NORMATIVE RESOLUTION OF THE SUPREME COURT OF THE REPUBLIC OF KAZAKHSTAN

of December 13, 2001 No. 19

About return of criminal cases by courts for additional investigation

Having discussed results of generalization of court practice about return of criminal cases for additional investigation, the plenary session of the Supreme Court of the Republic of Kazakhstan notes that annually courts of the republic the insignificant number of the considered cases goes for additional investigation.

In most cases resolutions of courts on need of additional investigation of cases are not disputed and accepted by criminal prosecution authorities to execution that demonstrates the correct application of Art. 303 of the Code of Criminal Procedure by courts. At the same time take place and cases of the unreasonable direction of cases for additional investigation. In spite of the fact that the law determines the exhaustive bases, courts return cases for additional investigation on the bases which are not specified in the law and including because of incompleteness of pretrial investigation, in the absence of petitions of the parties at the initiative of court from stage of the main legal proceedings.

Separate courts return cases for additional investigation in the absence of the fundamental breaches of the criminal procedure law interfering purpose of the main legal proceedings.

Some resolutions of courts do not conform to requirements of the criminal procedure law imposed to procedural documents. In resolutions it is not always specified according to whose petitions on what bases the decision on need of additional legal investigation is made, the data confirming conclusions of court and motives of the made decision are not provided.

For the purpose of ensuring the correct and uniform application of the regulations of the criminal procedure law regulating return of cases for additional investigation, the plenary session of the Supreme Court of the Republic of Kazakhstan decides:

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