77

Article 77 1. A judge in the administration of justice is independent and subject only to the Constitution and the law. 2. Any interference with the court’s administration of justice is unacceptable and punishable by law. Judges are not accountable for specific cases. 3. When applying the law, the judge shall be guided by the following principles: 1) a person is considered to be innocent of committing a crime until his guilt is recognized by the court judgment that has entered into legal force; 2) no one may be subjected to repeated criminal or administrative liability for the same offense; 3) no one’s court jurisdiction, provided for him by law, can be changed without his consent; 4) everyone has the right to be heard in court; 5) laws that establish or strengthen liability, impose new duties on citizens or worsen their situation, do not have retroactive effect. If, after committing the offense, the responsibility for it is cancelled or mitigated by law, the new law shall be applied; 6) the accused is not obliged to prove his innocence; 7) no one is obliged to testify against himself, or his spouse (-s) and close relatives, whose circle is determined by law. Priests are not obliged to testify against those who confided in them at confession; 8) any doubts about the guilt of the person shall be interpreted in favour of the accused; 9) evidence obtained in an unlawful manner is not legally binding. No one can be convicted solely on the basis of his own confession; 10) the application of criminal law by analogy is not allowed. 4. The principles of justice established by the Constitution are common and uniform for all courts and judges of the Republic. Footnote. See the resolutions of the Constitutional Council of the Republic of Kazakhstan dated 10.03.1999 No. 2/2; dated April 18, 2007, No. 4.