On the consideration of criminal cases by the courts in an abbreviated manner
Normative resolution of the Supreme Court of the Republic of Kazakhstan dated November 26, 2004 No. 17.
The footnote. Throughout the text:
changes are made in the official language, the text in Russian does not change.;
The numbers "363" were replaced by the numbers "382" by the regulatory resolution of the Supreme Court of the Republic of Kazakhstan dated 22.12.2016 No. 16.
For the purposes of uniform application in judicial practice of the norms of legislation on the consideration of criminal cases in an abbreviated manner, the plenary session of the Supreme Court of the Republic of Kazakhstan
DECIDES:
To draw the attention of the courts to the fact that the consideration of criminal cases in a shortened manner increases the efficiency of the administration of justice, reduces the costs associated with legal proceedings, reduces court costs, frees up the time of judges and participants in the process.
Courts should keep in mind that, in accordance with the first part of Article 382 of the Criminal Procedure Code of the Republic of Kazakhstan (hereinafter referred to as the CPC), cases of minor, moderate and serious crimes are dealt with in an abbreviated manner. The law does not establish any restrictions on the consideration of cases in an abbreviated manner, including in cases of minors, persons who do not speak the language of legal proceedings, in which there is no victim, and others.
The court decides to consider the case in an abbreviated manner if the defendant admits guilt in full, including the claims brought against him, during the pre-trial proceedings there was no violation of the rules established by the CPC and infringing on the rights of the participants in the process, and also if the participants in the process do not dispute the relevance and admissibility of the evidence collected in the case, and do not insist on their investigation in court, as well as in cases of accelerated pre-trial investigation, or an agreement to achieve reconciliation through mediation.
The footnote. Paragraph 2 as amended by regulatory resolutions of the Supreme Court of the Republic of Kazakhstan dated 22.12.2016 No. 16; dated 11.12.2020 No. 6 (effective from the date of the first official publication).
The issue of considering the case in an abbreviated manner is decided by the court when accepting the case for trial after establishing the grounds specified in the first part of Article 382 of the CPC, independently, as well as at the beginning of the main trial, taking into account the opinion of the parties. The court's decision is set out in the decisions on the appointment of the main trial or directly during the trial.
The footnote. Paragraph 3 as amended by the regulatory resolution of the Supreme Court of the Republic of Kazakhstan dated 22.12.2016 No. 16.
If, during the main trial, the prosecutor changes the charge from a particularly serious one to a charge of committing another less serious crime, the court should consider holding a court session in an abbreviated manner.
If the parties file a motion to consider the case in an abbreviated manner when accepting the case for trial and there are grounds for it specified in the first part of Article 382 of the CPC, the preliminary hearing is conducted in accordance with the requirements of Article 321 of the CPC.
The footnote. Paragraph 4 as amended by the regulatory resolution of the Supreme Court of the Republic of Kazakhstan dated 22.12.2016 No. 16.
Excluded by the regulatory resolution of the Supreme Court of the Republic of Kazakhstan dated 22.12.2016 No. 16.
When making a decision on the consideration of a case in an abbreviated manner, the court is also obliged to clarify the issues specified in Articles 319, 320 of the CPC, in particular:
is the case within the jurisdiction of this court;
is the chosen preventive measure subject to change or cancellation;
Are there any grounds for terminating the case or suspending the proceedings;
whether there were violations during the inquiry or preliminary investigation, the conduct of an expedited pre-trial investigation, the conclusion of a procedural agreement on admission of guilt, an agreement on reconciliation through mediation, preventing the appointment of the main trial, and others.
The footnote. Paragraph 6 as amended by the regulatory resolution of the Supreme Court of the Republic of Kazakhstan dated 22.12.2016 No. 16.
The court's decision to consider the case in an abbreviated manner is set out in the decisions on the appointment of the main trial, or in the main court session in the form of a separate document, or with its entry in the minutes of the court session.
The footnote. Paragraph 7 as amended by the regulatory resolution of the Supreme Court of the Republic of Kazakhstan dated 22.12.2016 No. 16.
In the case of a shortened trial procedure, the judicial investigation is conducted in accordance with the second part of Article 382 of the CPC. At the same time, other evidence is not required to be disclosed or examined, since it is not disputed by anyone and is recognized as reliable, relevant and acceptable. Judicial debates and the conclusion of the case are conducted according to the rules established by Articles 383, 384, 385, 386 of the CPC, with the exception of cases with an agreement to achieve reconciliation through mediation, in which judicial debates are not held and the last word is not pronounced by the defendants.
Infringement or restriction of the procedural rights of the participants in the process in the case of a shortened trial procedure is not allowed.
The trial cannot be conducted in an abbreviated manner if this may affect the comprehensiveness, completeness and objectivity of the investigation of circumstances affecting the rights and legitimate interests of other persons who are not parties to the case.
The footnote. Paragraph 8, as amended by the regulatory resolutions of the Supreme Court of the Republic of Kazakhstan dated 06/25/2010 No. 19 (for the procedure of entry into force, see paragraph 2); dated 12/22/2016 No. 16.
Based on the third part of Article 382 of the CPC, if during the interrogation of the accused or the victim in the main trial circumstances requiring investigation at the court session are established, the court may order a full judicial investigation. If the speakers in the court debate or the defendant in the last word report new circumstances relevant to the case, the court, at the request of the parties or on its own initiative, on the basis of article 385 of the CPC, resumes the judicial investigation. At the end of the resumed judicial investigation, the court reopens the judicial debate and gives the defendant the last word. If the new circumstances are disputed by the participants in the process, the court decides to conduct a judicial investigation in the usual manner.
If significant violations of the criminal procedure legislation are established that prevent the appointment of the main trial at the stage of accepting the case for trial in court, and in cases of accelerated pre-trial investigation, cases with a procedural plea agreement, when these violations are established and during the main trial, the court returns the case to the prosecutor with a reasoned decision to eliminate them in accordance with the procedure established by the Article 323 of the CPC.
In cases of accelerated pre-trial investigation, cases with a procedural plea agreement, and significant violations of the criminal procedure law established during the main trial, violations that deprive the court of the opportunity to conduct it should be recognized.
In particular, the grounds provided for in part six of Article 190 of the CPC may be an obstacle to the conduct of the main trial in cases of an expedited pre-trial investigation; in cases with a procedural plea agreement, violation of the conditions specified in Article 613 of the CPC.
The footnote. Paragraph 9 as amended by the regulatory resolutions of the Supreme Court of the Republic of Kazakhstan dated 06/25/2010 No. 19 (for the procedure of entry into force, see paragraph 2); dated 12/22/2016 No. 16.
Courts should strictly observe the deadlines for the consideration of criminal cases in a shortened manner. The trial of the case in an abbreviated manner must be completed within ten days, which is calculated from the beginning of the trial. In exceptional cases, this period, in accordance with the second part of Article 382 of the CPC, may be extended by a reasoned judge's decision for up to twenty days.
The grounds for extending the consideration period may be the failure of the defendant, the victim; the filing by the parties of a petition for a period for voluntary compensation; the filing of a petition for the conclusion of a procedural agreement, etc.
The footnote. Paragraph 10 as amended by regulatory resolutions of the Supreme Court of the Republic of Kazakhstan dated 22.12.2016 No. 16; dated 11.12.2020 No. 6 (effective from the date of the first official publication).
With a shortened procedure for considering a case, the court has the right to issue both an indictment and an acquittal, terminate the proceedings or release the convicted person from punishment on the grounds provided for by law. The court has the right to refer in the verdict to the evidence available in the case file that was not examined at the court session, stipulating that the case was considered in an abbreviated manner. Since the shortened procedure for considering cases involves the admission of guilt by the defendant, this circumstance should be taken into account when imposing punishment as mitigating criminal liability and punishment.
A shortened judicial investigation conducted in strict accordance with the CPC cannot be regarded as incomplete or one-sided, and the verdict cannot be considered unfounded and overturned on grounds of lack of investigation or insufficient evidence. The consideration of appeals of complaints, protests against sentences, and court decisions in cases considered in an abbreviated manner is carried out by a judge alone.
The footnote. Paragraph 12 as amended by the regulatory resolution of the Supreme Court of the Republic of Kazakhstan dated 22.12.2016 No. 16.
When considering cases on appeals, cassation petitions, protests against sentences, and rulings in cases considered in an abbreviated manner, courts should check whether the court of first instance has complied with the requirements of article 382 of the CPC.
The footnote. Paragraph 13 as amended by the regulatory resolutions of the Supreme Court of the Republic of Kazakhstan dated 06/25/2010 No. 19 (for the procedure of entry into force, see paragraph 2); dated 12/22/2016 No. 16.
13-1. In accordance with part three of Article 55 of the Criminal Code of the Republic of Kazakhstan (hereinafter referred to as the Criminal Code), when considering criminal cases of accelerated pre-trial investigation in an abbreviated manner, the term and amount of punishment for a committed criminal offense may not exceed half of the maximum term or amount provided for in the relevant article of the Special Part of the Criminal Code.
The footnote. The Resolution was supplemented by paragraph 13-1 in accordance with the regulatory resolution of the Supreme Court of the Republic of Kazakhstan dated 12/22/2016 No. 16; 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).
13-2. Criminal cases with a procedural agreement on admission of guilt, due to the existence of a special rule, are resolved through conciliation proceedings in compliance with the requirements of Chapter 64 of the CPC. Cases with a procedural cooperation agreement are not subject to a shortened procedure and are resolved at the stage of execution of court decisions in accordance with Chapter 51 of the CPC.
The footnote. The resolution was supplemented by paragraph 13-2 in accordance with the regulatory resolution of the Supreme Court of the Republic of Kazakhstan dated 22.12.2016 No. 16.
If a sentence is overturned in connection with violations of the norms of the criminal procedure law, issued in a shortened procedure for reviewing the case and sending it for a new judicial review, the case is reviewed again in a shortened manner, subject to the requirements of the first part of Article 382 of the CPC.
According to article 4 of the Constitution of the Republic of Kazakhstan, this regulatory resolution is included in the current law, and is also generally binding and effective from the date of its official publication.
Chairman of the Supreme Court
Republic of Kazakhstan
Judge of the Supreme Court
Republic of Kazakhstan,
Secretary of the Plenary
meetings
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