Document from CIS Legislation database © 2003-2022 SojuzPravoInform LLC

LAW OF THE REPUBLIC OF KAZAKHSTAN

of July 5, 2000 No. 72-II

About the state protection of persons who are involved in criminal trial

(as amended on 11-07-2017)

This Law installs system of measures of the state protection of life, health, property, legitimate rights, interests of persons who are involved in criminal trial, members of their families and close relatives, ensuring their safety for the purpose of suppression of illegal intervention in criminal procedure.

Chapter 1. General provisions

Article 1. The legislation of the Republic of Kazakhstan on the state protection of persons who are involved in criminal trial

1. The legislation of the Republic of Kazakhstan on the state protection of persons who are involved in criminal trial is based on the Constitution of the Republic of Kazakhstan and consists of the Criminal Code of Kazakhstan, the Code of penal procedure of the Republic of Kazakhstan, the Penitentiary code of the Republic of Kazakhstan, this Law and other regulatory legal acts of the Republic of Kazakhstan.

2. If the international treaty ratified by the Republic of Kazakhstan establishes other rules, than those which contain in this Law then are applied rules of the international treaty.

3. The bodies specified in article 2 of this Law in coordination with the Attorney-General of the Republic of Kazakhstan, within the competence based on this Law adopt the regulatory legal acts regulating procedure of security measures.

Article 1-1. The principles of implementation of the state protection of persons who are involved in criminal trial

The state protection of persons who are involved in criminal trial is performed according to the principles of legality, respect of rights and freedoms of man and citizen, priority of the rights and legitimate interests of the identity of the protected person, the cross liability of the protected persons and bodies providing the state protection.

Article 1-2. Ensuring the state protection of persons who are involved in criminal trial

Ensuring the state protection of persons who are involved in criminal trial members of their families and close relatives consists in implementation by authorized state bodies of the security measures provided by this Law, the legal and social protection (further - measures of the state protection) applied in the presence of real threat of infringement of life, health and property of specified persons.

Article 2. The bodies ensuring safety

Safety of protected persons is ensured:

1) the body making the decision on application of security measures;

2) the body performing security measures.

Implementation of security measures is assigned to bodies of homeland security, internal affairs, military management, anti-corruption service and service of economic investigations.

Article 3. Persons which are subject to the state protection

Are subject to the state protection according to the Code of penal procedure of the Republic of Kazakhstan and this Law:

1) judges;

2) jury members;

3) prosecutors;

4) investigators;

5) investigators;

6) persons performing operational search, counterintelligence activities;

6-1) citizens helping the bodies performing operational search, counterintelligence activities;

6-2) private prosecutors;

7) defenders;

8) experts;

9) specialists;

10) court session secretaries, bailiffs, legal executives;

11) victims;

12) witnesses;

13) suspects;

14) persons accused, defendants, convicts, and also persons concerning whom criminal prosecution is stopped or court the verdict of not guilty is pronounced;

15) translators;

16) witnesses;

17) legal representatives, representatives;

18) civil claimants, civil defendants;

19) members of families, close relatives of persons listed in subitems 1) - 18) this Article.

Measures of the state protection can be also applied to persons promoting the prevention or disclosure of crimes in the presence of real threat of making of violence against them or other act prohibited by the penal statute.

Persons listed in this Article on whom the decision on application of measures of the state protection is in accordance with the established procedure made hereinafter are referred to as further "protected persons".

Article 4. Emergence of the right to the state protection

1. In the presence of good causes that persons which are subject to protection are threatened with murder, use of violence, destruction or damage of property or other dangerous illegal actions, the bodies ensuring safety of protected persons shall take the measures of the state protection provided by this Law within the competence.

2. In the cases provided by the laws of the Republic of Kazakhstan, the decision on application of security measures concerning the citizens helping the bodies performing operational search, counterintelligence activities, along with the body conducting criminal procedure, according to the procedure, provided by this Law, accept the bodies performing operational search, counterintelligence activities.

Article 5. Types of the state protection

According to this Law and other legal acts of the Republic of Kazakhstan to protected persons it is provided:

1) application of security measures by authorized state bodies for the purpose of protection of life and health of protected persons, and also ensuring safety of their property;

2) application of the measures of legal protection providing including criminal liability for infringement of their life, health and property;

3) implementation of the measures of social protection providing realization of the right to material compensation established by this Law in case of their death (death), causing by it bodily harms or other harm to health, destruction or damage of their property.

Article 6. Supervision of respecting the rule of law when implementing measures of the state protection

The highest supervision of respecting the rule of law when implementing measures of the state protection is assigned to the Attorney-General of the Republic of Kazakhstan and prosecutors subordinated to it.

Chapter 2. Security measures

Article 7. Types of security measures

For the purpose of ensuring personal and property security of protected persons in case of production of inquiry, pretrial investigation or during legal proceedings the body conducting criminal procedure taking into account specific circumstances has the right to apply the following procedural and other security measures:

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