behavior of juvenile offenders, as well as violations of the rule of law committed during legal proceedings, and make private judgments on such facts. resolutions.

   The footnote. Paragraph 31 as amended by the regulatory resolution of the Supreme Court of the Republic of Kazakhstan dated 04/20/2018 No. 8 (effective from the date of the first official publication).

      31-1. The jurisdiction of criminal cases to the specialized inter-district juvenile court is established by article 307 of the CPC.

      A criminal case against a person who has committed a criminal offense under the age of a minor, regardless of whether he has reached the age of majority during the court proceedings, is under the jurisdiction of a specialized juvenile court (with the exception of cases referred to the jurisdiction of a specialized interdistrict criminal court, a specialized interdistrict military criminal court and a garrison military court). In this case, proceedings in court against defendants who have reached the age of majority, in accordance with the first part of Article 530 of the CPC, are conducted according to the general rules of procedure, and not according to the norms of Chapter 56 of the CPC.

     The footnote. The regulatory resolution was supplemented by paragraph 31-1 in accordance with the regulatory resolution of the Supreme Court of the Republic of Kazakhstan dated 04/20/2018 No. 8 (effective from the date of the first official publication); as amended by the regulatory resolution of the Supreme Court of the Republic of Kazakhstan dated 12/11/2020 No. 6 (effective from the date of the first official publication).

To recommend that the courts consider cases of juvenile delinquency by assigning the most experienced qualified judges, if necessary, to resolve issues of separating the case against a minor into separate proceedings and limiting the publicity of the trial; in case of a suspended sentence and non-custodial punishment or the use of coercive measures of educational influence, send messages about this to a specialized state body with the task of monitoring the behavior of a convicted person.

     The footnote. Paragraph 32 as amended by the regulatory resolution of the Supreme Court of the Republic of Kazakhstan dated 04/20/2018 No. 8 (effective from the date of the first official publication).

When considering appeals and petitions for review of judicial acts that have entered into force, courts should carefully check the circumstances of the case in order to avoid unjustified conviction or misqualification of minors, pay special attention to the proportionality and fairness of the punishment imposed on them, respond to each case of violation of the law and take measures to eliminate errors in a timely manner..

     The footnote. Paragraph 33 as amended by regulatory rulings of the Supreme Court of the Republic of Kazakhstan dated 04/21/2011 No. 1 (effective from the date of official publication); dated 04/20/2018 No. 8 (effective from the date of the first official publication).

To clarify that, within the meaning of part one of Article 414 and part one of Article 486 of the CPC, defenders, representatives and legal representatives of a minor have the right to appeal judicial acts on appeal, as well as to file a petition for review of a judicial act that has entered into force in cassation.

     A petition to the court of cassation by a representative of the victim, filed before the termination of his participation in the case, is subject to consideration in all cases, regardless of the fact that by the time the petition is considered, the person in whose interests it is brought has reached the age of majority.

     The footnote. Paragraph 34 as amended by the regulatory resolution of the Supreme Court of the Republic of Kazakhstan dated 04/21/2011 No. 1 (effective from the date of official publication); as amended by the regulatory resolution of the Supreme Court of the Republic of Kazakhstan dated 04/20/2018 No. 8 (effective from the date of the first official publication).

In connection with the adoption of this resolution, to invalidate the resolution of the Plenum of the Supreme Court of the Kazakh SSR dated December 19, 1986, No. 19 "On judicial practice in cases of juvenile delinquency and their involvement in criminal activities and other antisocial activities."

According to article 4 of the Constitution of the Republic of Kazakhstan, this regulatory resolution is included in the current law, is generally binding and enters into force from the date of the first official publication.

     The footnote. The regulatory resolution was supplemented by paragraph 36 in accordance with the regulatory resolution of the Supreme Court of the Republic of Kazakhstan dated 04/20/2018 No. 8 (effective from the date of the first official publication).

        Chairman of the Supreme Court

Republic of Kazakhstan

Secretary of the plenary session,

Judge of the Supreme Court

Republic of Kazakhstan

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