Outline*:

1. Criminal law is a unity of legal norms, which define principles and grounds for criminal liability, as well as the list of publicly dangerous actions recognized as criminal ones. It also defines measures of criminal prosecution used in relation to persons guilty in committing criminal offences. The criminal law establishes grounds for discharge from criminal liability and punishment.

2. Criminal offence is ____________________________________________________________________________________________________________________(study article 9 of the RK Penal code).

Task for IWS1: Write out three main attributes of the criminal offence:

1. ________________

2. ________________

3. ________________

3. Categories of crimes:

• of light gravity

• of middle gravity

• grave

• extremely grave

Task for IWS2: What’s the ground for such classification? (Article 10 of the RK Penal code)

4. The ground for criminal liability is availability of Corpus Delicti. It consists of the following elements:

• object

• objective side

• subjective side

• subject

Task for IWS under teacher’s guide: Clear out the elements of Corpus Delicti and its subordinate points.

5. Task for IWS3: Types of punishment in the criminal law (RK Penal code, article 39).

6. Task for IWS under teacher’s guide: Aggravating and mitigating circumstances in the criminal law, as well as circumstances excluding criminality of an action.

7. Tasks for IWS4: Make up a report on:

• Abolishment of the capital punishment

• Combating corruption in the RK

Glossary:

№	На русском языке	На казахском языке	На английском языке
1	Уголовное преступление	Қылмыс	Criminal offence
См статью 9 УК РК.
2	Уголовная ответственность	Қылмыс жауапкершілік	Criminal liability
3	Тяжесть	Салмақ	Gravity
4	Наказание	Жаза	Punishment

Reference: Constitution of the Republic of Kazakhstan (1995), 2005 / Рогов И.И., Уголовное право РК, А, Жеты жарғы, 2002.

KAZAKH-AMERICAN UNIVERSITY HAND-OUTS Principles of law. Faculty of Economics and Law 2 credits 1 semester Lecture #13-14. Law-enforcement agencies and RK judiciary. Instructor: Kuatova Aida Sh., ass. Prof.

Outline*:

1. The system of law-enforcement agencies:

• Office of Public Prosecutors

• Bodies and institutions of justice (ministry of justice, notary, the Bar)

• Bodies of inquiry and preliminary investigation (Bodies of Internal Affairs, CNS)

• Bodies of tax and customs service (tax police, customs bodies)

Task for IWS1: Make a report on one type of law-enforcement agencies.

2. Purposes of law-enforcement agencies:

• Provision of legality, law and order

• Protection of human rights and freedoms

• Protection of rights and legal interests of state and non-state organizations, labor groups

• Combating crimes and infringements

3. Unity of judicial system:

• Equal status of all judges

• Constitutional principles of justice

• Forms of trial established by law

• Unified legislation

• Order of courts formation

• Execution of court decisions

• Financing of courts at the expense of state budget

4. Principles of justice:

• a person shall be considered to be innocent of committing a crime until his guilt is established by a court's sentence that has come into force;  

• no one may be subject twice to criminal or administrative prosecution for one and the same offense;  

• no one may have his jurisdiction, as stipulated by law changed without his consent;  

• everyone shall have the right to be heard in court;  

• the laws establishing or intensifying liability, imposing new responsibilities on the citizens or deteriorating their conditions shall have no retroactive force. If after the commitment of an offense accountability for it is canceled by law or reduced, the new law shall be applied;

• the accused shall not be obligated to prove his innocence;  

• no person shall be compelled to give testimony against oneself, one's spouse and close relatives whose circle is determined by law. The clergy shall not be obligated to testify against those who confided in them with some information at a confession;  

• any doubts of a person's guilt shall be interpreted in the favor of an accused;  

• evidence obtained by illegal means shall have no juridical force. No person may be sentenced on the basis of his own admission of guilt;

• application of the criminal law by analogy shall not be allowed.

Glossary:

№	На русском языке	На казахском языке	На английском языке
1	Правоохранительные органы		Law-enforcement agencies
2	Прокуратура		Office of Public Prosecutors
3	Органы юстиции		Bodies of justice
4	Судебная власть		Judiciary
5	Невиновный		Innocent

The list of the reference: Constitution of the Republic of Kazakhstan(1995), 2005 / Г.С. Сапаргалиев. Основы государства и права Республики Казахстан, Алматы, 2004.

KAZAKH-AMERICAN UNIVERSITY HAND-OUTS Principles of law. Faculty of Economics and Law 2 credits 1 semester Lecture #15: RK Procedural law. Instructor: Kuatova Aida Sh., ass. Prof.

1. Principles of the civil procedure:

1. Legality

2. Implementation of justice by court only

3. Trial protection of human rights, freedoms and legal interests

4. Respect for human honor and dignity

5. Inviolability of private life. Confidence of correspondence, telephone, post, telegraph and other types of messages

6. Inviolability of property

7. Independence of judges

8. Equality of everyone before law and court

9. Language of legal procedure

10. Competitiveness and equality of sides

11. Appraisal of evidences by own persuasions

12. Discharge from the duty to give testimony

13. Provision of the right to qualified legal assistance

14. Publicity of legal procedure

15. Provision of safety while legal procedure

16. Obligatory character of acts of the trial

17. Freedom of appeal of procedural actions and decisions

Task for IWS1: Comment the underlined statements.

2. Principles of the criminal procedure are the same as in the civil procedure including the following:

1. Inviolability of an individual

2. Inviolability of habitation

3. Presumption of innocence

4. Inadmissibility of repeated criminal prosecution

5. Comprehensive, complete and objective investigation of case circumstances

Task for IWS2: What three principles are included into presumption of innocence?

3. Criminal cases:

• Of private prosecution and accusation

• Of private-public prosecution and accusation

• Of public prosecution and accusation

Task for IWS3: Make up a report on types of criminal cases (article 32 of the RK PPC)

Trial participants at the criminal procedure:

• Suspect

• Accused

• Defendant

• Advocate

• Victim

• Private prosecutor

• Plaintiff

• Respondent

• Representatives of both sides

• Witnesses

• Expert

• Specialist

• Translator

• Witness at an official search

• Secretary

• Bailiff

Task for IWS4: 1) Differentiate the first three participants. 2) Make up a report on trial participants at the civil procedure.

Glossary:

№	На русском языке	На казахском языке	На английском языке
1	Гражданский процесс		Civil procedure
2	Уголовный процесс		Criminal procedure
3	Убеждения		Persuasions
4	Гласность		Publicity
5	Неприкосновенность		Inviolability
6	Недопустимость		Inadmissibility
7	Уголовное преследование		Criminal prosecution
8	Осуждение		Accusation
9	Истец		Plaintiff
10	Судебный пристав		Bailiff

Reference: Criminal procedural of the RK, A, 2011; Civil procedural code of the RK, A, 2011.