NORMATIVE RESOLUTION OF THE SUPREME COURT OF THE REPUBLIC OF KAZAKHSTAN

of December 8, 2021 No. 3

About modification and amendments in some normative resolutions of the Supreme Court of the Republic of Kazakhstan under the penal and criminal procedure legislation

1. Make changes and additions to the following normative resolutions of the Supreme Court of the Republic of Kazakhstan:

1. "About some questions of application of the legislation on judicial authority in the Republic of Kazakhstan" of May 14, 1998 No. 1 (with changes and additions made by normative resolutions of the Supreme Court of the Republic of Kazakhstan of December 22, 2008 No. 8, on December 30, 2011 No. 5, on December 24, 2014 No. 3, on March 31, 2017 No. 2):

1) in all text changes in Kazakh are made, the text in Russian does not change;

2. "About application of regulations of the penal and criminal procedure legislation concerning respect for personal liberty and immunity of advantage of the person, counteraction to tortures, violence, another to the cruel or degrading human dignity types of the address and punishment" of December 28, 2009 No. 7 (with changes and additions made by normative resolutions of the Supreme Court of the Republic of Kazakhstan of April 21, 2011 No. 1, on March 31, 2017 No. 3, on January 24, 2020 No. 2, on December 11, 2020 No. 6):

To add 1) with Items 15-2, 15-3 of the following content:

"15-2. For the purpose of realization of provisions of article 16 of the Convention the legal treatment shall be given to each fact of the cruel or degrading human dignity to types address and punishment. When such actions were made not for goal achievement, specified in article 146 UK, and for other motives and do not fall under torture determination, the perpetrator in the presence of the bases is subject to responsibility under the relevant articles of the Special part of UK.

15-3. In case of establishment on criminal case of the fact of making by criminal prosecution authority of the illegal actions which are degrading human dignity of person involved in criminal procedure, and not forming structure of criminal offense, the court shall issue the private decree on acceptance by the prosecutor of adequate measures.";

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info