of December 25, 2007 No. 8
About application by courts of the legislation on recurrence of crimes
For the purpose of ensuring the correct and uniform application of the penal legislation about the determination of type of recurrence and consequence in law connected with recurrence, the plenary session of the Supreme Court of the Republic of Kazakhstan DECIDES:
1. According to article 14 of the Criminal Code of Kazakhstan (further - UK) recurrence of crimes committing by person of serious crime is recognized if earlier this person was condemned to imprisonment for making of serious crime. Dangerous recurrence of crimes committing by person is recognized: serious crime if earlier this person was twice condemned to imprisonment for making of serious crime or it was condemned for especially serious crime; especially serious crime if earlier it was condemned to imprisonment for heavy or especially serious crime.
2. Consideration of question of availability at the defendant of recurrence of crimes and adoption of the relevant decision is not the right, but obligation of court therefore in all cases when there are bases provided by the law, the court shall give in descriptive and motivation part of sentence the corresponding motives and the bases with indication of not removed and unspent convictions, weight of the previous and again committed crimes, and in substantive provisions of sentence to state the decision on recognition of the corresponding type of recurrence of crimes with reference to the corresponding Item and part of article 14 UK.
If the court, having brought in motivation part of sentence of the basis for recognition of recurrence, in substantive provisions of sentence did not specify the decision on recognition in actions of the defendant of the corresponding type of recurrence, it is necessary to consider that court the recurrence of crimes is not recognized as this sentence.
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.