Commentary to article 169. Return of the statement of claim, waiver of the claim The Criminal Procedure Code of the Republic of Kazakhstan
1 A civil plaintiff has the right to request the return of a statement of claim at any stage of the criminal process. The application for the return of the statement of claim is submitted in writing and attached to the criminal case. If the return of the statement of claim is announced at a court hearing, it is recorded in the minutes of the court session.
2 The return of the statement of claim shall entail the termination of the stay of the relevant persons in the position of the civil plaintiff and the civil defendant, on which the body conducting the criminal proceedings shall issue a resolution.
3 The return of the statement of claim may not be accepted by the court if the defendant demands that it be considered on its merits.
4. The civil plaintiff's statement of dismissal of the claim at the stage of pre-trial proceedings in a criminal case shall be submitted in writing and attached to the materials of the criminal case. If the civil plaintiff's refusal of the claim is expressed in a court hearing, it is recorded in the minutes of the court session.
5 A waiver of a claim may be accepted by the court with a ruling at any time during the trial, but before the court is removed to the deliberation room for sentencing.
6 Before accepting a waiver of a claim, the court is obliged to explain to the civil plaintiff that accepting a waiver of a claim entails termination of proceedings on it and excludes a second appeal to the court on a dispute between the same parties, on the same subject and on the same grounds, including in civil proceedings.
7 The court does not accept the civil plaintiff's refusal from the claim if these actions contradict the law or violate someone's rights and legally protected interests, and issues a reasoned decision on this.
1. A civil plaintiff, as well as a prosecutor who has filed a claim in the interests of someone, has the right to declare the return of the statement of claim or the dismissal of the claim at any time during the criminal proceedings, but before the court is removed to the conference room. A request for the return of a statement of claim or a waiver of a civil claim, as a rule, must be set out in a written statement by the civil plaintiff, and at a court hearing his oral statement about this is recorded in the minutes of the court session. The return of the statement of claim entails the termination of the stay of the relevant persons in the position of the civil plaintiff and the civil defendant, which the body conducting the criminal proceedings issues a resolution. The return of the statement of claim may not be accepted by the court if the defendant demands that it be considered on its merits.
2. The body conducting the criminal proceedings is obliged to explain to the plaintiff the consequences of rejecting a civil claim and, when deciding whether to accept a waiver of a civil claim, must be guided by Article 169 of the CPC and not accept a refusal if it contradicts the law or would entail a violation of someone's rights or legitimate interests.
The acceptance of a waiver of a claim entails the termination of criminal proceedings in this part and the participation of the plaintiff as a civil plaintiff. If the prosecutor refuses to file a claim in the interests of other persons, these persons, who have been harmed by a crime or an act of an insane person, have the right to file a civil claim in a criminal case independently or through civil proceedings.
On the issue of acceptance or non-acceptance of a waiver of a claim, the body conducting the criminal proceedings, in accordance with the specified article of the CPC, issues a reasoned decision. The above-mentioned decision may be made by the court during the trial in compliance with the rules specified in article 344 of the CPC, or when making a final decision on the case.
Commentary to the Criminal Procedure Code of the Republic of Kazakhstan from the Supreme Court of the Republic of Kazakhstan
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