Writ Proceedings in Criminal Cases: A Comparative Legal Study of Kazakh Legislation

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.