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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 14-03-2023)

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 case of threat of making in their relation of violence or other act prohibited by the penal statute.

Article 2. The bodies ensuring safety

1. Safety of protected persons is ensured:

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

2) the body performing security measures.

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

At the same time separate security measures are performed in interaction with other authorized state bodies, local executive bodies and the organizations.

The order of interaction of state bodies when implementing security measures of protected persons is determined by the joint regulatory legal acts approved by the first heads of state bodies in coordination with the Attorney-General of the Republic of Kazakhstan.

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