Unjustified refusal to accept a complaint from a private prosecution against minors
In accordance with the regulatory resolution of the Supreme Court of the Republic of Kazakhstan dated April 11, 2002 "On judicial practice in cases of juvenile delinquency and their involvement in criminal and other antisocial activities", the body conducting the criminal process is obliged to take measures to establish the exact date of birth of the person being prosecuted. The age at which criminal liability begins is stipulated by the rules of part 1 of Article 15 of the Criminal Code of the Republic of Kazakhstan. However, some judges make mistakes in determining the age of a minor from whom criminal responsibility begins.
Thus, by a decision of the judge of the specialized interdistrict juvenile Court of the Karaganda region dated June 15, 2016, the acceptance of D.'s complaint about bringing to criminal responsibility a minor K., born on February 27, 2000, for causing bodily harm to her minor son D., born in 2004, was refused due to K.'s failure to reach the age of 16. by the law, at the time of the commission of the criminal offense. However, as it was established by the case file, the minor K., born on February 27, 2000, was fully 16 years old at the time of the offense that took place in June 2016. In this regard, by the decision of the court of appeal of the Karaganda region, this decision was canceled and the private complaint was satisfied.
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