ORDER OF THE ATTORNEY-GENERAL OF THE REPUBLIC OF KAZAKHSTAN

of January 4, 2018 No. 3

About modification and amendments in the order of the Attorney-General of the Republic of Kazakhstan of April 25, 2016 No. 84 "About approval of forms of court reports in the criminal and legal sphere, electronic information accounting documents and the Instruction for their forming"

I ORDER:

1. Bring in the order of the Attorney-General of the Republic of Kazakhstan of April 25, 2016 No. 84 "About approval of forms of court reports in the criminal and legal sphere, electronic information accounting documents and the Instruction for their forming" (it is registered in the Register of state registration of regulatory legal acts for No. 13776, it is published in information system of law of the Republic of Kazakhstan of Ad_let of June 21, 2016) the following changes and amendment:

to state preamble of the specified order in the following edition:

"Being guided by the subitem 6) of article 37 of the Law of the Republic of Kazakhstan of June 30, 2017 "About prosecutor's office" I ORDER:";

to be reworded as follows the form No. 1 "The report for work of Trial Courts on consideration of criminal cases" approved by the specified order according to appendix 1 to this order;

to be reworded as follows the form No. 6 "The report for work of Appeal Courts on consideration of criminal cases" approved by the specified order according to appendix 2 to this order;

in the report of form No. 6-K "The report for work of cassation instance on consideration of criminal cases", approved by the specified order:

be reworded as follows tables G and D according to appendix 3 to this order;

to be reworded as follows the form No. 2-Zh "The report on consideration of claims by courts for private prosecution" approved by the specified order according to appendix 4 to this order;

to be reworded as follows the "Electronic Information Accounting Document 1 for the Criminal Case Considered by Trial Court" form approved by the specified order according to appendix 5 to this order;

to be reworded as follows the "Electronic Information Accounting Document 1.1 on Execution of Court Resolutions on Criminal Case" form approved by the specified order according to appendix 6 to this order;

to be reworded as follows the "Electronic Information Accounting Document 1.2 on Appeal of Decisions of the Prosecutor, Criminal Prosecution Authorities (Article 106 of the Code of Penal Procedure of the Republic of Kazakhstan)" form approved by the specified order according to appendix 7 to this order;

to be reworded as follows the "Electronic Information Accounting Document 1.3 on Powers of the Investigative Judge (Sanction)" form approved by the specified order according to appendix 8 to this order;

to be reworded as follows the "Electronic Information Accounting Document 2 for the Criminal Case Considered by Appeal Court" form approved by the specified order according to appendix 9 to this order;

to be reworded as follows the "Electronic Information Accounting Document 3 for the Criminal Case Considered by Court of Cassation Instance" form approved by the specified order according to appendix 10 to this order;

to be reworded as follows the "Electronic Information Accounting Document on Person" form approved by the specified order according to appendix 11 to this order;

in the Instruction for forming of court statistic reports in the criminal and legal sphere approved by the specified order:

state Item 6 in the following edition:

"6. Report generation about work of the courts on consideration of criminal cases is performed based on the following types of EIUD:

1) EIUD on the criminal case considered by Trial Court (further - EIUD 1);

2) EIUD on execution of court resolutions on criminal case (further - EIUD 5);

3) EIUD on appeal of decisions of the prosecutor, criminal prosecution authorities (Article 106 of the Code of penal procedure of the Republic of Kazakhstan) (further - EIUD 5.1);

4) EIUD on powers of the investigative judge (sanction) (further - EIUD 5.2);

5) EIUD on the criminal case considered by Appeal Court (further - EIUD 2);

6) EIUD on the criminal case considered by court of cassation instance (further - EIUD 3);

7) EIUD on person.";

19, of 20, 21 to state Items in the following edition:

"19. Table A "Movement of criminal cases".

The number of the dismissed cases specified in the column 12, equals to the amount of these columns 14-17.

The number of the cases returned to the prosecutor specified in the column 19, equals to the amount of columns 20-25.

When filling these indicators it must be kept in mind: case is considered, how again arrived irrespective of how many times it returned for elimination of violations of the Code of penal procedure of the Republic of Kazakhstan (further - the Code of Criminal Procedure of RK);

case is reflected from the moment of pronouncement of the resolution on return for elimination of violations of the Code of Criminal Procedure of RK, irrespective of bringing of protest or the claim.

In column 18 the cases directed by the judge according to articles 316 and 317 Codes of Criminal Procedure RK are considered.

Column 26 indicator is also reflected in columns 3, of the 4 and 13 table B with breakdown on persons and types in columns 14-18 (in the column 2 "number of the arrived cases for the accounting period" this indicator is not considered).

When accounting column 31 it must be kept in mind that: according to part 4 of article 319 Code of Criminal Procedure RK the decision on the arrived case is made no later than five days from the moment of receipt of case in court;

according to item 4 of article 322 Code of Criminal Procedure RK the main legal proceedings are appointed not earlier than the expiration of three days from the moment of the notice of the parties on the place and time of the beginning of judicial session and not later than ten days in case of the reduced procedure for consideration and fifteen days in case of general procedure for consideration from the moment of pronouncement of the resolution on its appointment. In exceptional cases this term is prolonged by the judge's ruling, but no more than up to thirty days;

according to Item 5 of article 322 Code of Criminal Procedure RK the main legal proceedings shall be ended in reasonable time. In case of the reduced production the main legal proceedings come to an end in the terms established Item 2 of article 382 Code of Criminal Procedure RK;

consideration of the case of private prosecution in judicial session begins no later than 15 days from the moment of receipt of the claim in court, but not earlier than three days from the moment of receipt of the claim by the defendant of the copy with explanation of its rights (Item 2 of article 411 Code of Criminal Procedure RK).

The term of the main legal proceedings is estimated from the next day after pronouncement of the resolution.

The criminal cases which arrived on new trial after cancellation of sentences, resolutions, equally arrived from criminal prosecution authorities after elimination of violations of the Code of Criminal Procedure of RK according to court orders, or resumed by production in connection with establishment of the searched defendant, and also allocated with court in separate production on the bases, the stipulated in Article 44 Codes of Criminal Procedure of RK are registered in EIUD as again arrived cases and it the new sequence number is assigned.

When accounting column 41 it must be kept in mind that the defendant is considered how justified, in case of recognition of innocence of the defendant in making of criminal offense on accusation on which he was brought to trial and it is prosecuted (article 394 Code of Criminal Procedure RK):

if there is no offense event; in acts of the defendant there is no structure of criminal offense;

participation of the defendant in making of criminal offense is not proved.

Data of column 60 are reflected only if he actually was involved in criminal trial as the lawyer, but not as the victim's representative.

The amounts of damage, procedural costs and the amount of the civil action are considered in tenge.

20. On line 1: column 27 is equal to the amount of columns 7, of 12, of 18, of 19, column 32 is estimated from the amount of columns 1 and 2, minus the amount of columns 27, 71.

The amounts of damage, procedural costs and the amount of the civil action are considered in tenge. In columns 62-70 data based on 1 details filled in EIUD in the Section 2 "Damage" are created.

Data on damage determined by court to compensation, are filled in in details 7.1. to "state", 7.2. to "physical person", 7.3. to "legal entity" on criminal cases where is available material nature of crime.

This line item is filled based on the court verdict where the judge determines the amount of damage to the physical, legal entity and the state. Also based on the court verdict in detail 8 "The amount of procedural costs" data on the amount of the procedural costs determined to collection are filled in.

Data on the amounts of the civil action considered within criminal procedure without the amounts of the state fee, are reflected in details 6 "The claim is satisfied in the amount of" and 6.1 "The claim is satisfied in the amount of in the income of the state.

21. Criminal cases are line-by-line distributed under the articles of the Criminal Code of Kazakhstan (further - the Criminal Code of Kazakhstan) provided in indictments and if preliminary inquiry was not made, then under Articles under which the offense is qualified by court or the judge who accepted case to production.

In case of retraining of act by court on other Article criminal case is reflected in column 2 of the report on Article of accusation according to which it arrived, and in column 73 data on retraining are reflected, the decision made on this criminal case is reflected in the corresponding line under Article and part specified in substantive provisions of sentence.

The indicator of line 27 reflects data on criminal cases in which at least one of persons accused is woman including female minors.

In case of determination of type of offense by which case is considered it is necessary to be guided by the following:

in case of set of offenses, case is considered under the article of the Criminal Code of RK prescribing more stiff punishment;

in case of equivalence of sanctions case is considered under the article of the Criminal Code of RK under which the court imposes more stiff punishment. If under each Article equivalent penalty is imposed, case is considered on the basis of the greatest prevalence of offense in this region;

in case of assignment of punishment on set of criminal offense, sentences according to the procedure of articles 58, of 60 Criminal Codes of Kazakhstan, case is subject to accounting on final punishment.";

add with Item 23-1 in the following edition:

"23-1. Lines of the table B "Results of hearing of cases about application of enforcement powers of medical nature", appendix under amnesty, domestic violence and convicts to penalties, correspond to content of lines of the table A. Graphs of the specified tables are created also according to certain graphs of the table A.";

state Item 25 in the following edition:

"25. The table G "About consideration by investigative judges of claims to actions (failure to act) and decisions of the prosecutor, criminal prosecution authorities.

In line 3 the claims this about consideration where actions (failure to act) of the prosecutor and criminal prosecution authorities are at the same time disputed are reflected.

In this line only those claims according to which the court at the same time acknowledged illegal or reasonable the actions (failure to act) of the prosecutor and criminal prosecution authorities disputed at the same time are considered.

In case of adoption of different decisions by court according to claims to actions (failure to act), (for example, arguments about illegal actions of bodies of inquiry proved to be true, and there is no prosecutor-), such claims are considered in the corresponding terms (4 or 28) and graphs according to the made decisions, with appendix of explanatory notes.";

state Item 30 in the following edition:

"30. In the table B "Results of consideration of claims and petitions of the prosecutor to sentences of Trial Courts (on number of persons) account is kept on persons.

When forming the table B it must be kept in mind that in case of set of offenses person is considered under Article of the penal statute prescribing more stiff punishment in case of equality of sanctions - on the most widespread offense.

If the appellate instance changed measure of punishment to the convict for heavier measure of punishment using the articles 58 or 60 Criminal Code of Kazakhstan, this sentence is considered as change of sentence.";

33, of 34, 35 to state Items in the following edition:

"33. Lines of tables A, B, B correspond to content of lines of the table A of the report of form 1.

34. In the table G "Results of consideration of claims and petitions of the prosecutor to resolutions of Trial Courts on consideration of claims to actions (failure to act) and decisions of the prosecutor, criminal prosecution authorities" data on review of resolutions of Trial Courts on consideration of claims to actions (failure to act) and decisions of the prosecutor, criminal prosecution authorities according to claims and protests are reflected.

Remaining balance of unconsidered materials (the column 14) is estimated from the amount of columns 1 and 2, minus the amount of columns 3 and 4.

In line 3 the claims this about consideration where decisions, actions (failure to act) and the prosecutor and criminal prosecution authorities are at the same time disputed are reflected.

In this line only those claims according to which as court are at the same time recognized illegal or reasonable the actions (failure to act) disputed at the same time and decisions and the prosecutor and criminal prosecution authorities are considered.

In case of adoption of different decisions by court according to simultaneous claims to decisions, actions (failure to act) of different bodies (for example, arguments about illegal actions of the investigator proved to be true, and there is no prosecutor-), such claims are considered in the corresponding terms (4, 20 or 28) and graphs according to the made decisions, with appendix of explanatory notes.

In this line only those claims according to which as court are at the same time recognized illegal or reasonable the actions (failure to act) disputed at the same time and decisions and the prosecutor and criminal prosecution authorities are considered.

35. In the table D "About Consideration of Claims and Petitions of the Prosecutor to the Decisions Made by Investigative Judges" data on consideration of claims and the prosecutor's protests on the decisions made by investigative judges are reflected.";

state Item 46 in the following edition:

"46. Table D "Movement of petitions, protests and representations on court orders of the first, appeal instances considered by cassation instance (on number of persons) reflects data on the petitions considered by cassation instance, protests and representations on resolutions of Trial and Appeal Courts.

Lines of the table G and D correspond to content of lines of the table A of the report of form 1.";

state Item 52 in the following edition:

"52. In column 1 of the report claims which as of January 1 of new accounting year remained unconsidered are reflected.

In column 12 claims which are not considered by the end of the reporting period are reflected. Column 12 is equal to the amount of columns 1 and 2 minus 6, of 7, of 8, of 9, 10.".

2. To provide to committee on legal statistics and special accounting of the Prosecutor General's Office of the Republic of Kazakhstan (further - Committee):

1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

2) within ten calendar days from the date of state registration of this order the direction it the copy in paper and electronic type in the Kazakh and Russian languages in the Republican state company on the right of economic maintaining "The republican center of legal information" of the Ministry of Justice of the Republic of Kazakhstan for official publication and inclusion in Reference control bank of regulatory legal acts of the Republic of Kazakhstan;

3) placement of this order on Internet resource of the Prosecutor General's Office of the Republic of Kazakhstan;

4) the direction of the copy of this order to the interested subjects of legal statistics and special accounting, and also to territorial administrations of Committee for execution.

3. To impose control of execution of this order on the Chairman of Committee.

4. This order becomes effective after ten calendar days after day of its first official publication.

Appendix 1

to the Order of the Attorney-General of the Republic of Kazakhstan of January 4, 2018 No. 3

Appendix 1

to the Order of the Attorney-General of the Republic of Kazakhstan of April 25, 2016 No. 84

Form No. 1 "Report for work of Trial Courts on consideration of criminal cases"

Table A "Movement of criminal cases"

Quarterly (the accruing result) the Republic of Kazakhstan

	Line number		Remaining balance of unfinished cases for the beginning of the accounting period		Arrived cases for the accounting period	The number of persons on the cases which arrived in court	from column 2
							after cancellation of sentence	after elimination of violations of the Code of penal procedure of the Republic of Kazakhstan (further - the Code of Criminal Procedure of RK)	after search	It is considered cases with adjudgement		from column 7
												with participation of jury members			for minors			for women				it is considered in absentia
and			1		2	3	4	5	6	7		8			9			10				11
In total criminal offenses	1
not big weight	2
average weight	3
heavy	4
especially heavy	5
From line 1		On crimes								6
		For the accelerated pre-judicial investigation								7
		On offenses								8
		On the cases considered in the reduced procedure								9
		On the cases considered in conciliatory production								10
		Cases of private prosecution								11
		Inquiry cases								12
		For citizens of the neighboring countries (the Commonwealth of Independent States (further - the CIS))								13
		For citizens of foreign countries								14
		For stateless persons								15
		On cases on equity in construction								16
		The cases considered in Kazakh								17
		The cases considered on newly discovered facts								18
		The cases considered with participation of jury members								19
		Using international conventions								20
		from line 20		Covenant on Civil and Political rights						21
				pact on liquidation of all forms of discrimination against women						22
				pact on the economic, social and cultural rights						23
				about liquidation of all forms of racial discrimination						24
				about the child's rights						25
				about the rights of disabled people						26
		on cases with participation of women								27
		for minors								28
From lines 1		for mandative production from crimes								29
		for mandative production from offenses								30
Under articles of the Criminal Code of RK										31
Under articles of the Criminal Code of RK, edition of 1997

continuation of the table

 

From ended during the accounting period
			from column 12

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