of January 9, 2023 No. 15
About approval of the Instruction on the organization of supervision of observance of constitutional rights and freedoms of man and citizen in criminal procedure
For the purpose of the proper organization of public prosecutor's supervision of application of the laws, being guided by the subitem 15) of article 9 of the Constitutional law of the Republic of Kazakhstan "About prosecutor's office", I ORDER:
1. Approve the enclosed Instruction on the organization of supervision of observance of constitutional rights and freedoms of man and citizen in criminal procedure.
2. 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.
3. To impose control of execution of this order on the deputy attorney general of the Republic of Kazakhstan supervising supervision of legality of criminal prosecution.
4. This order becomes effective from the date of its signing.
Attorney-General of the Republic of Kazakhstan
Approved by the Order of the Attorney-General of the Republic of Kazakhstan of January 9, 2023 No. 15
1. This Instruction (further – the Instruction) regulates the organization and implementation of supervision of observance of constitutional rights and freedoms of man and citizen in criminal procedure based on the Constitution of the Republic of Kazakhstan, the Constitutional law of the Republic of Kazakhstan "About prosecutor's office", the Code of penal procedure of the Republic of Kazakhstan (further - the Code of Criminal Procedure) and other legal acts.
2. The main objective of supervision is protection and recovery of constitutional rights and freedoms of man and citizen, identification and elimination of violations of legality.
3. The prosecutor when implementing the activities shall protect the rights, freedoms and legitimate interests of man and citizen, and also without delay to exempt the persons illegally brought, detained and who are in rooms the law enforcement agencies and special state bodies and other places limiting their personal liberty, the guardrooms, organizations performing measures of forced nature, special facilities and organizations of criminal executive system.
4. Prosecutors by means of permanent checks, including at night, provide respecting the rule of law and justification of forced maintenance and delivery of citizens in criminal prosecution authorities.
5. Checks of service premises, temporary detention centers (further - IVS) and cameras of temporary content concerning observance of constitutional rights and freedoms of man and citizen in criminal prosecution authorities are performed by territorial prosecutors daily in the place of their dislocation, in regional offices of bodies – prosecutors of prosecutor's offices of areas.
Are performed using video recorders (in case of their availability) with the organization of centralized storage of videos of checks.
During checks monitoring of the Information system about electronic accounting of visitors in law enforcement agencies is carried out (1-D).
When checking prosecutors pay special attention on justification and availability of good causes in case of delivery of citizens in criminal prosecution authorities, adherences to deadlines, urgency of delivery days at night, and also numerous delivery of the same person within one criminal case in short period.
In case of delivery of 5 and more persons departure of the prosecutor to the building of criminal prosecution authority is obligatory.
In case of factual determination of unreasonable delivery, illegal content in criminal prosecution authorities the prosecutor, under oral approval of the head of body of prosecutor's office the resolution exempts illegally the containing person (with pronouncement of the resolution according to appendix No. 1), with introduction of the act of public prosecutor's supervision concerning the guilty official.
6. According to each message on detention of person, the head of body of prosecutor's office checks legality and justification of the decision, suspicion, observance of the rights of the suspect provided by Articles 64, 131 Code of Criminal Procedure, and also procedure for detention, procedural terms and procedural registration and their medical examination, power of the person for implementation of pre-judicial investigation, timeliness of the direction of notifications to the prosecutor, relatives of detainees, to embassies, consulates or other representations of foreign state (in case of detention of the foreigner).
Legality of detention is performed no more than twenty four hours from the moment of the actual detention in time, and during detention of the minor – in time no more than twelve hours.
In case of considerable remoteness of body of investigation from military and transport prosecutor's offices, according to their message territorial prosecutors without delay organize check of legality and procedure for detention, with the subsequent informing on results.
In case of detection of illegality of detention the head of body of prosecutor's office without delay exempts suspected by the resolution (appendix No. 2) with taking measures concerning perpetrators about what information at the same time goes to higher prosecutor's office.
7. The release fact illegally of the brought or detained person without fail is registered in KUI of prosecutor's office. In the presence of signs of criminal offense, stipulated in Article 414 UK, the prosecutor provides registration of the official report in ERDR.
8. In case of IVS podnadzornost to several prosecutor's offices or uses by its different criminal prosecution authorities, its check it is performed by prosecutor's office in the territory of which it is located, or according to the schedule of check approved by the prosecutor of the region or his deputy.
Check of IVS by military and transport prosecutor's offices is performed in case of receipt of the message on detention of person on persons under surveillance by it to criminal cases.
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