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CODE OF PENAL PROCEDURE OF THE REPUBLIC OF KAZAKHSTAN

of July 4, 2014 No. 231-V ZRK

(The last edition from 01-04-2019)

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 provisions of the Constitution of the Republic of Kazakhstan are effective.

2. In case of contradiction between rules of this Code and the constitutional law of the Republic of Kazakhstan provisions of the constitutional law are effective. 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 making of criminal offense 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 enacted by the time of accomplishment of legal proceeding, adoption of the proceeding decision.

2. 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 57 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) issue of person (extradition) - issue to the state of person searched for criminal prosecution or execution of sentence;

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

3) the 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;

4) appellate instance - the court considering the merits of the case on petitions for appeal and appeal petitions of the prosecutor on the sentences which did not take legal effect, court orders of the first instance;

5) 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;

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

7) the applicant - the person who reported about criminal offense or addressed court or criminal prosecution authorities for protection according to the procedure of criminal trial of the valid or expected right or the right of person represented to them;

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

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