Information regarding the regulatory resolution of the Constitutional Court
(No. 47-NP of 5 July 2024)
The Constitutional Court considered a citizen's appeal to check the constitutionality of part four of Article 127 of the Code of Criminal Procedure of the Republic of Kazakhstan (‘prejudice’), according to which a ruling of a criminal prosecution body is not binding on the court, except for a ruling to terminate criminal prosecution on the same suspicion.
According to the subject of the appeal, earlier pre-trial investigation was conducted against him and others. Later, criminal prosecution was terminated in respect of some of them. The remaining ones, including the applicant, were found guilty by the court in the criminal case.
According to the author of the appeal, this provision of the Code deprived her of the opportunity to fully protect her rights and interests in court, as it makes the judge dependent on the decision of the criminal prosecution body
After studying the materials of constitutional proceedings, the Constitutional Court concluded that the verified norm complies with the Constitution of the Republic of Kazakhstan. At the same time, it noted the shortcomings of its wording and insufficient consistency with other provisions of the Code relating to this issue.
Previously, the Constitutional Court has repeatedly noted in its final judgements that the law must comply with the requirements of legal precision and predictability of consequences. The norms of the Law must be formulated with sufficient clarity and be based on clear criteria that exclude the possibility of arbitrary interpretation, which is a guarantee of observance and protection of constitutional rights and freedoms of citizens in the framework of criminal prosecution.
On the basis of the above and in order to ensure uniform understanding and application, the Constitutional Court interpreted the fourth part of Article 127 of the Code in accordance with the Constitution and indicated that a different interpretation of this provision is excluded.
At the same time, the Government has been given recommendations on improving the rules of the Code of Criminal Procedure, taking into account the legal positions set out in the adopted normative decision of the Constitutional Court.