Summary court proceedings were introduced into the criminal process with the adoption of the Criminal Procedure Code of the Republic of Kazakhstan on December 13, 1997.

The significance of this institution lies in the shortened or simplified procedure for judicial review of criminal cases involving minor, medium gravity, and serious crimes, provided that the defendant fully admits guilt, including the civil claims brought against them, that no violations of the rules established by the Criminal Procedure Code of the Republic of Kazakhstan (hereinafter – the CPC) which infringe upon the rights of participants in the process occurred during the pre-trial proceedings, and also if the participants in the process do not challenge the relevance and admissibility of the evidence collected in the case and do not insist on their examination during the court hearing, as well as in cases of expedited pre-trial investigation, or through a reconciliation agreement reached through mediation.

Turning to global experience in the application of summary proceedings in criminal process, the emergence of this institution itself occurred under the influence of the United States.

According to published data, the majority of all criminal cases in the United States are resolved through plea bargains.

In England, negotiations between the prosecution and defense regarding the defendant's admission of guilt are considered unworthy of professional lawyers and are not disclosed. In contrast, in the United States, these negotiations are recognized as a proper legal procedure and are regulated by official rules.

Referring to European practice, it can be noted that Spain has a fairly long history of imposing punishment with the accused's consent to the charge without a trial, such having been possible since the mid-19th century.

However, in Italy and Germany, such procedures, if introduced, have a very "superficial" history and are characterized by at least a minimal examination of evidence in the court hearing.

The emergence in the criminal process of most countries of procedures aimed at simplifying the ordinary order of legal proceedings is a global trend, caused primarily by the rise in crime and excessive court workloads.

In our legislation, in accordance with Part 2 of Article 382 of the CPC, the summary procedure for judicial review of a case consists only of the interrogation of the defendant and the victim, clarification of the circumstances of the reconciliation agreement reached through mediation, questions regarding the term and procedure for payments under a civil claim, and procedural costs.

Amendments to this article of the CPC were made on December 27, 2019, and December 27, 2021.

Summary judicial proceedings must be completed within a period of up to ten days; in exceptional cases, this period may be extended by a reasoned ruling of the judge to up to twenty days.

Also, according to paragraph 3 of the Normative Resolution of the Supreme Court of the Republic of Kazakhstan No. 17 of November 26, 2004 "On the Consideration of Criminal Cases in Summary Proceedings by Courts" (hereinafter – NRSC), the issue of considering a case in summary proceedings is decided by the court when accepting the case for proceedings after establishing the grounds specified in Part 1 of Article 382 of the CPC, on its own motion, as well as at the beginning of the main trial, taking into account the opinions of the parties. The court's decision is set forth in rulings on scheduling the main trial or directly during the trial.

When deciding to consider a case in summary proceedings, the court must also clarify the issues specified in Articles 319 and 320 of the CPC, in particular:

• whether the case is within the jurisdiction of this court;
• whether the selected preventive measure is subject to change or cancellation;
• whether there are grounds for terminating the case or suspending proceedings in the case;
• whether violations were committed during the inquiry or preliminary investigation, the expedited pre-trial investigation, during the conclusion of a procedural plea agreement, or a reconciliation agreement reached through mediation, that would prevent the scheduling of the main trial, and others.

According to paragraph 7 of the NRSC, the court's decision to consider a case in summary proceedings is set forth in rulings on scheduling the main trial, or in the main court session in the form of a separate document, or by entering it into the minutes of the court session.

Judicial proceedings cannot be conducted in summary proceedings if this could affect the comprehensiveness, completeness, and objectivity of examining circumstances affecting the rights and legitimate interests of other persons who are not parties to the case.

Based on Part 3 of Article 382 of the CPC, if during the interrogation of the accused or the victim in the main trial circumstances are established that require examination during the court hearing, the court may order a full judicial investigation.

From the content of paragraph 9 of the NRSC, it follows that upon establishing substantial violations of criminal procedure legislation that prevent the scheduling of the main trial at the stage of accepting the case for proceedings in court, and for cases of expedited pre-trial investigation, cases with a procedural plea agreement, upon establishing these violations also during the main trial, the court, by a reasoned ruling, returns the case to the prosecutor to eliminate them in accordance with Article 323 of the CPC.

In particular, the NRSC refers to the grounds provided for in Part 6 of Article 190 of the CPC as obstacles to conducting the main trial in cases of expedited pre-trial investigation, namely that expedited pre-trial investigation does not apply:

1. to a set of criminal offenses where at least one of them is particularly serious;
2. to persons who do not speak the language in which the legal proceedings are conducted;
3. to persons enjoying privileges and immunity from criminal prosecution;
4. in case of non-admission of guilt by at least one of the accomplices in the criminal offense;
5. to criminal offenses committed by minors or persons who, due to their physical or mental disabilities, cannot independently exercise their right to defense.

Furthermore, an obstacle to conducting the main trial in cases of expedited pre-trial investigation is the violation of the conditions specified in Article 613 of the CPC for cases with a procedural plea agreement.

In the summary procedure for considering a case, the court has the right to render either a conviction or an acquittal, to terminate the case, or to release the convicted person from punishment on the grounds provided for by law.

Since the summary procedure for considering cases presupposes the defendant's admission of guilt, courts have the right to take this circumstance into account when imposing punishment as mitigating criminal liability and punishment.

Summary proceedings allow for saving procedural resources, effort, and time for both participants in criminal proceedings and the court. Another positive aspect is the expansion of the dispositive principles of criminal proceedings, granting the court the ability to take into account the interests of the parties to criminal proceedings.

Increasing the efficiency of criminal proceedings is the sole purpose for which it is permissible to shorten criminal proceedings. Criminal procedure can be considered effective if its goals and objectives are achieved with the least damage to various social values, the rights of participants are provided with guarantees, and the interests of each of them are taken into account in the process.

Saltanat MAMANOVA,
Judge of the Auliekol District Court,
Kostanay Region