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ORDER OF THE ATTORNEY-GENERAL OF THE REPUBLIC OF KAZAKHSTAN

of January 3, 2018 No. 2

About approval of the Instruction about conducting criminal trial in electronic format

(as amended of the Order of the Attorney-General of the Republic of Kazakhstan of 15.02.2021 No. 17)

According to part 6 of Article 58 of the Code of penal procedure of the Republic of Kazakhstan I ORDER:

1. Approve the enclosed Instruction about conducting criminal trial in electronic format.

2. To provide to service of criminal prosecution of the Prosecutor General's Office of the Republic of Kazakhstan:

1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

2) within ten calendar days after state registration of this order the direction it the copy in printing and electronic type in the Kazakh and Russian languages in the Republican state company on the right of economic maintaining "The republican center of legal information" of the Ministry of Justice of the Republic of Kazakhstan for official publication and inclusion in Reference control bank of regulatory legal acts of the Republic of Kazakhstan;

3) placement of this order on official Internet resource of the Prosecutor General's Office of the Republic of Kazakhstan.

4) direction of the copy of this order to criminal prosecution authorities.

3. Send this order to heads of structural divisions of the Prosecutor General's Office, departments, organizations and the organization of formation of prosecutor's office, prosecutors of areas, areas and prosecutors equated to them.

4. To impose control of execution of this order on the supervising deputy attorney general of the Republic of Kazakhstan.

5. This order becomes effective after ten calendar days after day of its first official publication.

Attorney-General of the Republic of Kazakhstan

K. Kozhamzharov

Approved by the Order of the Attorney-General of the Republic of Kazakhstan of January 3, 2018 No. 2

The instruction about conducting criminal trial in electronic format

Chapter 1. General provisions

1. This Instruction about conducting criminal trial in electronic format (further - the Instruction) is developed according to Article 42-1 and with part 6 of Article 58 of the Code of penal procedure of the Republic of Kazakhstan (further - the Code of Criminal Procedure).

2. The instruction determines procedure for conducting criminal trial in electronic format at stage of pre-judicial investigation.

3. In this Instruction the following concepts are used:

1) the unified register of pre-judicial investigations (further - ERDR) - the automated database in which data on the reasons for the beginning of pre-judicial investigation listed regarding 1 article 180 Code of Criminal Procedure RK the proceeding decisions made on them, the made actions, movement of criminal proceedings, applicants and participants of criminal procedure are entered and also is performed conducting criminal trial in electronic format at stage of pre-judicial investigation;

2) the Electronic Criminal Case module (further – the module e-UD) – the functionality of ERDR intended for the organization of preparation, maintaining, departure, obtaining and storage of electronic criminal case;

3) electronic criminal case – the isolated production which is conducted criminal prosecution authority concerning one or several criminal offenses in electronic format by means of the module e-UD;

4) the digital signature (further – the EDS) – set of electronic digital symbols created by means of the digital signature and confirming reliability of the electronic document, its accessory and invariance of content;

5) the user of ERDR (further - the user) - the official who within the competence uses ERDR for accomplishment of specific functions;

6) the electronic document – the document in which information is provided in electronic and digital form and is certified by means of the EDS;

7) media files – video, photo and audio material which according to the solution of the face conducting criminal procedure are subject to familiarizing with electronic criminal case;

8) the signature tablet - the specialized peripheral device consisting of the graphical tablet and the writing feather (stylus), allowing to create digital analog of the hand-written signature of its owner;

9) the SMS notification – the functionality of ERDR allowing through mobile communication and (or) e-mail to send text messages to participants of criminal procedure for their notification or appearance to person conducting criminal procedure.

10) the public sector – the functionality of ERDR allowing the participant of criminal procedure by means of the Internet with observance of requirements of information security and confidentiality to get remote access to the available and other data to ERDR on the made proceeding decisions, the criminal case file concerning itself or about the face protected by it, to make complaints and petitions.

4. Conducting electronic legal proceedings consists in implementation of pre-judicial investigation in electronic format, including by input of the electronic document or investment of the PDF document in ERDR based on the proceeding decisions and actions made by the official, and also fillings of necessary details of the electronic information accounting documents signed by the EDS (further – electronic forms).

The procedure for filling of necessary details of electronic forms is determined by the Regulations of Admission and registrations of a statement, the message or the official report about criminal offenses, and also maintaining the Unified register of pre-judicial investigations approved by the order of the Attorney-General of the Republic of Kazakhstan of September 19, 2014 No. 89 (it is registered in the Register of state registration of regulatory legal acts for No. 9744).

5. Conducting criminal trial at stage of pre-judicial investigation in electronic format is performed in the module e-UD by means of:

fillings of necessary accounting data and details of electronic forms in ERDR;

creations of electronic documents on the available templates and the PDF documents in the module e-UD;

signings of electronic documents by participants of criminal procedure by means of the EDS or the tablet of the signature;

sendings SMS notification for the notification or challenge of participants of criminal procedure;

electronic interaction with court for the purpose of ensuring processes on consideration of criminal cases and materials in electronic format;

electronic interaction with experts, specialists for implementation of appointment procedures of research and receipt of the conclusions in electronic format or transfer of paper materials in electronic format according to Item 25 of the Instruction;

functioning of the public sector.

6. During creation in electronic criminal case of the PDF document person conducting criminal procedure provides its identity with the original, quality and possibility of complete reading.

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