Writ Proceedings in Criminal Cases: A Comparative Legal Study of Kazakh Legislation
Summary: 1. Introduction. – 2. Methodology of the Study. – 3. Writ Proceedings in the Criminal Procedure Legislation of the Republic of Kazakhstan. – 3.1 Procedure for Imposing and Enforcing Punishments in Criminal Cases Considered in Writ Proceedings. – 3.2 Conditions for the allocation of elements of criminal offences to be considered in the order of writ proceedings. – 3.3 The problem of clarifying the rights and obligations of the subject of criminal offences in cases of writ proceedings. – 4. Conclusions.
Abstract
Background: Over the past decade, the criminal process of Kazakhstan has undergone significant modernisation, during which many new institutions have been implemented, prescribed, and introduced into national legislation, one of which is writ proceedings in criminal cases.
The institution of writ proceedings in the criminal process of Kazakhstan is a type of simplified proceedings that can be applied to criminal offences and criminal cases of minor gravity. One of the main characteristics of writ proceedings is the possibility of considering a criminal case in court without the participation of the accused.
Methods: The article uses system-structural, formal-logical, comparative-legal, and dialectical research methods. Currently, law enforcement officers have a number of questions regarding the effectiveness of writs in criminal proceedings. In response, the authors of the article offer a constructive and critical approach to solving problems and reject the untenable, irrational, and radical methods presented by some Kazakhstani scientists and practitioners. Moreover, the analysis of successfully tested foreign legislation, in which institutions similar to writ production are actively used, has shown the effectiveness of their application. A comparative legal study of the legislation of Switzerland and Japan was also conducted.
Results and Conclusions: In the article, the authors propose to consider a set of measures to improve the institution of writ proceedings in the criminal process of the Republic of Kazakhstan.
About Authors
Lyazzat Nurlumbayeva
Doctoral student, Faculty of Law, LN Gumilyov Eurasian National University, Kazakhstan, Nur-Sultan, Kazakhstan
nurlumbaeva.l@zqai.kz
https://orcid.org/ 0000-0003-4904-5747
Corresponding author, responsible for conceptualization and writing. Competing interests: Any competing interests were declared. Disclaimer: The author declares that her opinion and views expressed in this manuscript are free of any impact of any organizations.
Translation: The content of this article was translated with the participation of third parties under the authors’ supervision.
Arstan Akhpanov
Dr. Sc. of Law, Professor, Professor of the LN Gumilyov Eurasian National University, Chief Researcher at the Institute of Legislation and Legal Information of the Republic of Kazakhstan, Nur-Sultan, Kazakhstan ahpanov_a@gmail.com https://orcid.org/0000-0003-3256-8875?lang=en
Co-author, responsible for conceptualization, methodology and writing. Competing interests: Any competing interests were declared. Disclaimer: Although the author serves as a Member of the Scientific Advisory Council under the Supreme Court of the Republic of Kazakhstan, his opinion and views expressed in this manuscript are free of any impact of the Court and the Council.
Managing editor – Dr. Oksana Uhrynovska. English Editor – Dr. Sarah White.
Copyright: © 2023 Lyazzat Nurlumbayeva, Arstan Akhpanov. This is an open access article distributed under the terms of the Creative Commons Attribution License, (CC BY 4.0), which permits unrestricted use, distribution, and reproduction in any medium, provided the original author and source are credited.
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How to cite it?
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Lyazzat Nurlumbayeva, Arstan Akhpanov ‘Writ Proceedings in Criminal Cases: A Comparative Legal Study of Kazakh Legislation’ 2023 1 (18) Access to Justice in Eastern Europe 136-146. https://doi.org/10.33327/AJEE-18-6.1-n000112
