of August 15, 2002 No. 19
About the adjudication
The adjudication - the most important act of application of the right which sums up the result of all prior criminal proceeding. Owing to the constitutional provisions the sentence is decided on behalf of the Republic of Kazakhstan, shall be legal and reasonable.
Studying of practice of creation of sentences showed that most of them is decided with observance of requirements of the law. At the same time, cases when courts in case of creation of sentences do not fulfill requirements of the law imposed to its form and content that attracts their change and cancellation are frequent.
The Supreme Court of the Republic of Kazakhstan, having discussed results of generalization of court practice, for the purpose of elimination of the available shortcomings and improvement of quality of sentences
decides:
1. According to the law the sentence is the decision on criminal case passed on behalf of the Republic of Kazakhstan in judicial session by court of the first and appellate instance concerning guilt or innocence of the defendant and about application or non-use to it criminal penalty with respect for the principles of justice specified in Item 3 of article 77 of the Constitution of the Republic of Kazakhstan (daleekonstitution) and Chapter 2 of the Code of penal procedure of the Republic of Kazakhstan (further - the Code of Criminal Procedure).
In case of decision making, provided by the Items 4)-6) of part one of article 411 Code of Criminal Procedure appellate instance the decree on cancellation of sentence (resolution) of Trial Court is issued, and then with observance of requirements of Chapter 44 of the Code of Criminal Procedure the new sentence is decided.
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The document ceased to be valid since May 29, 2018 according to Item 55 of the Normative Resolution of the Supreme Court of the Republic of Kazakhstan of April 20, 2018 No. 4