Document from CIS Legislation database © 2003-2021 SojuzPravoInform LLC

The document ceased to be valid since January 1, 2015 according to Article 674 of the Code of penal procedure of the Republic of Kazakhstan of July 4, 2014 No. 231-V ZRK

CODE OF PENAL PROCEDURE OF THE REPUBLIC OF KAZAKHSTAN

of December 13, 1997 No. 206-I

(as amended on 17-11-2014)

Table of contents

General part

Section 1. Basic provisions

Chapter 1. Criminal procedure legislation of the Republic of Kazakhstan

Article 1. The legislation determining procedure for criminal trial

Article 2. Application in criminal trial of the precepts of law prevailing

Article 3. Operation of the criminal procedure law in space

Article 4. Application in the territory of the Republic of Kazakhstan of criminal procedural law of foreign state

Article 5. Operation of the criminal procedure law in time

Article 6. Operation of the criminal procedure law concerning foreigners and stateless persons

Article 7. Explanation of some concepts containing in this Code

Chapter 2. Tasks and principles of criminal procedure

Article 8. Tasks of criminal procedure

Article 9. Value of the principles of criminal procedure

Article 10. Legality

Article 11. Justice implementation only court

Article 12. Judicial protection of rights and freedoms of man and citizen

Article 13. Respect of honor and advantage of the personality

Article 14. Integrity of human beings

Article 15. Protection of the rights and freedoms of citizens in case of production on criminal cases

Article 16. Personal privacy. Mystery of correspondence, telephone negotiations, post, cable and other messages

Article 17. Inviolability of home

Article 18. Security of property

Article 19. Presumption of innocence

Article 20. Inadmissibility of repeated condemnation and criminal prosecution

Article 21. Implementation of justice on the basis of equality before the law and court

Article 22. Independence of the judge

Article 23. Implementation of legal proceedings on the basis of competitiveness and equality of participants

Article 24. Comprehensive, complete and objective investigation of the facts of the case

Article 25. Assessment of proofs on internal belief

Article 26. Providing to the suspect, person accused of right of defense

Article 27. Release from obligation to give the testimony

Article 28. Providing right to qualified legal aid

Article 29. Publicity

Article 30. Language of criminal trial

Article 31. Freedom of appeal of legal proceedings and decisions

Chapter 3. Criminal prosecution

Article 32. Cases of private, private and public and public prosecution and accusation

Article 33. Crimes on which criminal prosecution can be performed in private procedure

Article 34. Implementation of criminal prosecution in private and public procedure

Article 35. Criminal prosecution according to the statement of commercial or other organization

Article 36. General terms of implementation of criminal prosecution

Article 37. The circumstances excluding proceeedings

Article 38. The circumstances allowing not to perform criminal prosecution

Chapter 4. Rehabilitation. Indemnification, the body caused by illegal actions conducting criminal procedure

Article 39. Rehabilitation by recognition of innocence of person involved as accused (suspect)

Article 40. Persons having the right to indemnification, the body caused as a result of illegal actions conducting criminal procedure

Article 41. The harm which is subject to compensation

Article 42. Recognition of the right to indemnification

Article 43. Compensation of property harm

Article 44. Elimination of effects of moral harm

Article 45. Terms of presentation of requirements

Article 46. Indemnification to legal entities

Article 47. Recovery of the rights in claim procedure

Chapter 5. Conducting criminal proceeding

Article 48. Connection of criminal cases

Article 49. Allocation of criminal case

Article 50. Suspension of criminal proceeding

Article 51. Termination of criminal case

Article 51-1. Procedure for the termination of criminal prosecution concerning the suspect or the person accused

Article 52. Completion of criminal proceeding

Article 53. Preserving confidentiality

Chapter 6. Procedural terms

Article 54. Calculation of terms

Article 55. Adherence to deadline

Article 56. Effects of the omission of term and procedure for its recovery

Section 2. The state bodies and persons who are involved in criminal trial

Chapter 7. Court

Article 57. Court

Article 58. Structure of court

Article 59. Powers of court

Article 60. Judge

Article 61. The chairman on case

Chapter 8. The state bodies and officials performing functions of criminal prosecution

Article 62. Prosecutor

Article 63. Chief of investigative department

Article 64. Investigator

Article 65. Body of inquiry

Article 66. Chief of body of inquiry

Article 67. Investigator

Chapter 9. The participants of process protecting or represented the rights and the interests

Article 68. Suspect

Article 69. Person accused

Article 70. Defender

Article 71. Obligatory participation of the defender

Article 72. Invitation, appointment, replacement of the defender, payment of its work

Article 73. Refusal of the defender

Article 74. Powers of the defender

Article 75. Victim

Article 76. Private prosecutor

Article 77. Civil claimant

Article 78. Civil defendant

Article 79. Legal representatives of the minor person accused, suspect

Article 80. Representatives of the victim, civil claimant and private prosecutor

Article 81. Representatives of the civil defendant G

lava 10. The other persons who are involved in criminal trial

Article 82. Witness

Article 83. Expert

Article 84. Specialist

Article 85. Translator

Article 86. Witness

Article 87. Court session secretary

Article 88. Bailiff

Article 88-1. Mediator

Chapter 11. The circumstances excluding possibility of participation in criminal proceeding. Branches

Article 89. Branches and petitions for elimination from participation in criminal proceeding. Release from participation in criminal procedure

Article 90. Removal of the judge

Article 91. Removal of the prosecutor

Article 92. Removal of the investigator and investigator

Article 93. Removal of the witness

Article 94. Removal of the court session secretary and bailiff

Article 95. Removal of the translator and specialist

Article 96. Removal of the expert

Article 97. Discharge from participation in criminal proceeding of the defender, the victim's representative (the private prosecutor), the civil claimant or the civil defendant

Chapter 12. Safety of persons who are involved in criminal trial

Article 98. Safety of judges, jury members, prosecutors, investigators, investigators, defenders, experts, specialists, court session secretaries, bailiffs

Article 99. Obligation of taking measures of safety of the suspects, victims, witnesses, persons accused and other persons who are involved in criminal trial

Article 100. Security measures of the victims, witnesses, suspects, persons accused and other persons who are involved in criminal trial

Article 101. Safety of persons participating in legal proceedings

Chapter 13. Petitions, appeal of actions and decisions of the state bodies and officials performing criminal proceeding

Article 102. Obligation of consideration of petitions of participants of criminal procedure

Article 103. Appeal of decisions and actions of the bodies and officials performing criminal proceeding

Article 104. Procedure for the direction of claims of the persons detained or who are held in custody

Article 105. Submission due dates of claims

Article 106. Suspension of execution of the decision in connection with submission of the claim

Article 107. General claim treatment procedure

Article 108. Claim treatment procedure on actions and decisions of the investigator, body of inquiry, the investigator, the prosecutor

Article 109. Legal process of consideration of claims to actions (failure to act) and decision of the prosecutor, investigation authorities and inquiry

Article 110. Appeal, protest of the court order about authorization of measure of restraint in the form of arrest or prolongation of term of arrest, about refusal in making the sanction for arrest or refusal in prolongation of term of arrest of the person accused, suspect

Article 111. Judicial appeal of the sanction of the prosecutor on the forced room of the suspect accused in the medical organization

Article 112. Claims, protests to sentence, court orders

Chapter 14. Final provisions about persons who are involved in criminal trial

Article 113. The right to require recognition by the participant of process

Article 114. Obligation of explanation of the rights and obligations and possibility of their implementation to persons participating in criminal proceeding

Section 3. Proofs and proof

Chapter 15. Proofs

Article 115. Concept of proofs

Article 116. Actual data, inadmissible as proofs

Article 117. The circumstances which are subject to proof on criminal case

Article 118. The circumstances established without proofs

Article 119. Testimonies of the suspect, person accused, victim, witness

Article 120. Expert opinion

Article 121. Physical evidences

Article 122. Protocols of legal proceedings

Article 123. Documents

Chapter 16. Proof

Article 124. Proof

Article 125. Collecting of proofs

Article 126. Fixing of proofs

Article 127. Research of proofs

Article 128. Assessment of proofs

Article 129. Scientific and technical means in the course of proof

Article 130. Use of results of operational search activities in proof for criminal cases

Article 131. Pre-judiction

Section 4. Measures of procedural coercion

Chapter 17. Detention of the suspect

Article 132. Detention bases

Article 133. The right of citizens to detention of persons who committed crime

Article 134. Procedure for detention of person suspected of crime execution

Article 135. Personal search of the detainee

Article 136. The bases of release of person detained on suspicion of crime execution

Article 137. Procedure for detention of detainees on suspicion of crime execution

Article 138. Notification of relatives of the suspect on detention

Chapter 18. Measures of restraint

Article 139. Bases for application of measures of restraint

Article 140. Measures of restraint and additional restrictions

Article 141. The circumstances considered during the electing of measure of restraint and establishment of additional restrictions

Article 142. Application of measure of restraint concerning the suspect

Article 143. Procedure for application of measures of restraint

Article 144. Recognizance not to leave and proper conduct

Article 145. Personal guarantee

Article 146. Observation of command of military unit of the serviceman

Article 147. Return of the minor under supervision

Article 148. Pledge

Article 149. House arrest

Article 150. Arrest

Article 151. Content of suspects and persons accused to whom according to the procedure of measure of restraint arrest is applied

Article 152. Content of suspects, persons accused and defendants to whom as measure of restraint arrest, in places of content of detainees is applied

Article 153. Arrest terms, procedure for their prolongation

Article 154. Cancellation or change of measure of restraint

Article 155. The right to care and supervision behind property

Chapter 19. Other measures of procedural coercion

Article 156. Bases for application of other measures of procedural coercion

Article 157. The obligation about appearance to the investigator, the investigator, in court

Article 158. Drive

Article 159. Temporary discharge from position

Article 160. Cash collection

Article 161. Property attachment

Section 5. Property questions in criminal procedure

Chapter 20. The civil action in criminal procedure

Article 162. The civil actions considered in criminal procedure

Article 163. Presentation of the civil action

Article 164. Recognition by the civil claimant

Article 165. Refusal in recognition by the civil claimant

Article 166. Attraction to participation in case in quality of the civil defendant

Article 167. Application of rules about the bases, conditions, amount and method of compensation of damage

Article 168. Refusal of the civil action

Article 169. The decision according to the civil action

Article 170. Providing the civil action

Article 171. Execution of sentence and the court order regarding the civil action

Chapter 21. Compensation and expense recovery, suffered in course of production on criminal case

Article 172. Payment of legal aid

Article 173. Obtaining by the translator, specialist, expert of remuneration for the work performed by them

Article 174. Expense recovery, suffered by persons participating in criminal trial of

lava 22. Procedural costs

Article 175. Procedural costs

Article 176. Collection of procedural costs Special part

Section 6. Pre-judicial criminal proceeding

Chapter 23. Initiation of legal proceedings

Article 177. Reasons and bases for initiation of legal proceedings

Article 178. Petitions from citizens

Article 179. Surrender

Article 180. Messages of the official of the state body or person performing managerial functions in the organization

Article 181. The message in mass media

Article 182. Direct detection of data on crime by officials and bodies, authorized to bring criminal case

Article 183. Obligation of acceptance and consideration of the applications and messages on crime

Article 184. Terms of consideration of the applications and messages on crimes

Article 185. The decisions made as a result of consideration of the application or the message on crime

Article 186. Procedure for initiation of legal proceedings

Article 187. Refusal in initiation of legal proceedings

Article 188. Transfer of the message or statement for crime on competence and cognizance

Article 189. Actions of criminal prosecution authority after initiation of legal proceedings

Article 190. Supervision of the prosecutor of legality of initiation of legal proceedings

Chapter 23-1. The simplified pre-judicial production

Article 190-1. The bases of the simplified pre-judicial production

Article 190-2. Procedure for the simplified pre-judicial production

Article 190-3. Creation of the protocol of the simplified pre-judicial production and transfer of criminal case to the prosecutor

Article 190-4. Actions of the prosecutor for the criminal case which arrived according to the procedure of the simplified pre-judicial production

Chapter 24. General terms of production of pretrial investigation

Article 191. Obligation of pretrial investigation

Article 192. Competence

Article 193. Production site of pretrial investigation

Article 194. Beginning of production of pretrial investigation

Article 195. End of pretrial investigation

Article 196. Term of pretrial investigation

Article 197. Powers of the prosecutor during pretrial investigation

Article 198. Production of pretrial investigation by group of investigators

Article 199. Powers of the head of the investigation team

Article 200. Activities of bodies of inquiry for cases on which production of pretrial investigation is obligatory

Article 201. General rules of production of investigative actions

Article 202. The decrees issued during pretrial investigation

Article 203. Protocol of investigative action

Article 204. Representation on elimination of the circumstances promoting crime execution and other violations of the law

Article 205. Inadmissibility of disclosure of data of pretrial investigation and inquiry

Chapter 25. Attraction as the person accused

Article 206. Attraction as the person accused

Article 207. The resolution on attraction as the person accused

Article 208. Obligation of appearance of the person accused

Article 209. Brining a charge

Article 210. Change and amendment of accusation. The termination of criminal prosecution regarding accusation

Chapter 26. Interrogation and confrontation

Article 211. Procedure for challenge on interrogation

Article 212. Place and time of interrogation

Article 213. General rules of production of interrogation

Article 214. Interrogation of the witness and victim

Article 215. Features of interrogation of the minor witness or victim

Article 216. Interrogation of the suspect

Article 217. Interrogation of the person accused

Article 218. Record of interrogation

Article 219. Application zvuko-and videos in case of interrogation

Article 220. Confrontation

Chapter 27. Survey, exhumation and survey

Article 221. Survey

Article 222. General rules of production of survey

Article 223. Survey and storage of physical evidences

Article 224. Survey of corpse of the person

Article 225. Exhumation

Article 226. Survey

Article 227. Protocol of survey, survey, exhumation

Chapter 28. Identification

Article 228. Presentation for identification

Article 229. Procedure for presentation for identification

Chapter 29. Search and dredging

Article 230. Search

Article 231. Dredging

Article 232. Procedure for production of search and dredging

Article 233. Personal search

Article 234. Protocol of search or dredging

Chapter 30. Seizure of post and cable departures. Interception of messages. Listening and record of negotiations

Article 235. Seizure of post and cable departures, their survey and dredging

Article 236. Interception of messages

Article 237. Listening and record of negotiations and conversations

Chapter 31. Check and refining of indications on site. Investigative experiment

Article 238. Check and refining of indications on site

Article 239. Investigative experiment

Chapter 32. Judicial examination

Article 240. Purpose of examination

Article 241. Obligatory purpose of examination

Article 242. Procedure for purpose of examination

Article 243. Persons to whom production of judicial examination can be entrusted

Article 244. Rights of the suspect, person accused, victim, defender and victim's representative to appointment and production of examination

Article 244-1. Guarantees of the rights and legitimate interests of persons concerning which judicial examination is made

Article 245. Production of examination by body of judicial examination. Rights and obligations of the head of body of judicial examination

Article 246. Production of examination out of body of judicial examination

Article 246-1. Presence of participants of process in case of production of judicial examination

Article 247. The placement to the medical organization for examination production

Article 248. Objects of examination

Article 249. Individual and commission examination

Article 250. Complex examination

Article 251. Contents of the expert opinion

Article 252. The message on impossibility to draw the conclusion

Article 253. Interrogation of the expert

Article 254. Presentation to the suspect, the person accused who was injured expert opinions

Article 255. Additional and repeated examinations

Chapter 33. Receipt of samples

Article 256. Bases of receipt of samples

Article 257. Persons and bodies having the right to receive samples

Article 258. Persons at whom receipt of samples is allowed

Article 259. Procedure for receipt of samples by the investigator

Article 260. Receipt of samples by the doctor or other specialist

Article 261. Receipt of samples by the expert

Article 262. Protection of the rights of the personality in case of receipt of samples

Article 263. Obligation of execution of the resolution on receipt of samples

Article 264. Protocol of receipt of samples

Chapter 34. Suspension and renewal of pretrial investigation

Article 265. Procedure for suspension of pretrial investigation

Article 266. Actions of the investigator after suspension of pretrial investigation

Article 267. Search of the person accused

Article 267-1. Announcement of the international search

Article 268. Renewal of the suspended pretrial investigation

Chapter 35. Diversion during pretrial investigation

Article 269. The bases and procedure for diversion during pretrial investigation

Article 270. Actions of the investigator after the termination of criminal case

Article 271. Appeal of the resolution on the termination of criminal case

Article 272. Renewal of the dismissed criminal case

Article 272-1. Recovery of the lost criminal case or its materials

Chapter 36. Creation of the indictment and the direction of criminal case in court

Article 273. The announcement of the end of investigative actions for the case directed to the prosecutor with the indictment

Article 274. Acquaintance of the victim, civil claimant, civil defendant and their representatives with case papers

Article 275. Acquaintance of the person accused and his defender with all case papers

Article 276. Statement and permission of petitions

Article 277. Protocol on acquaintance with the criminal case file

Article 278. Indictment

Article 279. Appendices to the indictment

Article 280. Direction of criminal case to the prosecutor

Article 281. The questions resolved by the prosecutor on the case which arrived with the indictment

Article 282. Actions of the prosecutor for the case which arrived with the indictment

Article 283. The decision of the prosecutor on measure of restraint on case

Article 284. Bringing of the person accused to court

Chapter 37. Inquiry on cases on which production of pretrial investigation is not obligatory

Article 285. Procedure and terms of inquiry on cases on which production of pretrial investigation is not obligatory

Article 286. The circumstances which are subject to proof during inquiry

Article 287. Creation of the protocol of accusation and case referral to the prosecutor for the direction in court

Article 288. Production of pretrial investigation

Article 289. Powers of the prosecutor on supervision of inquiry

Section 7. Production in Trial Court

Chapter 38. Cognizance of criminal cases

Article 290. Criminal cases, cognizable to the district and equated to it court

Article 290-1. Criminal cases, cognizable to specialized interdistrict juvenile court

Article 290-2. Criminal cases, cognizable to specialized interdistrict criminal court judge

Article 290-3. Cognizance of criminal cases to specialized interdistrict public vessels on criminal cases and public vessels of garrisons

Article 291. Criminal cases, cognizable regional and to the courts equated to it

Article 291-1. Hearing of cases about application of enforcement powers of medical nature

Article 292. Criminal cases, cognizable to the Supreme Court

Article 293. Cognizance of cases to Military court

Article 294. Territorial cognizance of criminal cases

Article 295. Determination of cognizance in case of connection of criminal cases

Article 296. Transfer of criminal case on cognizance the court which accepted case to production

Article 297. Transfer of criminal case from court to which it is jurisdictional, in other court

Article 298. The dispute resolution about cognizance

Chapter 39. The solution of question of purpose of the main legal proceedings and preparatory actions to judicial session

Article 299. Actions of court for the arrived criminal case

Article 300. The questions which are subject to examination on the case which arrived in court

Article 301. Carrying out initial hearing

Article 302. Purpose of the main legal proceedings

Article 303. Return of criminal case for additional investigation

Article 303-1. The direction of criminal case of the expedited pre-judicial production to the prosecutor

Article 304. Suspension of criminal proceeding

Article 305. Measures of providing the civil action and confiscation of property

Article 306. The direction of criminal case on cognizance

Article 307. Termination of criminal case

Article 308. Providing to the parties of access to case papers

Article 309. Delivery of copies of documents

Article 310. Challenges in judicial session

Chapter 40. General terms of the main legal proceedings

Article 311. Spontaneity and ustnost of legal proceedings

Article 312. Invariance of structure of court in case of case trial

Article 313. Reserve judge

Article 314. Powers of the chairman in the main legal proceedings

Article 315. Participation of the defendant in the main legal proceedings

Article 316. Participation of the defender in the main legal proceedings

Article 317. Participation of the state prosecutor in the main legal proceedings

Article 318. Participation of the victim in the main legal proceedings

Article 319. Participation of the civil claimant or civil defendant in the main legal proceedings

Article 320. Limits of the main legal proceedings

Article 321. Adjournment of the main legal proceedings and suspension of criminal case

Article 322. Solution of question of measure of restraint

Article 323. The direction of case for additional investigation

Article 324. Diversion in the main legal proceedings

Article 325. Procedure for pronouncement of resolutions in the main legal proceedings

Article 326. Schedule of the main legal proceedings

Article 327. The measures taken for the purpose of providing procedure in the main legal proceedings

Article 328. Protocol of the main legal proceedings

Article 329. Notes on the protocol of the main legal proceedings

Article 330. Consideration of notes on the protocol of the main legal proceedings

Chapter 41. Preparatory part of the main legal proceedings

Article 331. Opening of the main legal proceedings

Article 332. Check of appearance of persons who were called in the main legal proceedings

Article 333. Explanation to the translator of its rights and obligations

Article 334. Solution of question of removal of the translator

Article 335. Removal of witnesses from courtroom

Article 336. Identification of the defendant and timeliness of delivery to it copy of the indictment

Article 337. Announcement of structure of court, other participants of process

Article 338. Procedure for permission of branches

Article 339. Explanation to the defendant of its rights

Article 340. Explanation to the victim, private prosecutor, civil claimant and civil defendant of their rights

Article 341. Explanation to the expert of its rights and obligations

Article 342. Explanation to the specialist of its rights and obligations

Article 343. Statement and permission of petitions

Article 344. The solution of question of possibility of hearing of the case for lack of any of persons participating in case

Chapter 42. Court investigation

Article 345. Beginning of court investigation

Article 346. Clarification of line item of the defendant

Article 347. Procedure for representation and research of proofs

Article 348. Interrogation of the defendant

Article 349. Announcement of testimonies of the defendant

Article 350. Interrogation of the victim

Article 351. Interrogation of witnesses

Article 352. Features of interrogation of the minor victim, witness

Article 353. Announcement of testimonies of the victim and witness

Article 354. Examination in legal proceedings

Article 355. Interrogation of the expert

Article 356. Survey of physical evidences

Article 357. Announcement of protocols of investigative actions and documents

Article 358. Procedure for announcement of testimonies of the defendant, victim, witness, and also protocols and documents

Article 359. Survey of the area and room

Article 360. Presentation for identification, survey, check and refining of indications on site, production of experiment, receipt of samples

Article 361. Restriction of research of proofs

Article 362. End of court investigation

Article 363. Legal proceedings of case in the reduced procedure

Chapter 43. Judicial debate and last plea

Article 364. Content and procedure for judicial debate

Article 365. Last plea

Article 366. Renewal of court investigation

Article 367. Removal of court to the consultative room

Chapter 44. Resolution of sentence

Article 368. Resolution of sentence name of the Republic of Kazakhstan

Article 369. Legality and justification of sentence

Article 370. Secrecy of the resolution of sentence

Article 371. The questions resolved by court in case of the resolution of sentence

Article 372. Solution of question of sanity of the defendant

Article 373. It is excluded by the Law of the Republic of Kazakhstan of December 10, 2009 No. 227-IV (procedure for enforcement see the Art. 2)

Article 374. Types of sentences

Article 375. Conviction

Article 376. Verdict of not guilty

Article 377. Creation of sentence

Article 378. Prolog of sentence

Article 379. Descriptive and motivation part of conviction

Article 380. Substantive provisions of conviction

Article 381. Descriptive and motivation part of the verdict of not guilty

Article 382. Substantive provisions of the verdict of not guilty

Article 383. Other questions which are subject to the decision in substantive provisions of sentence

Article 384. Declaration of sentence

Article 385. Release of the defendant from custody

Article 386. Delivery of the copy of sentence

Article 387. Private resolution

Article 388. The issues resolved by court along with the resolution of sentence

Chapter 45. Features of production for private prosecution

Article 389. Procedure for production for private prosecution

Article 390. Initiation of proceedings of private prosecution

Article 391. Actions of the trial judge of private prosecution prior to legal proceedings

Article 392. Representation and collecting of proofs at the initiative of the parties

Article 393. Consideration of the case of private prosecution in judicial session

Article 394. The judgment in the matter of private prosecution

Article 395. Diversion of private prosecution

Section 8. Review of sentences and court orders in appeal and cassation procedure

Chapter 46. Appeal appeal, protest of the judgments which did not take legal effect

Article 396. Right of appeal appeal, protest of sentence (resolution)

Article 396-1. The court resolutions which are subject to consideration in appeal procedure

Article 397. The courts considering appeal (private) claims, protests to the sentences which did not take legal effect, resolutions C

татья 398. Procedure for bringing of appeal (private) claims, protests

Article 399. Terms of appeal appeal, protest of sentences (resolutions)

Article 400. Procedure for recovery of term on submission of the appeal (private) claim, protest

Article 401. Notice on submission of the appeal (private) claim and protest

Article 402. Effects of submission of the appeal (private) claim and bringing of protest

Article 403. Appeal, protest of the court order of the first instance

Article 404. Limits of consideration of the case in appellate instance

Chapter 47. Hearing of cases according to petitions for appeal, protests

Article 405. Subject of appeal consideration

Article 406. Terms of consideration of the case in appellate instance

Article 407. Appeal (private) claim, protest

Article 408. Purpose of court session of appellate instance

Article 408-1. Preparation of court session of appellate instance

Article 409. Procedure for consideration of the case in appellate instance

Article 410. Powers of appellate instance

Article 411. The decisions made by appellate instance

Article 411-1. Consideration of the civil action by appellate instance in criminal procedure

Article 412. The bases to cancellation or change of sentence

Article 413. Unilaterality or incompleteness of court investigation

Article 414. Discrepancy of the conclusions of court stated in sentence (resolution), to the actual facts of the case

Article 415. Fundamental breach of the criminal procedure law

Article 416. Wrong application of the penal statute

Article 417. Discrepancy of the penalty of weight of crime and the identity of the convict imposed by court

Article 418. Cancellation of conviction with diversion

Article 419. Cancellation of the verdict of not guilty

Article 420. Cancellation of sentence with participation of jury members with the direction on new legal proceedings

Article 420-1. Cancellation of sentence with the resolution of new sentence

Article 420-2. Cancellation of sentence with the direction of case for additional investigation

Article 421. Change of sentence

Article 422. Content of appeal sentence, resolution

Article 423. Removal of appeal sentence, the resolution and their introduction in legal force

Article 423-1. Appeal to execution of sentence, court order of appellate instance

Article 423-2. Trial de novo in appellate instance

Article 423-3. Consideration of the case on the first instance after cancellation of the initial sentence decided with participation of jury members

Chapter 48. It is excluded

Chapter 48-1. Hearing of cases according to writs of appeal, protests

Article 446-1. General terms of appeal of sentences, court orders in cassation procedure

Article 446-2. Subject of cassation consideration

Article 446-3. Cassation claim or protest

Article 446-4. Terms of consideration of the case in cassation instance

Article 446-5. Purpose of court session of cassation instance

Article 446-6. Powers of court of cassation instance

Article 446-7. Procedure for consideration of the case by cassation instance

Article 446-8. The decisions made by cassation instance

Article 446-9. The bases to cancellation or change of sentence, the resolution by cassation instance

Article 446-10. Wrong application of the penal statute

Article 446-11. Fundamental breach of the criminal procedure law

Article 446-12. Injustice of sentence

Article 446-13. Cancellation of conviction with diversion

Article 446-14. Cancellation of the verdict of not guilty

Article 446-15. Cancellation of sentence with the direction of case on new trial

Article 446-16. Cancellation of sentence with the direction of case for additional investigation

Article 446-17. Change of sentence

Article 446-18. Contents of the cassation resolution

Article 446-19. Pronouncement of the cassation resolution

Article 446-20. Appeal to execution of the resolution of cassation instance

Article 446-21. Trial de novo in cassation instance

Article 446-22. Consideration of the case in the first, appellate instance after cancellation of sentence

Article 446-23. Limits of assignment of punishment in case of new trial of case

Section 9. Execution of judgments

Chapter 49. Execution of sentences and court orders

Article 447. The introduction of sentence in legal force and its appeal to execution

Article 448. The introduction of the court order in legal force and its appeal to execution

Article 449. Procedure for the appeal to execution of sentence, court order

Article 450. Notice of relatives of the convict and civil claimant on the appeal of sentence to execution

Article 451. Provision to relatives of appointment to the convict

Article 452. Delay of execution of sentence

Article 453. The questions which are subject to consideration by court in case of execution of sentence

Article 454. The courts resolving the questions connected with execution of sentence

Article 455. Procedure for permission of the questions connected with execution of sentence

Article 456. Consideration of petitions for removal of criminal record

Article 457. Appeal and protest of the judge's ruling

Section 10. Production on review of the judgments which took legal effect

Chapter 50. Review of court resolutions according to the procedure of judicial supervision by the Supreme Court of the Republic of Kazakhstan

Article 458. Court resolutions which can be reviewed according to the procedure of judicial supervision after the introduction in legal force

Article 459. The bases to review according to the procedure of judicial supervision of the adjudications and resolutions which took legal effect

Article 460. Persons having the right to petition for review according to the procedure of judicial supervision of the sentences which took legal effect and resolutions of courts, to protest the sentences and resolutions of courts which took legal effect

Article 461. Appeal terms according to the procedure of judicial supervision of the judgments which took legal effect

Article 462. Procedure for submission of the petition, protest about review of sentence, the court order which took legal effect

Article 462-1. Return of petitions, protest without consideration

Article 463. Preliminary consideration of the application for revision of the court resolutions which took legal effect

Article 464. The resolutions accepted by results of preliminary consideration of the petition

Article 465. Purpose of judicial session of supervising instance

Article 466. Suspension of execution of sentence, court order

Article 467. Procedure for consideration of the case in supervising instance, the judgments of supervising instance

Article 467-1. Bases of obligatory participation of the lawyer in Supervisory Court

Article 468. Contents of the court order of supervising instance

Article 469. Consideration of the case after cancellation of sentence and the court order

Article 470. Bringing of the petition (protest) for review of sentence and the court order which is taken out in case of new trial of case

Article 470-1. Purpose of plenary session of the Supreme Court of the Republic of Kazakhstan

Article 470-2. Procedure for consideration by the plenary session of the Supreme Court of the Republic of Kazakhstan of representation or protest

Chapter 51. Renewal of proceeedings in view of newly discovered facts

Article 471. Bases of renewal of proceeedings

Article 472. The judgments on criminal cases which are subject to revision on newly discovered facts

Article 473. Production renewal terms

Article 474. Initiation of production in view of newly discovered facts

Article 475. Actions of court upon termination of judicial session

Article 476. Permission court of question of renewal of proceeedings

Article 477. It is excluded

Article 478. Production after cancellation of judgments

Article 479. The civil action in case of renewal of case on newly discovered facts

Section 11. Features of production on separate categories of criminal cases

Chapter 52. Production on cases on crimes of minors

Article 480. Procedure for production on cases on crimes of minors

Article 481. The circumstances which are subject to establishment on cases on crimes of minors

Article 482. Restriction of publicity for minors

Article 483. Allocation of case on the minor in separate production

Article 484. Procedure for challenge of the minor suspect, person accused

Article 485. Interrogation of the minor suspect, person accused

Article 486. Participation of the defender

Article 487. Participation of the legal representative of the minor suspect accused on pretrial investigation

Article 488. Participation of the teacher and psychologist

Article 489. Complex psikhologo-psychiatric and psychological examination of the minor

Article 490. Placement of the minor to special facility

Article 491. Detention and application of measures of restraint to minors

Article 492. Participation of the legal representative of the minor defendant in legal proceedings

Article 493. Removal of the minor defendant from courtroom

Article 494. The questions resolved by court in case of the resolution of verdict on the minor

Article 495. Release of the minor from punishment using enforcement powers of educational impact

Chapter 53. Features of production for persons having privileges and immunity from prosecution

Article 496. Production of pretrial investigation concerning the deputy of Parliament of the Republic of Kazakhstan

Article 497. Production of pretrial investigation concerning the Chairman or the member of the Constitutional Council of the Republic of Kazakhstan

Article 498. Production of pretrial investigation concerning the judge

Article 499. Production of pretrial investigation concerning the Attorney-General of the Republic of Kazakhstan

Article 500. Legal proceedings of criminal case concerning the deputy of Parliament of the Republic of Kazakhstan, the Chairman or the member of the Constitutional Council of the Republic of Kazakhstan, the judge, the Attorney-General of the Republic of Kazakhstan

Article 501. Persons having diplomatic immunity from prosecution

Article 502. Detention and arrest of persons using diplomatic immunity

Article 503. Diplomatic immunity from evidence

Article 504. Diplomatic immunity of rooms and documents

Section 12. Special proceedings

Chapter 54. Legal proceedings on cases on application of enforcement powers of medical nature to deranged

Article 505. The bases for production on application of enforcement powers of medical nature

Article 506. The circumstances which are subject to proof

Article 507. Security measures

Article 508. Transfer under supervision of relatives, guardians, custodians

Article 509. Placement to the specialized medical organization

Article 510. Allocation of case in the relation of person who made the act prohibited by the penal statute in condition of diminished responsibility or the crime execution which ached later mental disturbance

Article 511. The rights of person concerning which case on application of enforcement powers of medical nature is processed

Article 512. Participation of the legal representative

Article 513. Participation of the defender

Article 514. End of pretrial investigation

Article 515. Production in court

Article 516. The questions resolved by court in case of decision making on case

Article 517. Court order

Article 518. Appeal and protest of the court order

Article 519. Termination, change and prolongation of application of enforcement powers of medical nature

Article 520. Renewal of criminal case concerning person to whom the enforcement power of medical nature is applied

Chapter 55. Basic provisions about order of interaction of the bodies conducting criminal procedure with competent organizations and officials of foreign states on criminal cases

Article 521. The legal and other proceedings which are carried out according to the procedure of rendering legal assistance

Article 522. Validity of procedural documents

Article 523. Procedure for the intercourses concerning rendering legal assistance

Article 524. Contents of the order about production of legal proceedings

Article 525. Procedure for execution of the order about production of legal proceedings

Article 526. Challenge and interrogation of the witness, victim, civil claimant, civil defendant, their representatives, expert

Article 527. The direction of case papers for continuation of criminal prosecution

Article 528. Execution of requests for continuation of criminal prosecution or about initiation of legal proceedings

Article 529. The direction of the requirement about issue of person for criminal prosecution or execution of sentence

Article 530. Limits of criminal liability of the issued person

Article 531. Execution of the requirement about issue of the citizen of foreign state

Article 531-1. Appeal of the decision on issue of person

Article 532. Refusal in issue

Article 533. Continuation of criminal prosecution concerning stateless persons, citizens of the third country and their issue

Article 534. Extradition arrest (detention and detention for issue)

Article 535. Transit transportation

Article 536. Transfer of objects

Chapter 56. Transfer of person condemned to imprisonment for serving sentence in the state which citizen it is

Article 537. The bases of transfer of person condemned to imprisonment for serving sentence in the state which citizen it is

Article 538. Conditions and procedure for transfer of the convict for serving sentence in the state which citizen he is

Article 539. Refusal to foreign state in transfer of the convict to imprisonment for serving sentence

Article 540. Consideration of the petition for acceptance of the citizen of the Republic of Kazakhstan for serving sentence

Article 541. Procedure for permission court of the questions connected with execution of the court verdict of foreign state

Section 13. Production on jury cases of assessors

Chapter 57. General provisions

Article 542. Procedure for production on jury cases of assessors

Article 543. Put cognizance to court with participation of jury members

Article 544. Structure of court with participation of jury members

Article 545. Inadmissibility of impact on the jury member

Article 546. The petition for consideration of the case by court with participation of jury members

Chapter 58. Features of purpose of judicial session

Article 547. Purpose of judicial session in the presence of the petition for consideration of the case by court with participation of jury members

Article 548. Features of carrying out initial hearing

Article 549. Features of the decisions passed according to the procedure of initial hearing in case of purpose of judicial session with participation of jury members

Article 550. Procedure for preliminary random check of candidates for jury members for participation in legal proceedings

Chapter 59. Candidate screen in jury members for participation in legal proceedings

Article 551. General provisions

Article 552. Release by the chairman of candidates for jury members from participation in consideration of the case

Article 553. Permission of questions of rejection of candidates for jury members

Article 554. Permission of questions of removal of candidates for jury members

Article 555. Peremptory challenge of candidates for jury members

Article 556. Education of jury of assessors by carrying out draw

Article 557. General terms of participation of jury members in legal proceedings

Article 558. Adoption of the oath by jury members

Chapter 60. Put features of trial court with participation of jury members

Article 559. The rights, obligations of the jury member and restriction in actions connected with consideration of the case

Article 560. Competence of court with participation of jury members

Article 561. Diversion in court with participation of jury members

Article 562. Features of court investigation in court with participation of jury members

Article 563. Debate of the parties in court with participation of jury members

Article 564. Remarks and the last plea in court with participation of jury members

Article 565. Statement of the questions which are subject to permission court with participation of jury members

Article 566. Content of the questions which are subject to permission court with participation of jury members

Article 567. Address of the chairman to jury members

Article 568. Mystery of meeting of jury members

Article 569. Procedure for holding meeting and vote in the consultative room

Article 570. Types of the decisions made by court with participation of jury members

Article 571. Resolution of sentence

Article 572. The termination of consideration of criminal case in connection with establishment of diminished responsibility of the defendant

Article 573. Features of taking the minutes of judicial session

Chapter 61. Features of production on review of the sentences which did not take legal effect, resolutions on the cases considered with participation of jury members

Article 574. Appeal and protest of the sentences which did not take legal effect and decrees issued by court with participation of jury members

Article 575. Features of production in appellate instance of the cases considered by court with participation of jury members

Article 575-1. Review of the sentences and court orders which took legal effect with participation of jury members in court of cassation instance

Chapter 62. Features of production on review of the sentences which took legal effect, resolutions on the cases considered with participation of jury members

Article 576. Review of the sentences and court orders which took legal effect with participation of jury members

Article 577. Inadmissibility of deterioration of the situation of the convict in case of review of the sentence which took legal effect, court orders with participation of jury members

General part

Section 1. Basic provisions

Chapter 1. Criminal procedure legislation of the Republic of Kazakhstan

Article 1. The legislation determining procedure for criminal trial

1. The procedure for criminal trial in the territory of the Republic of Kazakhstan is determined by the Constitution of the Republic of Kazakhstan, the constitutional laws, the Code of penal procedure of the Republic of Kazakhstan, based on the Constitution of the Republic of Kazakhstan and the conventional principles and rules of international law. Provisions of other laws regulating procedure for criminal trial are subject to inclusion in this Code.

2. The international contractual and other commitments of the Republic of Kazakhstan, and also the normative resolutions of the Constitutional Council and Supreme Court of the Republic of Kazakhstan regulating procedure for criminal trial are criminal procedure law component.

3. If in course of production on criminal case there is need of consideration of question which shall be solved according to the civil or administrative right, it is solved according to the procedure of civil or administrative production.

Article 2. Application in criminal trial of the precepts of law prevailing

1. The constitution of the Republic of Kazakhstan has the highest legal force and direct action in all territory of the Republic of Kazakhstan. In case of contradiction between rules of this Code and the Constitution of the Republic of Kazakhstan Constitution provisions are effective.

2. In case of contradiction between rules of this Code and the constitutional law. In case of contradiction between rules of this Code and other laws provisions of this Code are effective.

3. The international agreements ratified by the Republic of Kazakhstan have priority before this Code and are applied directly, except cases when follows from the international treaty that its application requires the publication of the law.

Article 3. Operation of the criminal procedure law in space

1. Criminal trial in the territory of the Republic of Kazakhstan, irrespective of the place of crime execution, is conducted according to this Code.

2. If the international treaty ratified by the Republic of Kazakhstan establishes other rules of action of this Code in space, then rules of the international treaty are applied.

Article 4. Application in the territory of the Republic of Kazakhstan of criminal procedure law of foreign state

Application in the territory of the Republic of Kazakhstan of criminal procedure law of foreign state by bodies of investigation and court of foreign state or according to their order the body conducting criminal procedure is allowed if it is provided by the international treaty ratified by the Republic of Kazakhstan.

Article 5. Operation of the criminal procedure law in time

1. Criminal trial is performed according to the criminal procedure law which became effective by the time of accomplishment of legal proceeding, adoption of the proceeding decision.

2. The criminal procedure law assigning new obligations, canceling or diminishing the rights belonging to participants of process, limiting their use with additional terms has no retroactive force.

3. Admissibility of proofs is determined according to the law existing at the time of their obtaining.

Article 6. Operation of the criminal procedure law concerning foreigners and stateless persons

1. Criminal trial concerning foreigners and stateless persons is performed according to this Code.

2. Features of the criminal trial performed in the relation or with the assistance of persons having the diplomatic or other privileges and immunities established by international treaties of the Republic of Kazakhstan are determined according to Chapter 53 of this Code.

Article 7. Explanation of some concepts containing in this Code

The concepts containing in this Code have if there are no special instructions in the law, the following value:

1) "court" - judicial body, any legally founded court entering judicial system of the Republic of Kazakhstan considering cases jointly or solely;

2) "Trial Court" - the court considering criminal case in essence;

3) "appellate instance" - the court considering the merits of the case on petitions for appeal (protests) on the sentences which did not take legal effect, court orders of the first instance;

4) it is excluded

4-1) "cassation instance" - the court considering case on writs of appeal (protests) on the sentences which took legal effect, the court order of the first and appellate instance;

5) "supervising instance" - the board of the Supreme Court of the Republic of Kazakhstan considering according to the procedure of supervision case on the petition, protest on the judgments which took legal effect, and also the plenary session of the Supreme Court of the Republic of Kazakhstan considering representation of the Chairman of the Supreme Court or protest of the Attorney-General;

6) "judge" - the carrier of judicial authority; the professional judge appointed or elected to this position in the procedure (the chairman of justices, the chairman of judicial board, the judge of the relevant court) established by the law;

7) "chairman" - the judge presiding by joint consideration of criminal case or considering case solely;

7-1) jury member - the citizen of the Republic of Kazakhstan called for participation in the consideration of criminal case by court according to the procedure established by this Code, and who took the oath;

8) "the main legal proceedings" - consideration of criminal case in essence Trial Court;

9) "participants of process" - the bodies and persons performing criminal prosecution and maintenance of accusation in court, and also persons protecting in case of criminal proceeding or represented by them the rights and the interests: prosecutor (state prosecutor), investigator, body of inquiry, investigator, suspect, person accused, their legal representatives, defender, civil defendant, his legal representative and representative, victim, private prosecutor, civil claimant, their legal representatives and representatives;

10) "the body conducting criminal procedure" - court, and also in case of pre-judicial criminal proceeding the prosecutor, the investigator, body of inquiry, the investigator;

11) "parties" - the bodies and persons performing in legal proceedings on the basis of competitiveness and equality accusation (criminal prosecution) and protection against accusation;

12) "the party of accusation" - criminal prosecution authorities, and also the victim (the private prosecutor), the civil claimant, their legal representatives and representatives;

13) "criminal prosecution (accusation)" - the procedural activities performed by the party of accusation for the purpose of the establishment of the act prohibited by the penal statute, and which made his faces, guilts of the last in crime execution and also for ensuring application to such person of punishment or other measures of criminal law action;

14) "criminal prosecution authorities" - the prosecutor (the state prosecutor), the investigator, body of inquiry, the investigator;

14-1) simplified pre-judicial production - procedural form of pre-judicial activities of body of inquiry, the investigator, investigator within the powers established by this Code;

15) "inquiry" - procedural form of pre-judicial activities of bodies of inquiry in the limits set by this Code of powers on identification, establishment and fixing of set of the facts of the case and involvement of persons who committed crime to criminal liability;

16) "pretrial investigation" ("preliminary inquiry") - procedural form of pre-judicial activities of authorized bodies in the limits set by this Code of powers on identification, establishment and fixing of set of the facts of the case and involvement of persons who committed crime to criminal liability;

17) "competence" - set of the signs established by this Code on which investigation of this crime is within the competence of this or that body of pretrial investigation or inquiry;

18) "the party of protection" - the suspect, the person accused, their legal representatives, the defender, the civil defendant and his representative;

19) "protection" - the procedural activities performed by the party of protection for the purpose of providing the rights and interests of persons which are suspected of crime execution, confutations or mitigations of accusation, and also rehabilitation of persons which illegally underwent to criminal prosecution;

20) "applicant" - person who addressed court or criminal prosecution authorities for protection according to the procedure of criminal trial of the (others) valid or expected right;

21) "representatives" - persons, representatives to represent legitimate interests of the victim, civil claimant, civil defendant by law or agreements;

22) "legal representatives" are parents, adoptive parents, guardians, custodians of the suspect, the person accused, the victim, the civil claimant, and also representatives of the organizations and persons, on care or dependence of which there are suspect, the person accused or the victim;

23) "relatives" - the persons who are in family relation, having general ancestors to the great-grandfather and the great-grandmother;

24) "close relatives" are the parents, children, adoptive parents adopted full and not full brothers and sisters, the grandfather, the grandmother, grandsons;

25) "the other persons who are involved in criminal trial" - the court session secretary, the translator, the eyewitness, the witness, the witness, the expert, the specialist, the bailiff;

25-1) "the disappeared person is unknown" - person which location within two months from the moment of filing of application by the investigation and search operations held in this time to establish was not provided possible;

26) "criminal case" - the isolated production which is conducted criminal prosecution authority and court concerning one or several presumably committed crimes;

27) "proceeedings" - set of the legal proceedings and decisions performed on specific criminal case during its excitement, pre-judicial preparation, legal proceedings and execution of sentence (resolution) of court;

28) "pre-judicial criminal proceeding" - criminal proceeding from the moment of initiation of legal proceedings to the direction it in court for consideration on the merits (inquiry and pretrial investigation), and also preparation of materials on criminal case by the private prosecutor and the party of protection;

29) "case papers" - the documents and objects which are component of case or provided for familiarizing with it; messages, and also documents and objects which can matter for establishment of circumstances on case;

30) "legal proceedings" - the actions made during criminal trial according to this Code;

31) "protocol" - the procedural document in which the legal proceeding made by the body conducting criminal procedure is fixed;

32) "proceeding decisions" - the acts of application of criminal procedure law which are taken out by the bodies conducting criminal procedure, within their competence, and expressed in the form determined by this Code - sentences, resolutions, the conclusions, representations, sanctions;

33) "resolution" - anything, in addition to sentence, the judgment; the decision of the investigator, investigator, prosecutor accepted during pre-judicial criminal proceeding and also within the simplified pre-judicial production;

34) "sentence" - the judgment passed by court of the first, appellate instance on guilt or innocence of the person accused and application or non-use of punishment to it;

35) "the final decision" - any decision of the body conducting criminal procedure, the excluding beginning or continuation of proceeedings, and also permitting at least and not finally put in essence;

36) "sanction" - the act of approval by the prosecutor, court of the proceeding decision made by criminal prosecution authority during pre-judicial production;

37) "explanation" - the oral or written argumentation provided by participants of process and applicants to reasons for the claim or claim of the represented person;

38) "the claim, protest" - the act of response of participants of process to actions of bodies of inquiry, pretrial investigation, the prosecutor or court introduced within their competence and according to the procedure, established by this Code;

39) "petition" - the request of the party or the applicant turned to the body conducting criminal procedure about production of legal proceeding or adoption of the proceeding decision, and in supervising instance - the address about initiation of supervising production and review of the court resolution which took legal effect;

40) "scientific and technical means" - the devices, special devices, materials legally applied to detection, fixing, withdrawal and research of the proof;

41) "special knowledge" - not the well-known knowledge in criminal procedure acquired by person during professional training or practical activities, used for the solution of tasks of criminal trial;

41-1) "special scientific knowledge" - area of special knowledge which content is made by the scientific knowledge realized in techniques of judicial and expert researches;

42) "dwelling" - the room or structure for temporary or permanent residence of one or several persons, including: own or leasable apartment, house, garden house, hotel room, cabin; the verandahs which are directly adjoining them, terraces, galleries, balconies, the cellar and attic of residential building, except the apartment house, and also the river or ocean ship;

43) "night time" - period from twenty to six o'clock local time.

Chapter 2. Tasks and principles of criminal procedure

Article 8. Tasks of criminal procedure

1. Tasks of criminal procedure are bystry and complete disclosure of crimes, exposure and criminal prosecution of persons which made them fair legal proceedings and the correct application of the penal statute.

2. The procedure for production established by the law on criminal cases shall provide protection against insubstantial accusation and condemnation, against illegal restriction of rights and freedoms of man and citizen, in case of illegal accusation or condemnation nevinovnogonezamedlitelny and its complete rehabilitation, and also to promote strengthening of legality and law and order, the prevention of crimes, forming of respect for the right.

Article 9. Value of the principles of criminal procedure

Value of the principles of criminal procedure consists that their violation, depending on its nature and materiality, attracts recognition of the taken place proceeedings invalid cancellation of the decisions passed during such production or recognition of the materials collected at the same time not having strength of evidence.

Article 10. Legality

1. Court, the prosecutor, the investigator, body of inquiry and the investigator in case of production on criminal cases shall observe precisely requirements of the Constitution of the Republic of Kazakhstan, of this Code, other regulatory legal acts specified in Article of 1 of this Code.

2. Courts have no right to apply the laws and other regulatory legal acts infringing the rights and freedoms of man and citizen affirmed by the Constitution. If the court sees that the law or other regulatory legal act which is subject to application infringes at the rights and freedoms of man and citizen affirmed by the Constitution, it shall suspend proceeedings and address to the Constitutional Council of the Republic of Kazakhstan with idea of recognition of this act unconstitutional.

Decision of the courts and criminal prosecution authorities, based on the law or other regulatory legal act recognized unconstitutional to execution are not subject.

3. Violation of the law by court, criminal prosecution authorities in case of production on criminal cases inadmissibly also involves the responsibility established by the law, recognition of acts illegal and their cancellation.

Article 11. Justice implementation only court

1. Justice on criminal cases in the Republic of Kazakhstan is performed only by court. Assignment of powers of court somebody attracts the responsibility provided by the law.

2. Nobody can be found guilty of crime execution, and also will subject to criminal penalty differently, as according to the court verdict and according to the law.

3. Competence of court, limits of its jurisdiction, procedure it criminal trial are determined by the law and cannot be randomly changed. The organization of emergency or special courts under any name for consideration of criminal cases is not allowed. Sentences and other decisions of emergency courts, and also others illegally the founded courts have no legal force and are not subject to execution.

4. The sentence and other judgments, performing criminal trial on not cognizable to it to case, exceeded the authority or otherwise broken the principles of criminal trial provided by this Code, are illegal and are subject to cancellation.

5. The sentence and other judgments on criminal case can be checked and reviewed only by the relevant courts according to the procedure, provided by this Code.

Article 12. Judicial protection of rights and freedoms of man and citizen

1. Everyone has the right to judicial protection of the rights and freedoms.

2. Can to nobody without its consent be changed the cognizance provided for it by the law.

3. The state provides to the victim access to justice and compensation of the caused damage in the cases and procedure established by the law.

Article 13. Respect of honor and advantage of the personality

1. In case of criminal proceeding the decisions and actions degrading honor or belittling advantage of person who is involved in criminal trial are prohibited collection, use and distribution of data on private life are not allowed, and equally in data of personal nature which person considers necessary to keep in secret, for the purposes which are not provided by this Code.

2. The moral harm done to person by illegal actions of the bodies conducting criminal procedure is subject to compensation in the procedure established by the law.

Article 14. Integrity of human beings

1. Nobody can be detained on suspicion of crime execution, is arrested or otherwise imprisoned differently, as on the bases and according to the procedure, established by this Code.

2. Arrest and detention are allowed only in the cases provided by this Code and only from the sanction of court with provision to the arrested of the right of judicial appeal. Without sanction of court person can be subjected to detention for the term of no more than seventy two hours. The forced placement of person who is not held in custody to the medical organization for production of forensic-psychiatric examination is allowed only by a court decision. The forced placement of person who is not held in custody to the medical organization for production of forensic medical examination is allowed by a court decision or from the sanction of the prosecutor.

3. Each detainee is immediately told the detention bases, and also legal qualification of crime of which making he is suspected or accused.

4. The court, criminal prosecution authorities shall exempt immediately illegally the detainee, either the arrested or illegally placed in the medical organization, or who is held in custody over the term provided by the law or sentence.

5. None of persons who are involved in criminal trial can be exposed to violence, the cruel or degrading human dignity address.

6. Nobody can be recruited in the legal proceedings creating danger to life or health of person. The legal proceedings breaking integrity of human beings can be made against the will of person or his legal representative only in the cases and procedure which are directly provided by this Code.

7. Content of person concerning which as measure of restraint arrest is chosen and also person detained on suspicion of crime shall be performed in the conditions excluding threat of his life and to health.

8. The harm done to the citizen as a result of illegal imprisonment, content in conditions, life-threatening and health, him abuse is subject to compensation according to the procedure, provided by this Code.

Article 15. Protection of the rights and freedoms of citizens in case of production on criminal cases

1. The body conducting criminal procedure shall protect the rights and freedoms of the citizens who are involved in criminal trial to create conditions for their implementation, to take timely measures to satisfaction of legal requirements of participants of process.

2. The harm done to the citizen as a result of violation of its rights and freedoms in case of criminal proceeding is subject to compensation on the bases and according to the procedure, the provided this Code.

3. In the presence of good causes on the fact that to the victim, the witness or other persons who are involved in criminal trial, and also members of their families or other close relatives are threatened with murder, use of violence, destruction or damage of property or other dangerous illegal actions the body conducting criminal procedure shall take within the competence the measures provided by the law to protection of life, health, honor, advantage and property of these persons.

Article 16. Personal privacy. Mystery of correspondence, telephone negotiations, post, cable and other messages

Private life of citizens, personal and family secret are under protection of the law. Everyone has the right to the mystery of personal deposits and savings, correspondence, telephone negotiations, post, cable and other messages. Restrictions of these rights during criminal procedure are allowed only in cases and according to the procedure, directly established by the law.

Article 17. Inviolability of home

The dwelling is inviolable. Penetration into the dwelling against the will of the borrowing his faces, production of its visit and search is allowed only in cases and according to the procedure, established by the law.

Article 18. Security of property

1. The property is guaranteed by the law. Nobody can be deprived of the property differently as by a court decision.

2. Seizure of deposits of persons to banks and other property, and also its withdrawal during legal proceedings can be made in cases and according to the procedure, provided by this Code.

Article 19. Presumption of innocence

1. Everyone is considered innocent until his guilt in crime execution is proved in the procedure provided by this Code and is established by the court verdict which took legal effect.

2. Nobody shall prove the innocence.

3. Unremovable doubts in guilt of the person accused are interpreted in its advantage. For benefit of the person accused also the doubts arising in case of application of the criminal and criminal procedure laws shall be permitted.

4. The conviction cannot be based on assumptions and shall be confirmed with sufficient set of mathematical evidences.

Article 20. Inadmissibility of repeated condemnation and criminal prosecution

Nobody can be subjected to repeatedly criminal liability for the same crime.

Article 21. Implementation of justice on the basis of equality before the law and court

1. Justice is performed on the basis of equality of all before the law and court.

2. During criminal trial nobody can be exposed to any discrimination based on origin, social, official and property status, floor, race, nationality, language, the relation to religion, beliefs, the residence or on any other circumstances.

3. Conditions of criminal trial concerning persons having immunity from prosecution are determined by the Constitution of the Republic of Kazakhstan, this Code, the laws and international treaties ratified by the Republic of Kazakhstan.

Article 22. Independence of the judge

1. The judge in case of administration of law is independent and submits only to the Constitution of the Republic of Kazakhstan and the law.

2. Any intervention in activities of court for administration of law is inadmissible and attracts legal accountability. On specific cases of the judge are not accountable.

3. Guarantees of independence of the judge are established by the Constitution of the Republic of Kazakhstan and the law.

Article 23. Implementation of legal proceedings on the basis of competitiveness and equality of participants

1. Criminal trial is performed on the basis of the principle of competitiveness and equality of participants of accusation and protection.

2. Criminal prosecution, protection and permission of case by court are separated from each other and are performed by different bodies and officials.

3. The obligation of proof of the charge brought to the defendant is assigned to the prosecutor.

4. The defender shall use all means and methods of protection of the defendant provided by the law.

5. The court is not criminal prosecution authority, is not on the side of accusation or protection and does not express any interests, in addition to interests of the right.

6. Court, keeping objectivity and impartiality, creates necessary conditions for accomplishment by the parties of their procedural obligations and implementation of the rights granted to them.

7. The parties participating in criminal trial are equal, that is are allocated with the Constitution and this Code equal opportunities to uphold the line item. The court bases the proceeding decision only on those proofs, participation in which research was on an equal basis provided to each of the parties.

8. The parties choose during criminal trial the line item, methods and means of its upholding independently and irrespective of court, other bodies and persons. The court according to the petition of the party renders it assistance in the receipt of required materials according to the procedure provided by this Code.

9. The state prosecutor and the private prosecutor can perform criminal prosecution of certain person or, in the cases provided by the law, to refuse criminal prosecution. The suspect and the person accused can freely deny the guilt or find himself guilty. The civil claimant has the right to refuse the claim or to sign the voluntary settlement with the civil defendant. The civil defendant has the right to recognize the claim or to sign the voluntary settlement with the civil claimant.

10. The court provides to the parties the right in consideration of the case on the first and appellate instance; the person accused and his defender are allowed when considering the case in cassation and supervising procedure on newly discovered facts. The party of accusation shall be provided by the state or private prosecutor by consideration of each criminal case by court. Other cases when the parties be involved in consideration of the case by court, are determined by this Code.

Article 24. Comprehensive, complete and objective investigation of the facts of the case

1. Court, the prosecutor, the investigator, the investigator shall take all measures provided by the law for comprehensive, complete and objective investigation of the circumstances necessary and sufficient for the correct permission of case.

2. Criminal prosecution authorities reveal actual data on the basis of which the circumstances important for case are established.

3. The court considering criminal case, keeping objectivity and impartiality, creates to the parties of accusation and protection necessary conditions for realization of their rights to comprehensive and complete investigation of the facts of the case.

3-1. The court is not connected by opinion of the parties concerning need and the sufficiency of research which are available in case and produced in judicial session of the evidence by the parties, except as specified, provided by part two of Article of 361 of this Code.

4. The circumstances both catching, and acquitting the person accused, and also commuting and aggravating its responsibility and penalty are subject to examination on case. By the body conducting criminal procedure all pleas of not guilty or smaller degree of guilt, and also about availability of the proofs acquitting the suspect, the person accused or mitigating their responsibility, and also statements for application of the unlawful methods of the investigation when collecting and fixing case papers as proofs shall be checked.

Article 25. Assessment of proofs on internal belief

1. The judge, the prosecutor, the investigator, the investigator estimate proofs on the internal belief based on set of the considered proofs, being guided at the same time by the law and conscience.

The jury member estimates proofs on the internal belief based on set of the considered proofs, being guided at the same time by conscience.

2. No proofs have predefined force.

Article 26. Providing to the suspect, person accused of right of defense

1. The suspect, the person accused have right of defense. They can perform this right as personally, and by means of the defender, the legal representative according to the procedure, established by this Code.

2. The body conducting criminal procedure shall explain to the suspect, the person accused of their right and to provide them opportunity to be protected from accusation by all means which are not prohibited by the law, and also to take measures to protection of their personal and property rights.

3. In the cases provided by this Code, the body conducting criminal procedure shall provide participation in case of the defender of the suspect, the person accused.

4. Participation in criminal trial of the defender and the legal representative of the suspect, the person accused does not diminish the rights belonging to the last.

5. The suspect, the person accused shall not be forced to evidence, representation of any materials to criminal prosecution authorities, rendering any assistance to them.

6. For the suspect, the person accused all guarantees of the right of defense belonging to them remain also by consideration of criminal case concerning person accused of crime execution, joint with them.

Article 27. Release from obligation to give the testimony

1. Nobody shall give evidences against himself, the spouse (spouses) and the close relatives whose circle is determined by the law.

2. Priests shall not witness against trusted in them on confession.

3. In the cases provided by parts one and the second this Article, specified persons have the right to refuse evidence and cannot be subjected for it to any responsibility.

Article 28. Providing right to qualified legal aid

1. Everyone has the right during criminal procedure of qualified legal aid according to provisions of this Code.

2. In the cases provided by the law, legal aid is given free of charge.

Article 29. Publicity

1. Trial of criminal cases and in all degrees of jurisdiction happens in all courts openly. Restriction of publicity of legal proceedings is allowed, only when it contradicts interests of protection of the state secrets. The closed legal proceedings, besides, are allowed according to the motivated court order on cases on crimes of minors, on cases on sex offenses and another matters for the purpose of prevention of disclosure of data on intimate aspects of life of persons participating in case, and also in cases when it is required by interests of safety of the victim, witness or other persons, and also members of their families or close relatives participating in case. In the closed judicial session the claims to actions and decisions of the body performing criminal prosecution which are also permitted by court at pre-judicial stage of legal procedure are considered.

2. Trial of cases and claims in closed meeting is performed with observance of all rules established by this Code.

3. The court verdict and resolutions accepted on case in all cases are proclaimed publicly.

Article 30. Language of criminal trial

1. Criminal trial in the Republic of Kazakhstan is conducted in state language, and in need of legal proceedings on an equal basis with state Russian or other languages is used.

2. The body conducting criminal procedure in need of conducting case in Russian or other languages issues the motivated decree on change of language of legal proceedings.

3. The right to make statements, to offer explanations and indications, to declare petitions, to bring claims, to get acquainted with case papers, to appear in court in the native language or other language which they know is explained and provided to the persons participating in case not knowing or insufficiently knowing language in which proceeedings are conducted; free of charge to use translation service according to the procedure, established by this Code.

4. Transfer into language of criminal trial necessary it by law the case papers stated in other language free of charge is provided to persons participating in criminal trial. Transfer into language of legal proceedings of part of pleadings by that which occurs in other language gratuitously is provided to persons participating in legal procedure.

5. The bodies conducting criminal procedure hand to participants of process documents which according to this Code shall them be handed, in legal proceedings language. At the same time for persons who are not knowing language of criminal trial the verified copy of the document stated in the legal proceedings language chosen as these faces is attached.

Article 31. Freedom of appeal of legal proceedings and decisions

1. Action and the judgment and criminal prosecution authority can be appealed according to the procedure, established by this Code.

2. Each convict has the right to review of sentence by superior court according to the procedure, established by this Code, and also to ask about pardon or mitigation of punishment. With appeal for pardon or mitigation of punishment has the right to address also the person condemned by court of foreign state and transferred for serving sentence to the Republic of Kazakhstan without condition about non-use of pardon.

3. The circulation of the claim to the detriment of person who made the complaint or to the detriment of person for the benefit of whom it was submitted is not allowed.

Chapter 3. Criminal prosecution

Article 32. Cases of private, private and public and public prosecution and accusation

1. Depending on nature and weight of the committed crime criminal prosecution and accusation in court are performed in private, private and public and public procedure.

2. Cases on the crimes specified in Article 33 of this Code are considered as cases of private prosecution, are initiated precisely according to the statement of the victim and are subject to the termination behind its conciliation with the person accused.

3. Cases on the crimes specified in Article 34 of this Code are considered as cases of private and public accusation, are initiated precisely according to the claim of the victim, and stipulated in Article 67 Criminal Codes of Kazakhstan are subject to the termination behind conciliation of the victim with the person accused only in cases.

4. Cases on the crimes except for specified in parts two and third this Article are considered as cases of public accusation. Criminal prosecution on these cases is performed irrespective of submission of the claim by the victim.

Article 33. Crimes on which criminal prosecution can be performed in private procedure

1. Criminal prosecution can be performed in private procedure on cases on the crimes provided by Articles 111, of 123, of 129, of 130, of 136, of 140, 142 (part one), 144 (part one), 145 (part one), 300 (part one) of the Criminal Code of Kazakhstan.

2. The prosecutor has the right to initiate proceeedings of private prosecution and in the absence of the claim of the victim if act infringes on interests of person which is in helpless or dependent condition or for other reasons not capable to independently use the rights belonging to it.

Article 34. Implementation of criminal prosecution in private and public procedure

1. The criminal prosecution performed in private and public procedure cannot be begun and criminal proceeding is brought in the absence of the claim of the victim on cases on the crimes provided by Articles 103 (part one), 104 (part one), 117 (parts one and the second), 120 (part one), 121 (part one), 135, 139, 144 (part two, 176 (parts one and the second), 184 (part one), 184-1 (part one), 187 (part one), 188, 200, by 226 (part one), 227 (part one), 228, 229 (part one), 296 (part one), 327 (part one) of the Criminal Code of Kazakhstan.

2. The prosecutor has the right to initiate proceeedings of private and public accusation and in the absence of the claim of the victim if act infringes on interests of person which is in helpless or dependent condition or for other reasons not capable to independently use the rights belonging to it, or infringes on essential interests of other persons, societies or the states.

Article 35. Criminal prosecution according to the statement of commercial or other organization

If the act provided by Chapter 8 of the Criminal Code of Kazakhstan did harm to interests of exclusively commercial or other organization which is not the state company and did not do harm to interests of other organizations, and also interests of citizens, societies or the states, criminal prosecution is performed according to the statement of the head of this organization or authorized body or from their consent.

Article 36. General terms of implementation of criminal prosecution

1. For the purpose of accomplishment of tasks of criminal trial the criminal prosecution authority shall take within the competence of each case of detection of essential elements of offense all measures provided by the law to establishment of event of crime, exposure of persons guilty of crime execution, their punishment, is equal how to take measures to rehabilitation of the innocent.

2. The criminal prosecution authority shall provide to the victim access to justice and take measures to indemnification, caused by crime.

3. The criminal prosecution authority performs the powers in criminal procedure irrespective of any bodies and officials and in strict accordance with requirements of this Code.

4. Impact in any form on criminal prosecution authority for the purpose of hindrance to objective investigation on criminal case attracts the responsibility established by the law.

5. Requirements of criminal prosecution authority imposed according to the law are obligatory for execution by all state bodies, organizations, officials and citizens and shall be performed no later than three days. In case of need decision makings about initiation of legal proceedings or detentions, arrest of the criminal prosecution authority suspected the requirement it shall be performed within twenty four hours. Failure to carry out of the specified requirements without valid excuse attracts the responsibility established by the law.

Article 37. The circumstances excluding proceeedings

1. Criminal case cannot be brought, and the brought criminal case is subject to the termination:

1) behind the absence of evidence of a crime;

2) behind absence in act of actus reus;

3) owing to the act of amnesty if it eliminates application of punishment for committed acts;

4) behind lapse of time;

5) in the absence of the claim of the victim - on cases on the crimes provided by part one of Article 33 and part one of Article 34 of this Code, except as specified, 34 of this Code provided by part two of Article 33 and part two of Article;

6) in case of refusal of the private prosecutor of accusation - on cases on the crimes provided by Article part one 33 of this Code, except as specified, provided by part two of the same Article;

7) concerning person about whom there is court verdict which took legal effect on the same accusation or other not cancelled court decree which established impossibility of criminal prosecution;

8) concerning person, about refusal of which criminal prosecution on the same accusation there is not repealed resolution of criminal prosecution authority;

9) concerning person who made the act prohibited by the penal statute in diminished responsibility condition except cases when initiation of legal proceedings is necessary for application to it enforcement power of medical nature;

10) in connection with refusal in consent by authorized body or the official on criminal prosecution of person having privileges or immunity from prosecution;

11) concerning the dead, except as specified, when proceeedings are necessary for rehabilitation of the dead or legal investigation concerning other persons;

12) concerning person which is subject to release from criminal liability owing to provisions of the Criminal Code of Kazakhstan.

13) in case of recognition by the Constitutional Council of the Republic of Kazakhstan unconstitutional the law or other regulatory legal act which is subject to application on this criminal case on which qualification of act as crimes depends.

2. Criminal case is dismissed on the bases provided by Items 1 and 2 of part one of this Article both in case of validity of the absence of evidence of a crime or lack of evidence, and in case of absence of proof of their availability if all opportunities for collecting of corroborating evidences are exhausted.

3. Criminal case is subject to the termination on the basis, stipulated in Item 2 parts one of this Article, and in cases when causing by accused (suspect) of harm is lawful or act is made by accused (suspect) under circumstances which according to the Criminal Code of Kazakhstan exclude its crime and criminal liability.

4. The refusal in initiation of legal proceedings or the termination of criminal case on the bases specified in Items 3, 4 and 11 parts one of this Article is not allowed if person on whom the applicant directly specifies as person who committed crime the suspect, the person accused, and also the defendant or his legal representatives object to it. In this case proceeedings proceed and come to the end in the presence to that the bases with the resolution of conviction with release of the convict from punishment.

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