of July 7, 2016 No. 4
About practice of consideration by courts of criminal cases in conciliatory production
Having discussed practice of courts on consideration of criminal cases in conciliatory production, for the purpose of ensuring unity of court practice and the correct application of the legislation in case of the conclusion of the procedural agreement in the form of the transaction on recognition of fault and consideration of criminal cases by courts in conciliatory production, the plenary session of the Supreme Court of the Republic of Kazakhstan
decides:
1. Explain that main objective of the conclusion of the procedural agreement in the form of the transaction on recognition of fault (further - the agreement on recognition of fault) is bystry and complete disclosure, investigation of crimes and operational accomplishment other stipulated in Article 8 Codes of penal procedure of the Republic of Kazakhstan (further - the Code of Criminal Procedure) tasks of criminal procedure by the accelerated pre-judicial production and implementation of legal proceedings of case in the reduced procedure in accordance with the terms of the signed agreement in case of strict observance of the principles of legality, judicial protection of rights and freedoms of man and citizen, presumption of innocence and other main beginnings of criminal procedure.
2. The agreement on recognition of fault can be signed only concerning crime of small or average weight or serious crime or their set.
According to requirements of Item 1) of part two of article 613 Code of Criminal Procedure agreement signature about recognition of fault is not allowed if the cumulative offenses take place, at least one of which belongs to the category especially heavy or the suspect, the person accused, the defendant does not agree with suspicion, accusation in making at least of one crime entering set.
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