Criminal courts of first instance in the Republic of Kazakhstan: jurisdiction and private prosecution

Автор: Gilmanov Idris Mukhamatyunusovich, Gilmanov Mukhamat Mukhamatyunusovich

Журнал: Теория и практика общественного развития @teoria-practica

Рубрика: Право

Статья в выпуске: 9, 2019 года.

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It is a well-known fact that international instruments include the requirements of compliance with the rules of jurisdiction which are carried out by the legislator of Kazakhstan. In Article 10 of the Criminal Code of Kazakhstan, the legislator has provided for the concept of misdemeanor and arrest as the maximum punishment for committing it. Another option implies the application of misdemeanor as a separate article. However, it is necessary to provide for summary procedure despite the availability of accelerated pre-trial investigation stipulated in Article 190 of the Criminal Procedure Court of the Republic of Kazakhstan. Most states have become convinced of the practicality and cost-effectiveness of summary procedure at inquiry, pre-trial, and trial stages. Simplified and expedited options save time needed to deal with more complex cases and reduce both court and pre-trial costs. The authors compare Kazakh laws with Russian legislation. They examine the jurisdiction of criminal courts in Russia based on Article 31 of the Criminal Procedure Code of the Russian Federation. The study presents a list of corpora delicti of the Criminal Code of the Russian Federation. Thus, no corpus delicti can remain unreached and undistributed. If one reveals that the rules of jurisdiction have been violated, the verdict will be automatically canceled.

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Judiciary, jurisdiction of courts, courts of first instance, investigating magistrate, misdemeanor, categories of crimes, minor offenses, private prosecution

Короткий адрес: https://sciup.org/149132891

IDR: 149132891   |   DOI: 10.24158/tipor.2019.9.8

Статья научная