of December 25, 2006 No. 11
About qualification of not momentariness and set of criminal offenses
For the purpose of development of uniformity in application of regulations of the penal statute about qualification of not momentariness and set of criminal offenses the plenary session of the Supreme Court of the Republic of Kazakhstan decides:
1. The correct application of the penal statute provides protection against insubstantial accusation and condemnation of citizens, and also appointment as the defendant of punishment fair, proportional to deeds. Therefore in case of several criminal offenses made by the same person it is necessary to find out circumstances, necessary for the correct application of the penal statute, and to qualify deeds taking into account provisions of articles 12 and 13 of the Criminal Code of Kazakhstan (further - UK) which contain determinations of the continued criminal offense, not momentariness of criminal offenses, real and ideal set of criminal offenses.
2. Not momentariness assumes making by the same person of several criminal offenses provided by the same Article or the same part of Article of the Special part of UK.
The criminal offense is not recognized committed repeatedly if person was condemned for earlier made criminal offense, or is exempted from criminal liability on the bases, the established law.
The crime and criminal offense do not form among themselves not momentariness.
In case of qualification of act on the basis of not momentariness or recognition of not momentariness of crimes according to Item 1) part one of article 54 UK the circumstance aggravating criminal liability and punishment of the guilty person should recognize that the crime is recognized committed repeatedly if it took place earlier as the ended identical crime, and attempt at it, soispolnitelstvo or partnership in this crime.
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