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The delegation from the Republic of Kazakhstan during their visit to the Regional Court in the Kempten Residence
President of the Regional Court of Kempten, Dr. Johann Kreuzpointner
Judges at the Supreme Court of the Republic of Kazakhstan, Yerzhan Dauliyev and Aidyn Nurbekov; judge at the Local Court of Sonthofen, Christian Roch (left to right)
In partnership with the Supreme Court of the Republic of Kazakhstan, a study visit to Kempten and Sonthofen took place in November 2016 on the subject of “Criminal offences. Accelerated procedure. Domestic violence”, in which five judges from various regions of Kazakhstan took part. The event followed on from the seminar in Astana, which also dealt with criminal offences in the penal code of the Republic of Kazakhstan.
As part of the study visit, the Kazakh guests visited various authorities to find out about the relevant topics at first hand. The respective leaders of the authorities welcomed the guests personally and also took part in the expert talks:
Dr. Johann Kreuzpointner, President of the Regional Court
Dietmar Herrmann, Director of the Local Court
Uwe Erlbeck, Senior Public Prosecutor an
Chief of Police Werner Strößner.
The discussions at the Local Court of Sonthofen dealt with the classification of offences and crimes in German criminal law and with the accelerated procedure in practice.
Speakers at the Public Prosecutor’s Office reported on the enforcement of sentences in German criminal law and the various types of sentence. At the Regional Court of Kempten, the delegation learned about protective measures provided by the family court in cases of domestic violence.
Police involvement in domestic violence was discussed at the police headquarters for Swabia South/West. The delegation also learned about the cooperation between the police and various counselling centres. The study visit was rounded off with an opportunity for the Kazakh guests to visit a women’s refuge.
Christian Roch (right), a judge at the local court of Sonthofen, and Abai Rakhmetulin, Chairman of the criminal division at the Supreme Court of the Republic of Kazakhstan.
In cooperation with the Supreme Court of the Republic of Kazakhstan, a seminar was held in Astana at the end of October on “Criminal offences in the RK penal code”.
The term “criminal offences” was introduced in Kazakhstan with the reform of the penal code in 2015. The event focussed on the application of new legal standards in procedural practice. The classification of crimes and differences between criminal and administrative offences have repeatedly been discussed.
40 judges from various regions of Kazakhstan took part in the seminar, as well as representatives of the Public Prosecutor General’s Office, the Institute of Legislation, the Ministry of Justice and the Kazakhstan Bar Association. Christan Roch, a German expert and judge at the local court in Sonthofen, attended as the director’s permanent representative. In his lectures, he started by outlining European experiences of criminal offences. Mr Roch then looked at the particularities of the process for criminal offences in Germany.
A closing event is planned to take place in Germany in November in cooperation with the Supreme Court of the Republic of Kazakhstan.
Gulschara Abdykalikova, Secretary of State to the President; Igor Rogov, Chairman of the Constitutional Council; Kairat Mami, President of the Supreme Court; Askar Schakirov, Human Rights Representative (from left to right)
Participants in the conference on the first day
Prof. Reinhard Gaier (centre), judge at the German Federal Constitutional Court
Berik Imaschev (left), Minister of Justice for the Republic of Kazakhstan; Talgat Donakov, Minister of Civil Affairs for the Republic of Kazakhstan
Speakers on the second day of the conference
Group photo of all the participants
As in previous years, the Constitutional Council of the Republic of Kazakhstan has organised an international conference on constitutional law. For the past few years, these events have been linked with important anniversaries. In 2016, this was the 25th anniversary of independence. The subject of this year’s conference, which took place on 29 and 30 August in Astana, was the “Constitution – the basis for the dynamic and stable development of society and state.”
The Secretary of State to the President, Gulschara Abdykalikova, opened the event and welcomed many high-ranking national and international guests. The Administration of the Kazakh President, the Ministry of Justice, the Ministry of Internal Affairs and the Ministry of the Civil Service were represented, as were national and international constitutional courts through their presidents and judges. Other participants came from the Venice Commission, the OSCE and the UNO.
Germany was represented at a high level by Professor Reinhard Gaier, a judge at the German Constitutional Court and IRZ expert. He reported on the role of the German Constitutional Court. He not only spoke about the historic development of constitutional jurisdiction in Germany, but also emphasized the importance of observing and enforcing basic and human rights.
The second day of the conference was held in parallel at the Eurasian National University and the KAZGUU University. University professors and representatives of the Constitutional Courts of Jordan, Moldova, Uzbekistan and Turkey were all given the chance to have their say.