of November 29, 2018 No. 17
About consideration of criminal cases according to the procedure of mandative production
For the purpose of uniform and correct application of regulations of the legislation on hearing of cases according to the procedure of mandative production the plenary session of the Supreme Court of the Republic of Kazakhstan decides to make the following explanations.
1. The procedure for mandative production according to part two of Article 629-1 of the Code of penal procedure of the Republic of Kazakhstan (further - the Code of Criminal Procedure) is applied only on criminal offenses and crimes of small weight.
By results of consideration of the case about criminal offense according to the procedure of mandative production as punishment fine and the obligatory additional punishment prescribed by the sanction of the incriminated article of the Criminal Code in the form of deprivation of the right to hold certain position or to be engaged in certain activities is ordered to pay if in the sanction of the article of the Criminal Code certain (exact) term of deprivation of this right is established.
If (further - UK) the penalty is not provided in the sanction of article of the Criminal Code of Kazakhstan by one of types of primary punishment, mandative production is not performed.
2. It must be kept in mind that the solution of question of application of mandative production perhaps after establishment of the particular person who made the corresponding criminal offense.
In case of allocation of criminal case for application of mandative production the body conducting criminal procedure should observe requirements of article 44 Code of Criminal Procedure strictly.
Allocation of case papers on separate criminal offenses or concerning certain suspects shall not interfere with separate investigation and consideration of the case, ensuring comprehensiveness, completeness, objectivity of research of circumstances and permissions of case in the relation of other persons.
Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info
Database include more 50000 documents. You can find needed documents using search system. For effective work you can mix any on documents parameters: country, documents type, date range, teams or tags.
More about search system
If you cannot find the required document, or you do not know where to begin, go to Help section.
In this section, we’ve tried to describe in detail the features and capabilities of the system, as well as the most effective techniques for working with the database.
You also may open the section Frequently asked questions. This section provides answers to questions set by users.