of September 16, 2022 No. 185
About introduction of amendments to some orders of the Attorney-General of the Republic of Kazakhstan in the field of legal statistics and special accounting
I ORDER:
1. Approve the enclosed list of some orders of the Attorney-General of the Republic of Kazakhstan in the field of legal statistics and special accounting to which changes are made.
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) placement of the copy of this order on official Internet resource of the Prosecutor General's Office of the Republic of Kazakhstan;
3) the direction of the copy of this order to the interested subjects of legal statistics and special accounting for data, and also to territorial authorities of Committee for execution.
3. To impose control of execution of this order on the Chairman of Committee.
4. This order becomes effective after day of its first official publication.
Attorney-General of the Republic of Kazakhstan
B. Asylov
|
It is approved Department on ensuring activity of the courts under the Supreme Court of the Republic of Kazakhstan (the office of the Supreme Court of the Republic of Kazakhstan) |
|
Appendix
to the Order Attorney-General of the Republic of Kazakhstan of September 16, 2022 No. 185
1. 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) to make the following changes:
state heading in the following edition:
"About approval of forms of court reports in the criminal and legal sphere, electronic information accounting documents, and the Instruction for their input and forming";
state Item 1 in the following edition:
"1. Approve:
1) form No. 1 "The report for work of Trial Courts on consideration of criminal cases" according to appendix 1 to this order;
2) form No. 6 "The report for work of Appeal Courts on consideration of criminal cases" according to appendix 2 to this order;
3) form No. 6a "The report for work of Appeal Courts on consideration of criminal cases concerning persons condemned to capital punishment or lifelong imprisonment" according to appendix 3 to this order;
4) form No. 6K "The report for work of cassation instance on consideration of criminal cases" according to appendix 4 to this order;
5) form No. 6 of KA "The report for work of cassation instance on consideration of criminal cases concerning persons condemned to capital punishment or lifelong imprisonment" according to appendix 5 to this order;
6) form No. 2-Zh "The report on consideration of claims by courts for private prosecution" according to appendix 6 to this order;
7) the "Electronic Information Accounting Document for the Criminal Case Considered by Trial Court" form according to appendix 7 to this order;
8) the "Electronic Information Accounting Document on Execution of Court Resolutions on Criminal Case" form according to appendix 8 to this order;
9) the "Electronic Information Accounting Document on Appeal of Decisions of the Prosecutor, Criminal Prosecution Authorities (Article 106 of the Code of Penal Procedure of the Republic of Kazakhstan)" form according to appendix 9 to this order;
10) the "Electronic Information Accounting Document on Powers of the Investigative Judge (Sanction)" form according to appendix 10 to this order;
11) the "Electronic Information Accounting Document for the Criminal Case Considered by Appeal Court" form according to appendix 11 to this order;
12) the "Electronic Information Accounting Document for the Criminal Case Considered by Court of Cassation Instance" form according to appendix 12 to this order;
13) the "Electronic Information Accounting Document on Person" form according to appendix 13 to this order;
14) the Instruction about input of electronic information accounting documents in information system of judicial authorities of the Republic of Kazakhstan and forming of court reports in the criminal and legal sphere according to appendix 14 to this order.";
in the form of No. 1 "The report for work of Trial Courts on consideration of criminal cases", approved by the specified order:
be reworded as follows the Section 1 "Movement of Criminal Cases" according to appendix 1 to this List;
be reworded as follows the Section 6 "About the Questions Considered by Investigative Judges" according to appendix 2 to this List;
be reworded as follows the Section 7 "Under Amnesty" according to appendix 3 to this List;
be reworded as follows the Section 8 "Movement of the Criminal Cases Connected with Domestic Violence" according to appendix 4 to this List;
in the form of No. 6 "The report for work of Appeal Courts on consideration of criminal cases", approved by the specified order:
be reworded as follows the Section 1 "Movement of Cases on Appellate Instance" according to appendix 5 to this List;
be reworded as follows the Section 3 "Results of Consideration of Claims and Appeal Petitions of the Prosecutor to Sentences of Trial Courts (on Persons)" according to appendix 6 to this List;
be reworded as follows the Section 4 "Results of Consideration of Claims and Petitions of the Prosecutor to Resolutions of Trial Courts (on Persons)" according to appendix 7 to this List;
be reworded as follows the Section 6 "About Consideration of Claims and Petitions of the Prosecutor to the Decisions Made by Investigative Judges" according to appendix 8 to this List;
in the form of No. 6K "The report for work of the cassation instance on consideration of criminal cases" approved by the specified order:
" to be reworded as follows the Section 5 "Movement of Petitions, Representations and Protests on Sentences of the Trial and Appeal Courts Considered by Cassation Instance" (on persons) according to appendix 9 to this List;
" to be reworded as follows the Section 6 "Movement of Petitions, Protests and Representations on Resolutions of Courts of the First, Appeal Instances Considered by Cassation Instance" (on persons) according to appendix 10 to this List;
in the Instruction for forming of court reports in the criminal and legal sphere approved by the specified order:
state heading in the following edition:
"The instruction about input of electronic information accounting documents in information system of judicial authorities of the Republic of Kazakhstan and forming of court reports in the criminal and legal sphere".
2. In the order of the Attorney-General of the Republic of Kazakhstan of November 2, 2017 No. 124 "About approval of forms of court reports in the civil sphere and the Instruction for their forming" (it is registered in the Register of state registration of regulatory legal acts for No. 16009) to make the following changes:
state Item 1 in the following edition:
"1. Approve:
1) form No. 2 "The report on consideration of civil cases by Trial Courts" according to appendix 1 to this order;
2) form No. 7 "The report on consideration of civil cases in appellate instance" according to appendix 2 to this order;
3) form No. 7-K "The report on consideration of civil cases in cassation instance" according to appendix 3 to this order;
4) form No. 8-K "The report on review of court resolutions in cassation procedure" according to appendix 4 to this order;
5) the "Electronic Information Accounting Document 1 on Civil Case (Statement) Considered by Trial Court" form according to appendix 5 to this order;
6) the "Electronic Information Accounting Document 2 on the Civil Case Considered by Appeal Court" form according to appendix 6 to this order;
7) the "Electronic Information Accounting Document 3 on the Civil Case Considered by Court in Cassation Instance" form according to appendix 7 to this order;
8) The instruction about input of electronic information accounting documents in information system of judicial authorities of the Republic of Kazakhstan and forming of court reports in the civil sphere according to appendix 8 to this order.";
in the form of No. 2 "The report on consideration of civil cases by Trial Courts", approved by the specified order:
to be reworded as follows the table A "Movement and results of consideration of civil cases" according to appendix 11 to this List;
in the form of No. 7 "The report on consideration of civil cases in the appellate instance" approved by the specified order:
to be reworded as follows the table A "Movement of cases in appellate instance" according to appendix 12 to this List;
to be reworded as follows the table B "Results of hearing of cases on petitions for appeal and protests" according to appendix 13 to this List;
to be reworded as follows the table B "Results of hearing of cases on private claims and protests" according to appendix 14 to this List;
in form 7-K "The report on consideration of civil cases in the cassation instance" approved by the specified order:
to be reworded as follows the table A "Movement of petitions" according to appendix 15 to this List;
to be reworded as follows the table B "Results of hearing of cases" according to appendix 16 to this List;
in the form of No. 8-K "The report on review of court resolutions in cassation procedure", approved by the specified order:
to be reworded as follows the table A "Movement of petitions for introduction of representation according to the procedure of part 3 of Article 434 of the Code of civil procedure of the Republic of Kazakhstan" according to appendix 17 to this List;
"Movement of petitions for introduction of representation according to the procedure of part 4 of Article 434 of the Code of civil procedure of the Republic of Kazakhstan" to be reworded as follows the table A1 according to appendix 18 to this List;
to be reworded as follows the table B "Movement of representations of the chairman of the Supreme Court on resolutions of cassation instance" according to appendix 19 to this List;
"Movement of representations of the chairman of the Supreme Court according to the procedure parts 3, 4 Articles 434 of the Code of civil procedure of the Republic of Kazakhstan" to be reworded as follows the table B1 according to appendix 20 to this List;
to be reworded as follows the table B "Movement of protests on resolutions of cassation instance" according to appendix 21 to this List;
"Movement of protests according to the procedure of parts 3, 4 Articles 434 of the Code of civil procedure of the Republic of Kazakhstan" to be reworded as follows the table B1 according to appendix 22 to this List;
to be reworded as follows the table G "Results of hearing of cases" according to appendix 23 to this List;
in the Instruction about input of electronic information accounting documents in information system of judicial authorities of the Republic of Kazakhstan and report generation in the civil sphere approved by the specified order:
state heading in the following edition:
"The instruction about input of electronic information accounting documents in information system of judicial authorities of the Republic of Kazakhstan and forming of court reports in the civil sphere";
state Item 1 in the following edition:
"1. This Instruction about input of electronic information accounting documents (further – EIUD) in information system of judicial authorities of the Republic of Kazakhstan (further – IS CO PK) and forming of court reports in the civil sphere determines basic provisions of input of EIUD and forming on their basis of reports on consideration of civil cases by courts of the first, appeal and cassation instances.";
state Item 8 in the following edition:
"8. After the made adjustment of the data (with indication of number of the statement (civil case, material), the name of changeable detail, former and new indicator) based on which check in the automated information system of Committee is made (further – AIS of Committee), without delay go judicial authority to Committee or its territorial authority in writing, with indication of day and time of the made adjustment.";
state Item 12 in the following edition:
"12. Before removal by the judge of determination about acceptance of case in production of court, the category of case is determined previously by the employee of office of court who adopted the statement.
After removal by the judge of determination about acceptance of case in production of court, the employee of office makes reconciliation of the category of case specified in the upper right corner of determination of the judge and in IS CO PK in case of discrepancy, in coordination with the judge, change is made.
If data on participation of foreign persons, subjects of small and medium entrepreneurship, data on the arrived actions for declaration from persons with disability, women, for the benefit of minors are reflected in case papers (statement), then in detail 11 the corresponding code values are reflected.
In the line "In Claims of Female Persons" actions for declaration from physical person – women, individual entrepreneurs – women are reflected.
In the presence of references in court resolutions to the international agreements, the detail "It Is Considered using Universal Conventions on Human Rights" of the Section 12 "Data on Dynamics of Production (Judgment)" with the choice of type of the international treaty is filled.".
3. In the order of the Attorney-General of the Republic of Kazakhstan of June 22, 2021 No. 92 "About approval of report forms about work of the courts on consideration of administrative cases, electronic information accounting documents, and the Instruction for their input and forming" (it is registered in the Register of state registration of regulatory legal acts for No. 23196) to make the following changes:
in the form of No. 5 "The report on consideration of administrative cases by Trial Courts", approved by the specified order:
be reworded as follows the Section 1 "Movement and Results of Consideration of Administrative Cases" according to appendix 24 to this List;
be reworded as follows the Section 2 "Movement of Administrative Cases concerning Administrative Authorities, Officials" according to appendix 25 to this List;
in the form of No. 5A "The report on consideration of administrative cases in the appellate instance" approved by the specified order:
be reworded as follows the Section 1 "Movement of Administrative Cases in Appellate Instance" according to appendix 26 to this List;
be reworded as follows the Section 2 "Results of Consideration of Administrative Cases on Petitions for Appeal and Protests" according to appendix 27 to this List;
be reworded as follows the Section 3 "Results of Hearing of Cases on Private Claims and Protests" according to appendix 28 to this List;
in the form of No. 5K "The report on consideration of administrative cases in the cassation instance" approved by the specified order:
be reworded as follows the Section 1 "Movement of Claims, Petitions of the Prosecutor on Administrative Cases (the Court Resolutions Which Did Not Take Legal Effect)" according to appendix 29 to this List;
be reworded as follows the Section 2 "The Results of Hearing of Cases (Which Did Not Take Legal Effect Court Resolutions)" according to appendix 30 to this List;
be reworded as follows the Section 3 "Movement of Petitions for Representation Introduction (on the Court Resolutions Which Took Legal Effect)" according to appendix 31 to this List;
be reworded as follows the Section 4 "Results of Hearing of Cases" according to appendix 32 to this List;
be reworded as follows the Section 5 "Movement of Representations of the Chairman of the Supreme Court" according to appendix 33 to this List;
be reworded as follows the Section 6 "Movement of Protests" according to appendix 34 to this List;
in the Instruction about input of electronic information accounting documents in information system of judicial authorities of the Republic of Kazakhstan and report generation about the work of the courts on consideration of administrative cases approved by the specified order:
state Item 8 in the following edition:
"8. After the made adjustment of the data (with indication of number of administrative case (claim), the name of changeable detail, former and new indicator) based on which check in the automated information system of Committee is made (further – AIS of Committee), without delay go judicial authority to Committee or its territorial authority in writing, with indication of day and time of the made adjustment.";
state Item 12 in the following edition:
"12. In detail 10 "Amendment to category of case" of Section 1 data on participation of foreign persons, subjects of small and medium entrepreneurship, data on the arrived claims from persons with disability, women, for the benefit of minor, investment disputes and so on are reflected.
In the line "In Claims of Female Persons" actions for declaration from physical person – women, individual entrepreneurs – women are reflected.
In the presence of references in court resolutions to the international agreements, the detail "It Is Considered using International Treaties" of the Section 13 "Data on Dynamics of Production (Judgment)" with the choice of type of the international treaty is filled.
In the line "Materials and Representations" materials according to Normative reference information are reflected (further – NSI): about change of method and procedure for execution of the judgment, including, about replacement of the debtor (claimant), about judgment execution turn, the court order, about issue of writ of execution (duplicate) according to awards of arbitration (reference tribunal), about indexation of the awarded sums of money, about recovery of term of presentation of writ of execution and other materials, representations.".
to the List of some orders of the Attorney-General of the Republic of Kazakhstan in the field of legal statistics and special accounting to which changes are made
form
Form No. 1 "Report for work of Trial Courts on consideration of criminal cases"
Section 1 "Movement of Criminal Cases"
|
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 Criminal Procedure Code of the Republic of Kazakhstan (dalee-UPK RK) |
after search | |||||||
|
And |
B |
1 |
2 |
3 |
4 |
5 |
6 | ||
|
In total criminal offenses |
1 |
||||||||
|
small 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 state language |
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 persons with disability |
26 |
||||||||
|
on cases with participation of women |
27 |
||||||||
|
for minors |
28 |
||||||||
|
from line 1 |
for mandative production from crimes |
29 |
|||||||
|
for mandative production from offenses |
30 |
||||||||
|
all articles of the Criminal Code of Kazakhstan (further – the Criminal Code of Kazakhstan) |
31 |
||||||||
|
other offenses |
32 |
||||||||
|
in all respects the Criminal Code of Kazakhstan, in edition of 1997 |
33 |
||||||||
Continuation of the table
|
from ended during the accounting period | ||||||||||
|
It is considered cases with adjudgement |
from column 7 |
In total it is stopped cases |
from column 12 | |||||||
|
with participation of jury members |
for minors |
for women |
it is considered in absentia |
for minors |
in conciliation type with the victim |
Due to the refusal of the prosecutor of accusation |
it is stopped on the bases provided by Items 1), 2), 5), 6), 7) and 8) of part 1 of article 35 Code of Criminal Procedure RK |
on other bases | ||
|
7 |
8 |
9 |
10 |
11 |
12 |
13 |
14 |
15 |
16 |
17 |
Continuation of the table
|
from ended during the accounting period | ||||||||
|
It is directed on cognizance |
It is returned to the prosecutor and the bodies performing pre-judicial investigation |
from column 19 |
Measures of medical nature are applied (from the column 17) | |||||
|
for recreation of the indictment (article 321 Code of Criminal Procedure RK) |
for elimination of violations of the Code of Criminal Procedure of RK (article 323 Code of Criminal Procedure RK) |
according to the procedure of Items 2), 3) parts 1 of article 623 Code of Criminal Procedure RK |
according to the procedure of Items 1), 2), 3) parts 1 of article 626 Code of Criminal Procedure RK |
in connection with search of the defendant |
other bases | |||
|
18 |
19 |
20 |
21 |
22 |
23 |
24 |
25 |
26 |
continuation of the table
|
from column 27 |
Remaining balance of unfinished cases by the end of the reporting period |
it is suspended (from the column 32) |
From the ended cases | ||||||
|
The number of persons on the ended cases |
for minors |
with participation of jurors |
with violation of term (part 4 Articles 319, parts of 4,5 of Article 322, part 2 Articles 382, part 2 of article 411 Code of Criminal Procedure RK) |
It is condemned persons |
from column 34 | ||||
|
minors |
with participation of jurors | ||||||||
|
27 |
28 |
29 |
30 |
31 |
32 |
33 |
34 |
35 |
36 |
Continuation of the table
|
From the ended cases | ||||||||
|
from column 34 |
It is acquitted persons |
from column 41 |
Persons concerning whom (criminal prosecution) are dismissed cases | |||||
|
it is released persons from custody |
measures of educational impact are applied |
it is exempted persons in connection with conciliation |
other decisions concerning persons are passed |
minors |
with participation of jurors |
it is released persons from custody | ||
|
37 |
38 |
39 |
40 |
41 |
42 |
43 |
44 |
45 |
Continuation of the table
|
From the ended cases | ||||||||
|
from column 45 |
The number of persons concerning whom criminal cases are returned to the prosecutor |
from column 50 | ||||||
|
minors |
it is released persons from custody |
it is stopped on the bases provided by Items 1), 2), 5), 6), 7) and 8) of part 1 of article 35 Code of Criminal Procedure RK |
behind conciliation of the parties |
for recreation of the indictment (article 321 Code of Criminal Procedure RK) |
for elimination of violations of the Code of Criminal Procedure of RK (article 323 Code of Criminal Procedure RK) |
according to the procedure of Items 2), 3) parts 1 of article 623 Code of Criminal Procedure RK |
according to the procedure of Items 1), 2), 3) parts 1 of article 626 Code of Criminal Procedure RK | |
|
46 |
47 |
48 |
49 |
50 |
51 |
52 |
53 |
54 |
continuation of the table
|
From the ended cases | ||||||||||||
|
Other decrees are issued |
Number of the victims |
from column 56 |
Examination by court is appointed |
Participation of the lawyer |
Participation of the prosecutor |
The amount of damage compensated in court to the resolution of sentence (tenge) |
The final amount of damage determined by court to compensation (tenge) | |||||
|
women |
minors |
to the state |
to the legal entity |
to physical person |
to the state |
to the legal entity |
to physical person | |||||
|
55 |
56 |
57 |
58 |
59 |
60 |
61 |
62 |
63 |
64 |
65 |
66 |
67 |
Continuation of the table
|
From the ended cases | |||||||||
|
Amount of procedural costs |
The amount of the civil action considered in criminal procedure |
including in the income of the state |
It is connected cases |
It is allocated cases in separate production |
It is retrained |
It is taken out private resolutions |
from column 74 | ||
|
part 1 of article 405 Code of Criminal Procedure RK |
part 2 of article 405 Code of Criminal Procedure RK |
public prosecutor's supervision | |||||||
|
68 |
69 |
70 |
71 |
72 |
73 |
74 |
75 |
76 |
77 |
Continuation of the table
|
From the ended cases | |||||||||
|
from column 74 |
Arrived answers with indication of the taken specific measures |
It is considered with participation of mediator |
From column 12 |
From column 34 |
From column 56 | ||||
|
to the prosecutor (part 3 of article 405 Code of Criminal Procedure RK, part 5 of article 53 Code of Criminal Procedure RK) |
to the lawyer |
part 4 of article 405 Code of Criminal Procedure RK |
part 5 of article 405 Code of Criminal Procedure RK |
it is stopped in conciliation type with the victim with participation of mediator |
It is condemned women |
It is condemned persons with disability |
The injured persons with disability | ||
|
78 |
79 |
80 |
81 |
82 |
83 |
84 |
85 |
86 |
87 |
continuation of the table
|
from column 2 |
from column 7 |
from column 27 |
The amount collected in fund of compensation by the victim |
The number of persons from whom it is collected in fund of compensation by the victim |
The number of the considered recourse requirements | |
|
Arrived cases of mandative production |
It is considered with adjudgement for mandative production |
from them it is cancelled according to the petition of the convict |
The cases which arrived in electronic format are considered by court | |||
|
88 |
89 |
90 |
91 |
92 |
93 |
94 |
Continuation of the table
|
from column 2 | ||||||
|
Committee of homeland security of the Republic of Kazakhstan (further – KNB) |
The Ministry of Internal Affairs of the Republic of Kazakhstan (further – the Ministry of Internal Affairs) |
The Ministry of Emergency Situations of the Republic of Kazakhstan (further – the Ministry of Emergency Situations) |
Agency on anti-corruption of the Republic of Kazakhstan (Anti-corruption service) (further – the AIC) |
Financial monitoring agency of the Republic of Kazakhstan (further – AFM) |
bodies of prosecutor's office |
Other bodies |
|
95 |
96 |
97 |
98 |
99 |
100 |
101 |
to the List of some orders of the Attorney-General of the Republic of Kazakhstan in the field of legal statistics and special accounting to which changes are made
form
Form No. 1 "Report for work of Trial Courts on consideration of criminal cases"
Section 6 "About the Questions Considered by Investigative Judges"
|
Name of questions |
Line number |
Remaining balance of petitions and representations for the beginning of the accounting period |
In total arrived petitions |
In total arrived representations, resolutions |
from the columns 2,3 | |||
|
bodies of prosecutor's office |
MINISTRY OF INTERNAL AFFAIRS |
Committee of criminal executive system of the Ministry of Internal Affairs (further – KUIS Ministry of Internal Affairs) |
KNB | |||||
|
And |
B |
1 |
2 |
3 |
4 |
5 |
6 |
7 |
|
In total |
1 |
|||||||
|
including it is considered in state language |
2 |
|||||||
|
About authorization of detention (Item 1) parts 1 of article 55 Code of Criminal Procedure RK) |
3 |
|||||||
|
About authorization of house arrest (Item 2) parts 1 of article 55 Code of Criminal Procedure RK) |
4 |
|||||||
|
About authorization of temporary discharge from position (Item 3) parts 1 of article 55 Code of Criminal Procedure RK) |
5 |
|||||||
|
About authorization of prohibition on approach (Item 4) parts 1 of article 55 Code of Criminal Procedure RK) |
6 |
|||||||
|
About authorization of application of extradition arrest (Item 5) parts 1 of article 55 Code of Criminal Procedure RK) |
7 |
|||||||
|
About pledge application authorization (Item 7) parts 1 of article 55 Code of Criminal Procedure RK) |
8 |
|||||||
|
About authorization of property attachment (Item 8) parts 1 of article 55 Code of Criminal Procedure RK) |
9 |
|||||||
|
About prolongation of term of detention (Item 6) parts 1 of article 55 Code of Criminal Procedure RK) |
10 |
|||||||
|
including up to 3 months |
11 |
|||||||
|
including up to 9 months |
12 |
|||||||
|
including up to 12 months |
13 |
|||||||
|
including up to 18 months |
14 |
|||||||
|
About prolongation of term of house arrest (Item 6) parts 1 of article 55 Code of Criminal Procedure RK) |
15 |
|||||||
|
including up to 3 months |
16 |
|||||||
|
including up to 9 months |
17 |
|||||||
|
including up to 12 months |
18 |
|||||||
|
including up to 18 months |
19 |
|||||||
|
About prolongation of term of extradition arrest (Item 6) parts 1 of article 55 Code of Criminal Procedure RK) |
20 |
|||||||
|
including up to 3 months |
21 |
|||||||
|
including up to 9 months |
22 |
|||||||
|
including up to 12 months |
23 |
|||||||
|
including up to 18 months |
24 |
|||||||
|
About the forced placement of person who is not held in custody to the medical organization for production of forensic-psychiatric and (or) medicolegal examinations (Item 9) parts 1 of article 55 Code of Criminal Procedure RK) |
25 |
|||||||
|
In case of factual determination of mental disease about transfer of person to which detention, in the special medical organization giving the mental health services adapted for content of patients in the conditions of strict isolation is earlier applied (Item 10) parts 1 of article 55 Code of Criminal Procedure RK) |
26 |
|||||||
|
About exhumation of corpse (Item 11) parts 1 of article 55 Code of Criminal Procedure RK) |
27 |
|||||||
|
About the announcement of the international search of the suspect, person accused (Item 12) parts 1 of article 55 Code of Criminal Procedure RK) |
28 |
|||||||
|
About survey authorization (Item 13) parts 1 of article 55 Code of Criminal Procedure RK) |
29 |
|||||||
|
About authorization of forced survey (part 13 of article 220 Code of Criminal Procedure RK) |
30 |
|||||||
|
About authorization of search (Item 14) parts 1 of article 55 Code of Criminal Procedure RK) |
31 |
|||||||
|
About dredging authorization (Item 15) parts 1 of article 55 Code of Criminal Procedure RK) |
32 |
|||||||
|
About authorization of personal search (Item 16) parts 1 of article 55 Code of Criminal Procedure RK) |
33 |
|||||||
|
About implementation of the physical evidences which are exposed to bystry spoil or long-term storage of which to permission of criminal case in essence requires considerable material costs (Item 2) of part 2 of article 55 Code of Criminal Procedure RK) |
34 |
|||||||
|
About deposition during pre-judicial production of the testimony of the victim and the witness (Item 3) parts 2 of article 55 Code of Criminal Procedure RK) |
35 |
|||||||
|
About imposing of cash penalties on the persons who are not carrying out or carrying out it is inadequate procedural obligations in pre-judicial production, except for lawyers and prosecutors (Item 4) of part 2 of article 55 Code of Criminal Procedure RK) |
36 |
|||||||
|
About collection of procedural costs for criminal case on representation of the prosecutor (Item 5) parts 2 of article 55 Code of Criminal Procedure RK) |
37 |
|||||||
|
About reclamation and familiarizing with criminal case of any data, documents, objects important for criminal case (Item 6) parts 2 of article 55 Code of Criminal Procedure RK) |
38 |
|||||||
|
About purpose of examination or production of other investigative actions by criminal prosecution authority, except for secret investigative actions, including if by criminal prosecution authority satisfaction of such petition it was unreasonably refused or on it the decision within three days is not made (Item 7) of part 2 of article 55 Code of Criminal Procedure RK) |
39 |
|||||||
|
About the forced drive in the body conducting criminal process, earlier interviewed witness (Item 8) parts 2 of article 55 Code of Criminal Procedure RK) |
40 |
|||||||
|
About cancellation of measure of restraint in the form of content on guards (part 5 of article 153 Code of Criminal Procedure RK) |
41 |
|||||||
|
About cancellation of measure of restraint in the form of house arrest (part 5 of article 153 Code of Criminal Procedure RK) |
42 |
|||||||
|
About change of measure of restraint in the form of content on guards (part 5 of article 153 Code of Criminal Procedure RK) |
43 |
|||||||
|
About change of measure of restraint in the form of house arrest (part 5 of article 153 Code of Criminal Procedure RK) |
44 |
|||||||
|
About check of legality made without sanction of court of survey (part 14 of article 220 Code of Criminal Procedure RK) |
45 |
|||||||
|
About check of legality made without sanction of court of search (article 220 Code of Criminal Procedure RK) |
46 |
|||||||
|
About check of legality made without sanction of court of dredging (article 220 Code of Criminal Procedure RK) |
47 |
|||||||
|
About check of legality made without sanction of court of personal search (article 220 Code of Criminal Procedure RK) |
48 |
|||||||
|
Cancellation of the measure of restraint authorized by court (part 5 statyi153 the Code of Criminal Procedure of RK) |
49 |
|||||||
|
About authorization of forced survey (Item 17) parts 1 of article 55 Code of Criminal Procedure RK) |
50 |
|||||||
|
About authorization of forced receipt of samples (Item 18) parts 1 of article 55 Code of Criminal Procedure RK) |
51 |
|||||||
|
Others (Item 9) parts 2 of article 55 Code of Criminal Procedure RK) |
52 |
|||||||
|
About justification of application of earlier chosen measure of restraint (part 4 of article 148 Code of Criminal Procedure RK) |
53 |
|||||||
Continuation of the table
|
from the columns 2,3 |
It is transferred on cognizance |
In total it is considered | |||||||
|
AIC |
AFM |
MINISTRY OF EMERGENCY SITUATIONS |
military police |
others |
lawyer |
It is withdrawn |
It is returned | ||
|
8 |
9 |
10 |
11 |
12 |
13 |
14 |
15 |
16 |
17 |
Continuation of the table
|
from column 17 |
lawyer | ||||||||
|
bodies of prosecutor's office |
MINISTRY OF INTERNAL AFFAIRS |
KUIS OF THE MINISTRY OF INTERNAL AFFAIRS OF PK |
KNB |
AIC |
AFM |
MINISTRY OF EMERGENCY SITUATIONS |
military police |
others | |
|
18 |
19 |
20 |
21 |
22 |
23 |
24 |
25 |
26 |
27 |
continuation of the table
|
from column 17 | ||||||||
|
Concerning the suspect |
Concerning the person accused |
Concerning the defendant |
Concerning the convict foreign court |
Concerning the witness |
Concerning the victim |
Concerning other persons |
Repeatedly |
It is satisfied |
|
28 |
29 |
30 |
31 |
32 |
33 |
34 |
35 |
36 |
continuation of the table
|
from column 17 | ||||||||||
|
reasons of satisfaction |
it is satisfied concerning persons | |||||||||
|
there is no permanent residence |
the personality is not identified |
earlier chosen measure of restraint or measure of procedural coercion is broken |
attempt to disappear or disappeared from criminal prosecution authorities or court |
in connection with search of the person accused, international search |
has criminal record for earlier committed heavy or especially serious crime |
others |
minors |
persons, with disability |
women |
60 years are more senior than persons |
|
37 |
38 |
39 |
40 |
41 |
42 |
43 |
44 |
45 |
46 |
47 |
continuation of the table
|
from column 17 | ||||||||
|
it is satisfied on crimes |
it is refused |
from column 52 | ||||||
|
on crimes of small weight |
on crimes of average weight |
on serious crimes |
on especially serious crimes |
in connection with refusal house arrest is authorized |
in connection with refusal according to the petition pledge is authorized |
minors |
persons with disability | |
|
48 |
49 |
50 |
51 |
52 |
53 |
54 |
55 |
56 |
continuation of the table
|
From column 17 |
It is considered on the weekend |
Remaining balance of not considered petitions, representations, resolutions |
It is taken out private resolutions (from the column 17) | |||||
|
from column 52 | ||||||||
|
women |
60 years are more senior than persons |
on crimes of small weight |
on crimes of average weight |
on serious crimes |
on especially serious crimes | |||
|
57 |
58 |
59 |
60 |
61 |
62 |
63 |
64 |
65 |
to the List of some orders of the Attorney-General of the Republic of Kazakhstan in the field of legal statistics and special accounting to which changes are made
form
Form No. 1 "Report for work of Trial Courts on consideration of criminal cases"
Section 7 "Under Amnesty"
|
Name |
Line number |
The number of persons concerning whom are dismissed cases (under resolutions) |
including are released from custody (from the column 1) |
The number of persons concerning whom are dismissed cases (on the sentences which did not take legal effect) |
including it is released from custody (from the column 3) |
Number of persons exempted from punishment by Trial Courts in the main legal proceedings |
including it is released from custody (from the column 5) |
Number of persons exempted from punishment by Trial Courts according to the procedure of execution of sentence including convicts | ||
|
And |
B |
1 |
2 |
3 |
4 |
5 |
6 |
7 | ||
|
In total |
1 |
|||||||||
|
small 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 (CIS) |
13 |
|||||||||
|
For citizens of foreign countries |
14 |
|||||||||
|
For stateless persons |
15 |
|||||||||
|
On cases on equity in construction |
16 |
|||||||||
|
The cases considered in state language |
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 persons with disability |
26 |
|||||||||
|
On cases with participation of women |
27 |
|||||||||
|
For minors |
28 |
|||||||||
|
For mandative production from among crimes |
29 |
|||||||||
|
For mandative production from among offenses |
30 |
|||||||||
|
All articles of the Criminal Code of RK |
31 |
|||||||||
|
Other offenses |
32 |
|||||||||
|
In all respects Criminal Code of Kazakhstan, editions of 1997 |
33 |
|||||||||
Continuation of the table
|
from column 7 |
Number of persons exempted from punishment in appeal procedure |
including it is released from custody (from the column 12) |
Number of persons exempted from punishment in cassation procedure |
including it is released from custody (from the column 14) |
In total it is exempted by courts |
including it is exempted from under - guards |
In total it is exempted by courts concerning minors | |||
|
conditionally |
with delay of execution of the punishment |
penalty |
parole from punishment | |||||||
|
8 |
9 |
10 |
11 |
12 |
13 |
14 |
15 |
16 |
17 |
18 |
to the List of some orders of the Attorney-General of the Republic of Kazakhstan in the field of legal statistics and special accounting to which changes are made
form
Form No. 1 "Report for work of Trial Courts on consideration of criminal cases"
Section 8 "Movement of the Criminal Cases Connected with Domestic Violence"
|
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 ended during the accounting period | |||||
|
It is considered cases with adjudgement |
including: | ||||||||
|
with participation of jury members |
for women | ||||||||
|
And |
B |
1 |
2 |
3 |
4 |
5 |
6 | ||
|
IN TOTAL |
1 |
||||||||
|
small 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 (CIS) |
13 |
||||||||
|
For citizens of foreign countries |
14 |
||||||||
|
For stateless persons |
15 |
||||||||
|
On cases on equity in construction |
16 |
||||||||
|
The cases considered in state language |
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 persons with disability |
26 |
||||||||
|
On cases with participation of women |
27 |
||||||||
|
For minors |
28 |
||||||||
|
For mandative production from among crimes |
29 |
||||||||
|
For mandative production from among offenses |
30 |
||||||||
|
All articles of the Criminal Code of RK |
31 |
||||||||
|
Other offenses |
32 |
||||||||
|
In all respects Criminal Code of Kazakhstan, editions of 1997 |
33 |
||||||||
Continuation of the table
|
From ended during the accounting period |
In total it is ended cases in the accounting period (the amount of the columns 4,7,10,11) |
from them concerning persons |
Remaining balance of unfinished cases by the end of the reporting period | ||||
|
In total it is stopped cases |
from them |
It is directed on cognizance |
It is returned to the prosecutor | ||||
|
it is stopped on the bases provided by Items 1), 2), 5), 6), 7) and 8) of part 1 of article 35 Code of Criminal Procedure RK |
in view of conciliation with the victim | ||||||
|
7 |
8 |
9 |
10 |
11 |
12 |
13 |
14 |
continuation of the table
|
from among the ended cases | |||||||||
|
It is condemned persons |
from them |
It is acquitted persons |
from them |
Persons concerning whom (criminal prosecution) are dismissed cases |
from them | ||||
|
women |
it is considered with participation of jurors |
women |
it is considered with participation of jurors |
it is stopped on the bases provided by Items 1), 2), 5), 6), 7) and 8) of part 1 of article 35 Code of Criminal Procedure RK |
behind conciliation of the parties |
released from custody | |||
|
15 |
16 |
17 |
18 |
19 |
20 |
21 |
22 |
23 |
24 |
Continuation of the table
|
from among the ended cases | ||||||||
|
The number of persons concerning whom criminal cases are directed for elimination of violations of the Code of Criminal Procedure of RK |
Other decrees are issued |
Number of the victims |
from them women |
The number of the victims of crime - women from the death |
It is connected cases |
It is allocated cases in separate production |
It is retrained |
Private resolutions |
|
25 |
26 |
27 |
28 |
29 |
30 |
31 |
32 |
33 |
to the List of some orders of the Attorney-General of the Republic of Kazakhstan in the field of legal statistics and special accounting to which changes are made
form
Form No. 6 "Report for work of Appeal Courts on consideration of criminal cases"
Section 1 "Movement of Cases on Appellate Instance"
|
Name |
line number |
Remaining balance of unfinished criminal cases for the beginning of the accounting period |
In total arrived criminal cases for the accounting period |
Arrived repeatedly |
from column 2 | ||||
|
according to the appeal petition of the prosecutor |
according to claims |
at the same time according to petitions for appeal and petitions of the prosecutor | |||||||
|
And |
B |
1 |
2 |
3 |
4 |
5 |
6 | ||
|
IN TOTAL |
1 |
||||||||
|
small 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 of 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 state language |
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 persons with disability |
26 |
||||||||
|
On cases with participation of women |
27 |
||||||||
|
For minors |
28 |
||||||||
|
For mandative production from among crimes |
29 |
||||||||
|
For mandative production from among offenses |
30 |
||||||||
|
All articles of the Criminal Code of Kazakhstan (further – the Criminal Code of Kazakhstan) |
31 |
||||||||
|
Other offenses |
32 |
||||||||
|
In all respects the Criminal Code of Kazakhstan in edition of 1997 |
33 |
||||||||
continuation of the table
|
from column 2 |
Number of criminal cases on which appeal petitions of the prosecutor are withdrawn |
Number of criminal cases on which claims are withdrawn |
Number of criminal cases on which petitions for appeal and petitions of the prosecutor are withdrawn at the same time |
from column 6 |
It is returned cases without consideration, production is stopped |
It is transferred on cognizance |
It is refused review | ||
|
on newly discovered facts from the prosecutor |
after cancellation of sentence (resolution) |
according to other petitions and statements |
At the same time response and consideration | ||||||
|
7 |
8 |
9 |
10 |
11 |
12 |
13 |
14 |
15 |
16 |
continuation of the table
|
In total it is considered cases on appeal petitions |
it is satisfied (from the column 17) |
In total it is considered cases on claims |
it is satisfied (from the column 19) |
In total it is considered cases on petitions for appeal and petitions of the prosecutor at the same time |
from column 21 |
In total it is considered criminal cases according to the petition of the prosecutor on newly discovered facts |
from columns 1 and 8 |
In total it is ended criminal cases for the accounting period (the amount of columns 17, 19, 21, 24, 25) |
in terms over stipulated in Clause 425 Codes of penal procedure of the Republic of Kazakhstan (further - the Code of Criminal Procedure of RK) | |
|
it is satisfied claims |
it is satisfied petitions of the prosecutor |
In total it is considered criminal cases | ||||||||
|
17 |
18 |
19 |
20 |
21 |
22 |
23 |
24 |
25 |
26 |
27 |
continuation of the table
|
Remaining balance of unfinished criminal cases by the end of the reporting period |
It is suspended |
It is taken out private resolutions |
from column 30 | |||||||
|
about elimination of the reasons and conditions promoting making of offenses (part 1 of article 405 Code of Criminal Procedure RK) |
about the violations allowed in case of production of inquiry or pretrial investigation (part 2 of article 405 Code of Criminal Procedure RK) |
public prosecutor's supervision |
to the prosecutor (part 3 of article 405 Code of Criminal Procedure RK, part 5 of article 53 Code of Criminal Procedure RK) |
to the lawyer |
concerning the participants of process breaking procedure for legal proceedings and not submitting to legal orders of the chairman (part 3 of article 648 Code of Criminal Procedure RK) |
about other violations (part 4 of article 405 Code of Criminal Procedure RK) |
incentive nature (part 5 of article 405 Code of Criminal Procedure RK) | |||
|
28 |
29 |
30 |
31 |
32 |
33 |
34 |
35 |
36 |
37 |
38 |
to the List of some orders of the Attorney-General of the Republic of Kazakhstan in the field of legal statistics and special accounting to which changes are made
form
Form No. 6 "Report for work of Appeal Courts on consideration of criminal cases"
Section 3 "Results of Consideration of Claims and Appeal Petitions of the Prosecutor to Sentences of Trial Courts (on Persons)"
|
NAME |
line number |
Number of persons concerning whom sentences are considered by board |
Number of persons concerning whom sentence is appealed, brought appeal petitions of the prosecutor (from the column 1) |
Number of persons concerning whom sentences are left without change |
In total it is cancelled sentences (the amount of columns 5-9, 11, 13, 14) |
about cancellation of conviction and the resolution of the verdict of not guilty | ||
|
And |
B |
1 |
2 |
3 |
4 |
5 | ||
|
IN TOTAL |
1 |
|||||||
|
small 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 (CIS) |
13 |
|||||||
|
For citizens of foreign countries |
14 |
|||||||
|
For stateless persons |
15 |
|||||||
|
On cases on equity in construction |
16 |
|||||||
|
The cases considered in state language |
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 persons with disability |
26 |
|||||||
|
On cases with participation of women |
27 |
|||||||
|
For minors |
28 |
|||||||
|
For mandative production from among crimes |
29 |
|||||||
|
For mandative production from among offenses |
30 |
|||||||
|
All articles of the Criminal Code of RK |
31 |
|||||||
|
Other offenses |
32 |
|||||||
|
In all respects the Criminal Code of Kazakhstan in edition of 1997 |
33 |
|||||||
continuation of the table
|
about cancellation of conviction and the resolution of new conviction |
about cancellation of the verdict of not guilty and the resolution of conviction |
about cancellation of the verdict of not guilty and the resolution of the new verdict of not guilty |
about cancellation of sentence and about the direction of case on new judicial review |
from them verdicts of not guilty |
about cancellation of sentence and about the direction of case to the prosecutor according to article 323 Code of Criminal Procedure RK) |
from them verdicts of not guilty |
It is cancelled sentences with suit abatement | |
|
in the absence of event, structure of offense or absence of proof |
on other bases (except for columns 15-18) | |||||||
|
6 |
7 |
8 |
9 |
10 |
11 |
12 |
13 |
14 |
continuation of the table
|
It is stopped cases with cancellation of sentence |
Sentences are cancelled in type (from the column 4) |
It is cancelled sentences according to appeal petitions of the prosecutor (from гр. 4) |
from column 24 | ||||||||
|
in view of change of the legislation |
owing to the act of amnesty |
on other bases which are not depending on the judge (Items 4), 5), 6), 10) and Items 11) parts 1 of article 35 Code of Criminal Procedure RK, part 3 Articles 439, parts 5 of article 429 Code of Criminal Procedure) |
in connection with conciliation, including according to the procedure of mediation |
unilaterality or incompleteness of court investigation |
discrepancies of the conclusions of court stated in sentence, to the actual facts of the case |
fundamental breach of the criminal procedure law |
wrong application of the penal statute |
discrepancies of punishment of weight of criminal offense and identity of the convict |
with complete satisfaction of arguments of the appeal petition of the prosecutor |
with partial satisfaction of arguments of the appeal petition of the prosecutor | |
|
15 |
16 |
17 |
18 |
19 |
20 |
21 |
22 |
23 |
24 |
25 |
26 |
continuation of the table
|
In total it is changed sentences (except for columns 44, 45) |
Sentences are changed in type (from the column 27) |
Sentences are changed and the penalty imposed by court and type of organization of criminal executive system is commuted |
Sentences using the law on less heavy offense are changed and penalty according to the changed qualification is imposed and penalty according to the changed qualification is imposed |
Sentences are changed and the amount of punishment is increased if its increase is connected with elimination of arithmetic mistakes or mistakes when offsetting preliminary detention, with elimination of the wrong application of the penal statute regulating assignment of punishment on set of criminal offenses or on cumulative sentences and also recurrence of crimes | ||||
|
unilaterality and incompleteness of court investigation |
discrepancies of the conclusions of court stated in sentence, actual the facts of the case |
fundamental breach of the criminal procedure law |
wrong application of the penal legislation |
discrepancy of punishment of weight of offense and identity of the convict | ||||
|
27 |
28 |
29 |
30 |
31 |
32 |
33 |
34 |
35 |
continuation of the table
|
Sentences using additional punishment in case of correctly established circumstances, complete research and the analysis of proofs, the correct legal qualification of actions of the convict and correctly imposed primary punishment are changed |
The sentence with appointment cancellation is changed the convict of softer type of organization of criminal executive system, than it is provided by the law and purpose of type of criminal and corrective system according to the Criminal Code of Kazakhstan |
Sentences with recognition of availability of the corresponding recurrence of crimes are changed if it was not made or made incorrectly by Trial Court |
Sentences with cancellation of conditional condemnation or delay of serving sentence are changed |
Sentences with cancellation according to part 5 of the article 64 Criminal Code of Kazakhstan conditional condemnation on the previous sentence or with cancellation according to part 5 of article 69 UK of release from criminal liability on the previous sentence and with respect thereto to impose penalty by rules of article 60 UK are changed if it was not made by Trial Court |
Sentences in the cases provided by Items 2) and 3) of part 7 of the article 72 Criminal Code of Kazakhstan are changed conditional and early condemnation is cancelled and penalty on the article 60 Criminal Code of Kazakhstan is imposed |
Sentences and entering into sentence of change in part of the civil action, and also concerning collection of procedural costs, the decision on physical evidences are changed |
Sentences using according to the article 98 Criminal Code of Kazakhstan of enforcement powers of medical nature are changed |
In view of change of the legislation |
|
36 |
37 |
38 |
39 |
40 |
41 |
42 |
43 |
44 |
continuation of the table
|
In view of the act of amnesty |
It is changed according to the appeal petition of the prosecutor (from the column 27) |
from column 46 |
Other decrees are issued |
After review in higher instance the decision is made | ||||
|
with complete satisfaction of arguments according to the appeal petition of the prosecutor |
with partial satisfaction of arguments according to the appeal petition of the prosecutor | |||||||
|
about diversion |
about removal of conviction |
about pronouncement of the verdict of not guilty |
others | |||||
|
45 |
46 |
47 |
48 |
49 |
50 |
51 |
52 |
53 |
to the List of some orders of the Attorney-General of the Republic of Kazakhstan in the field of legal statistics and special accounting to which changes are made
form
Form No. 6 "Report for work of Appeal Courts on consideration of criminal cases"
Section 4 "Results of Consideration of Claims and Petitions of the Prosecutor to Resolutions of Trial Courts (on Persons)"
|
NAME |
line number |
Number of persons concerning whom resolutions are considered by board |
Number of persons concerning whom resolutions are appealed and introduced petitions of the prosecutor (from the column 1) |
Number of persons concerning whom resolutions are left without change |
including are left without change of the resolution of Trial Courts on diversion |
In total it is cancelled resolutions (except for the columns 14,15) |
according to petitions of prosecutors (from the column 5) |
from column 6 | ||
|
with complete satisfaction of arguments of the petition of the prosecutor | ||||||||||
|
And |
B |
1 |
2 |
3 |
4 |
5 |
6 |
7 | ||
|
IN TOTAL |
1 |
|||||||||
|
small 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 (CIS) |
13 |
|||||||||
|
For citizens of foreign countries |
14 |
|||||||||
|
For stateless persons |
15 |
|||||||||
|
On cases on equity in construction |
16 |
|||||||||
|
The cases considered in state language |
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 persons, with disability |
26 |
|||||||||
|
On cases with participation of women |
27 |
|||||||||
|
For minors |
28 |
|||||||||
|
For mandative production from among crimes |
29 |
|||||||||
|
For mandative production from among offenses |
30 |
|||||||||
|
All articles of the Criminal Code of RK |
31 |
|||||||||
|
Other offenses |
32 |
|||||||||
|
In all respects the Criminal Code of Kazakhstan in edition of 1997 |
33 |
|||||||||
continuation of the table
|
from column 6 |
Cancellation of the resolution with adoption of the new resolution |
Resolutions are repealed with the direction of case to the prosecutor according to article 323 Code of Criminal Procedure RK |
Resolutions are repealed with the direction of case on new judicial review |
In total it is cancelled with diversion |
Resolutions of Trial Courts on diversion are repealed | |||||
|
with partial satisfaction of arguments of the petition of the prosecutor |
in the absence of event or structure of criminal offense |
behind absence of proof |
in view of change of the legislation or under amnesty |
on other bases which are not depending on the judge |
in view of refusal of accusation |
on other bases | ||||
|
8 |
9 |
10 |
11 |
12 |
13 |
14 |
15 |
16 |
17 |
18 |
continuation of the table
|
It is cancelled (from the column 5) |
In total it is changed resolutions (except for columns 30) |
from column 24 | |||||
|
In view of unilaterality or incompleteness of court investigation |
In view of discrepancy of the conclusions of court stated in the resolution to the actual facts of the case |
In view of fundamental breach of the criminal procedure law |
In view of the wrong application of the penal statute |
In view of discrepancy of punishment of weight of criminal offense and the identity of the convict |
including on protest |
with complete satisfaction of arguments of protest | |
|
19 |
20 |
21 |
22 |
23 |
24 |
25 |
26 |
continuation of the table
|
from column 24 |
It is changed in view of change of the legislation or amnesty |
Other resolutions of Trial Courts according to private claims, petitions of the prosecutor are left without change |
Other resolutions of Trial Courts according to private claims, petitions of the prosecutor are repealed |
Other resolutions of Trial Courts according to private claims, according to petitions of the prosecutor are changed |
The decree after review by higher instance is issued | ||
|
with partial satisfaction of arguments of protest |
the resolution with adoption of the new resolution is changed |
on other bases of change | |||||
|
27 |
28 |
29 |
30 |
31 |
32 |
33 |
34 |
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.