Commentary to article 168. Application of the rules on the grounds, conditions, scope and method of compensation for damages The Criminal Procedure Code of the Republic of Kazakhstan

1 When considering a civil claim filed in a criminal case, the grounds, conditions, scope and method of compensation for damage shall be determined in accordance with the norms of civil, labor and other legislation.

2 If an international treaty ratified by the Republic of Kazakhstan establishes rules other than those contained in this Code, the rules of the international treaty shall apply.

1. Since property damage, which was the basis for filing a civil claim in criminal proceedings, may have a different legal nature, the commented article of the CPC provides that the conditions and method of its compensation, depending on the specific situation, are determined in accordance with the norms of civil, labor and other legislation.

2. In cases stipulated by international treaties ratified by the Republic of Kazakhstan, international legal norms and legislation of foreign states shall be applied accordingly. The general grounds for liability for harm are defined by Chapter 47 of the Special Part of the Civil Code of the Republic of Kazakhstan.

Commentary to the Criminal Procedure Code of the Republic of Kazakhstan from the Supreme Court of the Republic of Kazakhstan

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