of April 20, 2006 No. 4
About some questions of assessment of proofs on criminal cases
For the purpose of uniform application of the criminal procedure law according to proofs on criminal cases, the plenary session of the Supreme Court of the Republic of Kazakhstan DECIDES:
1. The body conducting criminal procedure in case of assessment of proofs on criminal cases shall observe strictly the principles established by the Constitution of the Republic of Kazakhstan and regulations of the Code of penal procedure of the Republic of Kazakhstan (further - the Code of Criminal Procedure).
Violations of the principles of criminal procedure, depending on their nature and materiality, attract the effects specified in article 9 Code of Criminal Procedure.
In these cases, the court in sentence (resolution) shall motivate nature and importance of the broken principle.
2. According to part one of article 111 Code of Criminal Procedure, proofs on case legally obtained actual data on the basis of which in the procedure determined by the criminal procedure law the body conducting criminal procedure establishes availability or lack of criminal action by the suspect, making or non-execution of this act by the suspect, person accused or defendant, their guilt or innocence, and also other circumstances important for the correct permission of case are.
The correct permission of case shall be based only on the actual data established by testimonies of the suspect, person accused, defendant, victim, witness, the witness having right of defense, the expert opinion, physical evidences, protocols of legal proceedings and other documents.
They can be received during operational search activities, check of materials before registration of a statement, the message on criminal offense in the Unified register of pre-judicial investigations, pre-judicial proceeedings and main legal proceedings.
The actual data obtained from the sources which are not provided by the law cannot be recognized quality of proofs.
Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info
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