What has changed in the Criminal and Criminal procedure codes?

On the eve of the new year 2020, the President of our country signed the Law " on amendments and additions to certain legislative acts Commonwealths Kazakhstan on improving criminal and criminal procedure legislation and strengthening the protection of individual rights", which entered into force on January 11, 2020.

 

For the Criminal code, we would like to start by adding an explanation of the concept of "official document"in article 3. First of all, this will affect the issues of forgery of medical documents and certificates. Previously, many such cases were stopped because they were not related to official documents.

For committing transport crimes that caused the death of two or more persons, as well as driving under the influence of alcohol without a license (part 4 of article 345-1 of the criminal code " Violation of traffic rules by persons driving vehicles under the influence of alcohol that caused the death of two or more persons by negligence "(new version) and article 346 of the criminal code – " Driving a vehicle by a person deprived of the right to drive vehicles while intoxicated») in addition to the main punishment, they will be deprived of the right to drive a vehicle for life.

According to the data, according to article 346 of the criminal code, 2.5 thousand cases are sent to the court annually (2015-2335, 2016-2667, 2017-2722, 2018-2737, 2019-2320) .

Changed the procedure for ending corruption crimes for active repentance. If an investigator could have done this earlier, the law refers it to the exclusive right of the court.

Over the past 5 years, 634 cases were terminated at the pre-trial stage for active remorse (2015-197, 2016 -195, 2017-96, 2018 -111, 2019 -135)

The procedure for reconciliation of the parties has also been revised.

If a person has reconciled with the victim, but during the period of limitation of criminal liability, again commits a deliberate crime, then they will not be able to reconcile again.

If you look at the statistics, since 2015, 30,715 persons have been repeatedly released from criminal liability for reconciliation with victims.

In addition, this Law toughens the responsibility for a number of crimes, especially crimes against young children.

According to the adopted amendments, for the Commission of rape or sexual violence against a young child, the responsibility is provided for up to 20 years or life imprisonment. The same penalty is provided for the murder of young children.

Rape and sexual violence were transferred from the category of medium-gravity crimes with a maximum sentence of five years in prison to the category of serious crimes (with a penalty of five to eight years ' imprisonment) without the possibility of reconciliation.

In addition, the responsibility for the Commission of thefts, robberies and robberies committed by entering a room, storage or vehicle is increased. They were transferred to the category of serious crimes, now they also exclude the possibility of reconciliation.

Illegal hunting and illegal fishing are transferred from the criminal offense within the category of crimes of average weight. They are subject to up to four years in prison and (or) a fine of up to 10 million tenge. The responsibility for aggravated poaching and for the use of violence, as well as encroachment on the life of the state inspector for the protection of the animal world, is being tightened.

It also introduces an article on propaganda and illegal advertising of drugs (article 299-1 of the criminal code), which provides for imprisonment for up to six years. In addition, the articles providing for liability for illegal traffic (article 297 of the criminal code) and inducement to use drugs (article 299 of the criminal code) introduced new qualifying features — "use of electronic information resources" and "in public places".

It should be noted that drug trafficking via the Internet, in night clubs, cafes, parks will be punishable by up to 15 years in prison, and the sale of drugs in the same way to a minor – life imprisonment.

It is important to note that the adopted amendments strengthen the responsibility for falsifying evidence on the facts of sexual violence against children, as well as for concealment and failure to report them.

 

According to the code of Criminal procedure, torture that did not cause moderate or serious harm to health is transferred from the category of private to public prosecution (article 32 of the code of criminal procedure). To terminate the case for the death of a person, in addition to the opinion of legal representatives, it will also be necessary to seek consent from a spouse or close relative, or guardian.

To avoid different interpretations, it was expressly stipulated that the interruption of deadlines does not prevent the conduct of operational activities or secret investigative actions.

The rights of a witness who has the right to defense have been expanded, since their status in criminal proceedings is identical to that of a suspect (article 78 of the CPC).

The heads of the investigative Department and the body of inquiry will have the same responsibilities as prosecutors when considering complaints from participants in the process.

Not only the instruments of the crime, but also the means are provided as material evidence and the subject of confiscation. This rule will allow you to confiscate cars, boats of poachers, as well as other means by which crimes are committed.

In the report of the person's detention, the investigative body will be required to specify the period of detention. This will allow prosecutors to better control them

When applying bail, the suspect is also subject to additional requirements to prevent the Commission of criminal offenses.

The right of the Prosecutor to question the detained person is introduced. This power was previously held by prosecutors and was an effective way to find out the identity of the criminal.

The investigation body will also be required to notify our Ministry of foreign Affairs about the application of detention to an alien. And they will continue to notify foreign authorities.

The basis for registration in the ERDR will be not only a private decision, but also a private court ruling issued in civil proceedings.

Also, according to the new rules of the law, now secret investigative actions (hereinafter-NSD) do not restrict the rights of persons to conduct an accelerated investigation and defendants to impose criminal penalties no more than half of the maximum term.

In order to stop illegal NSDS authorized by the court, the Prosecutor will appeal to the investigating judge. The Prosecutor stops unauthorized NSD independently.

The time limit for questioning pregnant women or dependent young children, women aged 58 and over, and men aged 63 and above has been reduced (Continuous questioning should not exceed 3 hours, and the total duration of questioning should not exceed 5 hours).

A separate article is introduced that provides for the specifics of questioning a witness who has the right to defense. He will be informed of the substance of the statement or evidence that points to him, as well as his rights, including refusing to give evidence.

The deadlines for the implementation of physical evidence, the storage of which requires significant costs, are excluded. The investigation body will not wait for 6 months, but can immediately organize their implementation.

Covert introduction or imitation of criminal activity will not be a covert investigative action.

When handing over the indictment by the Prosecutor, the receipt must indicate an explanation of the accused's rights.

In cases of criminal misdemeanors, the procedure for proceeding is changing. Now the Protocol will be drawn up within 10 days from the moment of questioning the suspect.

If the investigation body does not have time to complete the case in Protocol form within the established time frame, it has the right to appoint not only an inquiry, but also a preliminary investigation.

If the qualification changes from a crime to a criminal misdemeanor, the case will be completed by drawing up a Protocol.

Terms for entering into agreements in the form of a plea bargain are being introduced. Now the Prosecutor will be required to make a decision within 7 days from the date of receipt of the case.

 

In addition to the above, other important amendments have been made to the current legislation with amendments and additions.

 

Aktobe transport Prosecutor Ordabaev A. A.