NORMATIVE RESOLUTION OF THE SUPREME COURT OF THE REPUBLIC OF KAZAKHSTAN

of November 25, 2016 No. 10

About modification and amendments in the normative resolution of the Supreme Court of the Republic of Kazakhstan of December 19, 2003 No. 11 "About practice of pronouncement of private resolutions by courts on criminal cases"

1. Bring in the normative resolution of the Supreme Court of the Republic of Kazakhstan of December 19, 2003 No. 11 "About practice of pronouncement of private resolutions by courts on criminal cases" (with changes and additions made by normative resolutions of the Supreme Court of the Republic of Kazakhstan of December 22, 2008 No. 21, of June 26, 2010 No. 13, of April 4, 2013 No. 2, of December 24, 2014 No. 4) the following changes and amendments:

1) in all text changes in state language are made, the text in Russian does not change;

Item 5 to state 2) in the following edition:

"5. According to parts 4 and 5 of article 53 Code of Criminal Procedure courts of the first, appeal and cassation instances in case of establishment of the circumstances specified in article 405 Code of Criminal Procedure issue the private decree which is performed according to part 6 of article 471 Code of Criminal Procedure.";

To add 3) with Items 5-1 and 5-2 of the following content:

"5-1. The investigative judge when implementing the stipulated in Article 55 Codes of Criminal Procedure of powers has the right to issue the private decree on the bases specified in part 6 of article 56 Code of Criminal Procedure. At the same time the investigative judge shall not determine questions which can be cognizance item in case of permission of criminal case in essence, including draw conclusions about validity or absence of proof of fault, about relevancy, admissibility, reliability and sufficiency of collected proofs on case.

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