NORMATIVE RESOLUTION OF THE SUPREME COURT OF THE REPUBLIC OF KAZAKHSTAN

of December 25, 2006 No. 13

About court practice for private prosecution

For the purpose of uniform and correct application of the legislation in case of production on criminal cases of private prosecution, and in connection with the questions arising in court practice, the plenary session of the Supreme Court of the Republic of Kazakhstan decides:

1. To courts in case of production on criminal cases of private prosecution it is necessary to observe precisely and steadily requirements of the law, for the purpose of providing the right of everyone to judicial protection of their honor, advantage, security of person and other constitutional rights.

2. Reason for excitement of private prosecution is the claim of the victim: the physical person which reached 18-year age, the legal entity, legal representatives and representatives of the victim specified in Article 71, 76 Codes of penal procedure of the Republic of Kazakhstan (further - the Code of Criminal Procedure).

According to part four of article 32 Code of Criminal Procedure production for private prosecution can be initiated by the prosecutor and in the absence of the claim of the victim if act infringes on interests of person which is in helpless or dependent condition or not capable independently to use the rights belonging to it for other reasons.

Courts should mean that in case of production for private prosecution concerning persons having privileges and immunity from prosecution the features of production provided by Chapter 57 of the Code of Criminal Procedure are effective.

Private prosecution concerning persons having privileges and immunity from prosecution are initiated only by the prosecutor according to the procedure and on the bases provided by the law.

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