Commentary on Article 159. Monetary Penalty of the Criminal Procedure Code of the Republic of Kazakhstan
- For failure to perform procedural duties provided for in Articles 71, 78, 80, 81, 82, 90, 142, 144, 156 and 165 of this Code, and for violation of courtroom order, a monetary penalty may be imposed on the victim, witness, specialist, interpreter and other persons, with the exception of an advocate, prosecutor and defendant, in the amount and according to the procedure established by Article 160 of this Code.
- A monetary penalty is a fairly effective measure of procedural coercion, applied for the purpose of ensuring the normal course of proceedings in a case. Its application does not take much time, but contributes to the proper resolution of a criminal case. A monetary penalty is imposed by the body conducting the criminal proceedings at any stage thereof, in accordance with the procedure established by Article 160 of the CPC.
- In pre-trial criminal proceedings, a monetary penalty is imposed by investigating judges at the place where the offence was committed, on the basis of reports drawn up by the bodies of inquiry, the investigator or the prosecutor, and is generally applied for failure to perform procedural duties to the following participants in the proceedings: the victim, witness, interpreter, attesting witness, personal guarantor, legal representatives, suspect and accused.
- During a court hearing, when considering a case, if courtroom order is violated, the orders of the presiding judge are disobeyed, or other actions (inaction) are committed that clearly demonstrate disrespect for the court (without containing the elements of a criminal offence), the court has the right, directly in the courtroom, by its ruling, to subject any person found guilty of such conduct (not only a participant in the proceedings) to a monetary penalty in accordance with the procedure set out in Article 160 of the CPC, or to remove that person from the courtroom. Removal may be carried out in respect of any participant in the proceedings or any other person, except for the prosecutor and defence counsel. Such actions of the judge are recorded in the minutes of the main court hearing. The court's decision to impose a monetary penalty, however, is formalized in all cases as a separate reasoned ruling. At the same time, a monetary penalty may not be imposed during a court hearing on the defendant, advocate or prosecutor (Articles 346–347 of the CPC).
- Commentary of 2020 on the Criminal Procedure Code of the Republic of Kazakhstan by Marat Chekishevich Kogamov, Doctor of Law, Honorary Lawyer of Kazakhstan, Professor, Academician of the Kazakhstan National Academy of Natural Sciences, Honoured Employee of the Ministry of Internal Affairs of the Republic of Kazakhstan.
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