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CODE OF PENAL PROCEDURE OF THE REPUBLIC OF KAZAKHSTAN

of July 4, 2014 No. 231-V ZRK

(as amended on 02-07-2021)

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;

9) Trial Court - the district and equated to them courts (city, specialized interdistrict courts, military courts of garrisons) considering according to cognizance the criminal cases which arrived after completion of pre-judicial investigation or after cancellation of court resolution by superior court or according to the claim of the private prosecutor, the specialized examining courts, specialized interdistrict examining courts considering claims to decisions and actions (failure to act) of persons performing pre-judicial investigation, the prosecutor exercising supervision of legality of operational search activities, pre-judicial investigation, the authorizing legal proceedings in the cases provided by this Code and also the performing other powers provided by this Code;

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

11) close relatives are parents, children, adoptive parents (adopters), the adopted (adopted), full and not full brothers and sisters, the grandfather, the grandmother, grandsons;

12) secret investigative action - the action which is carried out during pre-judicial production without preliminary informing persons whose interests it concerns, according to the procedure and the cases provided by this Code;

13) legal representatives are parents (parent), adoptive parents (adopters), 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;

14) cassation instance - the board of the Supreme Court of the Republic of Kazakhstan considering case on petitions, representations

to protests on sentences, resolutions of Trial and Appeal Courts;

15) the electronic document - the document in which information is provided in electronic and digital form and is certified by means of the digital signature;

16) the resolution - any, in addition to sentence, the judgment, the decision of the investigator, body of inquiry, the investigator, prosecutor accepted in course of production on criminal case

17) protection - the procedural activities performed by the party of protection for the purpose of providing the rights and interests of persons which are suspected, accused of making of criminal offense, confutation or mitigation of suspicion, accusation, and also rehabilitation of persons which illegally underwent to criminal prosecution;

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

19) 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;

20) competent authority - the body conducting criminal procedure which makes inquiry (the order, the petition) according to the Section 12 of this Code or provides execution of request (the order, the petition) about rendering legal assistance;

21) legal assistance - carrying out one state by competent authorities on request (the order, the petition) of competent authorities of other state or the international legal agencies of the legal proceedings necessary for pre-judicial investigation, legal proceedings of case or execution of the court ruling;

22) 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 making of criminal offense and also for ensuring application to such person of punishment or other measures of criminal law action;

23) bodies (officials) of criminal prosecution - the prosecutor (the state prosecutor), the investigator, body of inquiry, the investigator;

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

25) participants of criminal procedure - 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: the prosecutor (the state prosecutor), the investigator, body of inquiry, the investigator, the suspect, the witness having right of defense, the person accused, their legal representatives, the defender, the civil defendant, the victim, the private prosecutor, the civil claimant, their legal representatives and representatives;

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

27) criminal case - the isolated production which is conducted criminal prosecution authority and (or) court concerning one or several criminal offenses;

28) crown case - the procedural activities of the prosecutor in court of the first and appellate instance consisting in proof of accusation for the purpose of criminal prosecution of person who made criminal offense;

29) the actual detention - restriction of freedom of the detained person, including freedom of travel, forced deduction in certain place, forced delivery in bodies of inquiry and investigation (capture, closing indoors, to undergo coercion somewhere or to remain on site and so on), and also any other actions significantly limiting personal liberty of the person, since the moment to within minute when the specified restrictions became real, irrespective of giving to the detainee of any procedural status or accomplishment of other formal procedures;

30) protest, the petition of the prosecutor - the act according to public prosecutor's supervision and response of the prosecutor to the judgment, the investigative judge on criminal case introduced within its competence and the procedure provided by this Code;

The central body - the body authorized on behalf of the state to consider 31) according to the procedure, provided by this Code, request (the order, the petition) of competent authority of foreign state or the international legal agency and to take measures for the purpose of the organization of its execution or to send to foreign state inquiry (the order, the petition) of competent authority for rendering legal assistance;

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

33) the 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 cassation instance - the address about review in cassation procedure for the court resolution which took legal effect;

34) head of body of prosecutor's office - The Attorney-General of the Republic of Kazakhstan, prosecutors of areas and prosecutors and their deputies, and also prosecutors of areas, cities and the prosecutors and their deputies acting within the competence equated to them equated to them;

35) the procedural prosecutor - the prosecutor to whom according to this Code the head of prosecutor's office assigns supervision of application of the laws on criminal case;

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

37) the procedural agreement - the agreement signed between the prosecutor and the suspect, the person accused or the defendant at any stage of criminal procedure or the convict according to the procedure and on the bases provided by this Code;

38) proceeding decisions - acts of the bodies conducting criminal procedure, criminal proceedings which are taken out in connection with implementation;

39) the sanction - the leave of court on making during pre-judicial production of legal proceeding by criminal prosecution authority;

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

41) pre-judicial production - proceeedings since the beginning of pre-judicial investigation to the direction the prosecutor of criminal case in court for its consideration in essence or suit abatements, and also preparation of materials on criminal case by the private prosecutor and the party of protection;

42) the 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;

43) the requesting party - the state which competent authority makes inquiry (the order, the petition), or the international legal agency;

44) the required party - the state to which competent authority the inquiry is sent (the order, the petition);

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

46) competence - set of the signs established by this Code on which investigation of this criminal offense is within the competence of this or that criminal prosecution authority;

47) the investigative judge - the judge of Trial Court performing the powers provided by this Code during pre-judicial production;

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

49) the 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, compartment; the verandahs which are directly adjoining them, terraces, galleries, balconies, mansard structures, the cellar and attic of residential building, except the apartment apartment house, and also the river or ocean ship and others;

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

51) night time - period from twenty to six o'clock local time;

52) 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;

53)  No. 248-V ZRK is excluded according to the Law of the Republic of Kazakhstan of 07.11.2014

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

55) the claim - the act of response of participants of process to actions (failure to act) and decisions of bodies of inquiry, pretrial investigation, the prosecutor or court, and also the requirement of person about implementation of criminal prosecution in private or private and public procedure;

56) search measures (actions) - carried out at the request of the body conducting criminal procedure, the actions of body of inquiry directed to establishment of the location of the persons which disappeared from the body conducting criminal procedure, and (or) avoiding criminal liability it is unknown the disappeared persons, the objects and documents important for case and also for establishment of persons who made criminal offense;

57) proceeedings - set of the legal proceedings and decisions performed on specific criminal case during its pre-judicial and judicial proceedings;

58) extradition arrest - the interim measure on execution of the decision of competent authority of foreign state on the conclusion of person into custody applied by court concerning the searched person for the purpose of its issue (extradition) to foreign state.

Chapter 2. Tasks and principles of criminal procedure

Article 8. Tasks of criminal procedure

1. Tasks of criminal procedure are suppression, impartial, bystry and complete disclosure, investigation of criminal offenses, exposure and criminal prosecution of persons which made them, fair legal proceedings and the correct application of the penal statute, protection of persons, societies and the states from criminal offenses.

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

Article 9. Principles of criminal procedure and their value

1. The principles are the fundamental beginnings of criminal procedure determining system and content of its stages, institutes and regulations providing general terms of realization of the rights and obligations of participants of criminal procedure and the solution of the tasks facing it.

2. Violation of the principles of criminal procedure depending on its nature and materiality attracts recognition of legal proceeding or the decision illegal, cancellation of the decisions passed during such production or recognition of the materials collected at the same time not having strength of evidence or the taken place proceeedings invalid.

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 of the Republic of Kazakhstan. 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 of the Republic of Kazakhstan, it shall suspend proceeedings and address to the Constitutional Council of the Republic of Kazakhstan with idea of recognition of this act unconstitutional.

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 invalid the illegal acts and their cancellation.

4. In cases of collision of regulations of this Code those from them which correspond to the principles of criminal procedure are subject to application, and in case of absence in regulations of the corresponding regulation questions of legal proceedings are resolved directly on the basis of the principles of criminal procedure.

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 criminal liability provided by the law.

2. Nobody can be found guilty of making of criminal offense, 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 incompetent to it to case, exceeded the authority or otherwise broken the principles of criminal procedure 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 everyone 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 making of criminal offense, is taken into custody or otherwise imprisoned differently as on the bases and according to the procedure, established by this Code.

2. Detention and house arrest are allowed only in the cases provided by this Code and only from the sanction of court with provision taken into custody or house arrest of the right of judicial appeal.

Without sanction of court person can be subjected to detention for the term of no more than forty eight hours, and the minor - for the term of no more than twenty four hours, except as specified, when this Code directly provides admissibility of detention of person without sanction of court 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 and (or) medicolegal examinations is allowed only by a court decision.

3. Each detainee is immediately told the detention bases and also of what making of the act provided by the penal statute he is suspected.

4. The court, criminal prosecution authorities, the head of administration of the place of detention, the medical organization shall exempt immediately illegally the over the term detained or being held in custody, or illegally placed in the medical organization or being held in custody provided by the law or sentence.

5. None of persons who are involved in criminal trial can be exposed to tortures and another cruel, to inhuman or degrading treatments or punishments.

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 under guards and also detained on suspicion of making of criminal offense 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 criminal procedure.

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 to believe 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

1. 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.

2. When implementing criminal proceeding to everyone the right to immunity private (personal and family) is provided to life. Restriction of this right is allowed only in the cases and procedure which are directly established by the law.

3. Nobody has the right to collect, to store, use and distribute information on private life of person without its consent, except the cases provided by the law.

4. Information on private life of person obtained according to the procedure, provided by this Code, cannot be used differently as for accomplishment of tasks of criminal procedure.

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 are allowed only in the cases and 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 the deposits of persons placed in banks of the second level and branches of nonresident banks of the Republic of Kazakhstan and other property, and also their withdrawal during legal proceedings can be made in the cases and procedure provided by this Code.

Article 19. Presumption of innocence

1. Everyone is considered innocent until his guilt in making of criminal offense 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 suspect, the person accused, defendant are interpreted in their advantage. For benefit of the suspect, the person accused, the defendant 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 admissible and mathematical evidences.

Article 20. Inadmissibility of repeated condemnation and criminal prosecution

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

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 privileges or 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. Obligation of proof of guilt of person in making of criminal offense and confutation of its arguments in the protection are assigned to criminal prosecution authorities, and in case of production in court - to the state and private prosecutors.

4. The defender shall use all means and methods of protection of the suspect, person accused, defendant, convict provided by the law, justified.

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, shall create necessary conditions for accomplishment by the parties of their procedural obligations and implementation of the rights granted to them.

7. The parties which are involved in criminal trial are equal, that is are allocated according to the Constitution of the Republic of Kazakhstan 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, the person accused, the defendant can freely deny the guilt or find himself guilty, conciliate with the victim, sign the procedural agreement, the agreement on achievement of conciliation according to the procedure of mediation. 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 appeal instances; the defendant and his defender and other participants of process are allowed when considering the case in cassation procedure, when implementing production on newly discovered facts and consideration of the questions connected with execution of sentence. 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.

At the same time the court researches the evidence which is available in case and produced by the methods provided by this Code. The court has no right to collect on own initiative corroborating evidences for the purpose of elimination of incompleteness of pre-judicial investigation.

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.

4. 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 380 of this Code.

5. The circumstances both catching, and acquitting the suspect, the person accused, the defendant, and also commuting and aggravating their 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 availability of the proofs acquitting the suspect, the person accused, the defendant or mitigating their responsibility, and also application of the unlawful methods of the investigation when collecting and fixing 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 witness having right of defense, to the suspect, the person accused of right of defense

1. The witness having right of defense, 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 suspicion, 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 witness having right of defense of the suspect, the person accused does not diminish the rights belonging to the last.

5. The witness having right of defense, 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 making of criminal offense, joint with them.

Article 27. Providing right to qualified legal aid

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

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

Article 28. 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 this Code.

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 29. Publicity

1. Trial of criminal cases happens in all courts and degrees of jurisdiction openly. Restriction of publicity of legal proceedings is allowed only when it contradicts interests of protection of the state secrets and other secret protected by the law. The closed legal proceedings are allowed according to the motivated court order on cases on criminal offenses 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 (failure to act) and decisions of the body performing criminal prosecution which are also permitted by the investigative judge are considered.

2. Trial of cases 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. On the cases considered in the closed judicial session only introduction and resolutive parts of sentence are publicly proclaimed.

Article 30. Language of criminal trial

1. Criminal trial in the Republic of Kazakhstan is conducted in Kazakh, on an equal basis with Kazakh officially in legal proceedings Russian, and if necessary and 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, free of charge to use translation service according to the procedure, established by this Code is explained and provided to the persons participating in case not knowing or insufficiently knowing language in which proceeedings are conducted.

4. Transfer into language of criminal trial of the case papers necessary for them 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, justified has the right to review of sentence by superior court according to the procedure, established by this Code.

3. The circulation of the claim to the detriment of person who made the complaint or for the benefit of which 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 committed criminal offense criminal prosecution and accusation in court are performed in private, private and public and public procedure.

2. Cases on the criminal offenses provided by Articles 114 (parts one and the second), 123 (part one), 131, 147 (parts one and the second), 149 (part one), 150 (part one), 198 (part one), 199 (part one), 321 (part one) of the Criminal Code of Kazakhstan, and also article 152 (parts one and the second) the Criminal Code of Kazakhstan, except for the case provided by part three of this Article are considered as cases of private prosecution. Production on these cases begins precisely according to the claim of the victim and is subject to the termination behind its conciliation with the person accused, the defendant.

3. Cases on the criminal offenses provided by Articles 110 (part one), 115, 120 (part one), 121 (part one), 126 (part one), 138, of 139, of 145, 148 (part one), 152 (part three), 153 (part one), 154, 155 (part one), 157 (part one), 158 (part one), 159, of 187, 189 (parts one and the second), 190 (part one), 195 (part one), 198 (part two), 199 (part two), 201 (part one), 202 (part one), 204, 205 (part one), 206 (part one), 207 (part one), 208 (part one), 209 (part one), 211 (part one), 219 (part one), 223 (parts one and the second), 248 (part one), 250, 251 (part one), 319 (parts one and the second), 321 (part two), 345 (part one), 389 (part one) of the Criminal Code of Kazakhstan, and also article 152 (part one), if it is connected with non-execution of the judgment about recovery at work, are considered as cases of private and public accusation. Production on these cases begins precisely according to the claim of the victim and is subject to the termination behind its conciliation with the suspect, the person accused, the defendant only of cases, stipulated in Article 68 Criminal Codes of Kazakhstan.

4. The prosecutor begins or continues proceeedings of private and private and public 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, or in the matter of private and public accusation, infringing on interests of society or state.

5. After registration of the message on criminal offense in the Unified register of pre-judicial investigations and carrying out urgent investigative actions production for private and private and public prosecution and prosecution in the absence of the claim of the victim no later than three days from the moment of registration is subject to the termination on the basis, stipulated in Item 5) parts one of article 35 of this Code.

6. Cases on the criminal offenses 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. Criminal prosecution according to the statement of commercial or other organization

1. If the act provided by Chapter 9 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, founder (participant) of this organization or authorized body or from their consent.

2. It is excluded.

Article 34. 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 signs of criminal offense all measures provided by the law to establishment of event of criminal offense, exposure of persons guilty of making of criminal offense, 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 criminal offense.

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 in the time established by it, but no later than three days. In case of need decision makings about detention, detention 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 35. The circumstances excluding proceeedings

1. Criminal case is subject to the termination:

1) in the absence of event of criminal offense;

2) behind absence in act of structure of criminal offense;

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

4) behind lapse of time of criminal prosecution;

5) in the absence of the claim of the victim - on cases on the criminal offenses provided by parts two and third Article 32 of this Code, except as specified, 32 of this Code provided by Article part four and also in case of refusal of the private prosecutor of accusation - on cases on the criminal offenses provided by Article part two 32 of this Code, except as specified, 32 of this Code provided by Article part four;

6) if the law canceling criminal liability for committed act or 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 criminal offense depends is enacted;

7) if concerning person are available the court verdict which took legal effect on the same accusation or other not cancelled court decree which established impossibility of criminal prosecution;

8) if concerning person there is not repealed resolution of criminal prosecution authority on the termination of criminal prosecution on the same suspicion;

9) if concerning person who made the act prohibited by the penal statute in diminished responsibility condition except cases when proceeedings are 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, and also establishment of the property got in the illegal way, money and other values which are subject to confiscation, providing compensation of damage suffered;

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

2. Proceeedings stop on the bases provided by Items 1) and 2) of part one of this Article as in case of validity of lack of event of criminal offense or structure of criminal offense, and in case of absence of proof of their availability if all opportunities for collecting of corroborating evidences are exhausted.

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

4. The termination of criminal case on the bases specified in Items 3), 4) and 11) to part one of this Article is not allowed if person on whom the applicant directly specifies as person who made criminal offense (the witness having right of defense), the suspect, the person accused, and also the defendant or his legal representatives, and of cases, stipulated in Item 11) parts one of this Article persons listed in the parts two of article 66 of this Code having the right along with the lawyer to perform protection of the suspect, person accused, defendant 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 person from punishment or criminal liability.

For decision making about the termination of criminal case on the bases specified in Items 3), 4), 9), 10) and 11) to part one of this Article, the consent of the victim or his representative is not required.

The termination of criminal case involves at the same time the termination of criminal prosecution.

5. The decision on the termination of criminal case concerning person which did not reach by the time of making of act of age on reaching which according to the law assignment of criminal liability is possible is subject to acceptance on the basis specified in Item 2) to part one of this Article. On the same basis decision making about the termination of criminal case concerning the minor which by the time of making of act though reached age from which according to the law there comes criminal liability is subject, but owing to the lagging in mental development which is not connected with mental disturbance could not realize fully the actual nature and public danger of the actions (failure to act) and direct them.

6. Criminal prosecution authority, having found the circumstances excluding criminal prosecution issues the decree on the termination of criminal case at any stage of pre-judicial production.

The prosecutor has the right also prior to consideration of the case in the main legal proceedings to recall him from court and to stop on the bases provided by this Article. After response carrying out on it new pre-judicial production and the repeated direction it in court is not allowed by the prosecutor of case from court for its termination.

7. The state prosecutor, having found in court of circumstance, excluding criminal prosecution, shall declare refusal of accusation. The statement of the state prosecutor for refusal of accusation does not interfere with continuation of consideration of criminal case if the private prosecutor continues to hold charges.

8. Court, having found the circumstances excluding criminal prosecution shall resolve question of the termination of criminal case.

9. Criminal prosecution authorities and courts in case of the termination of criminal case shall in the presence in actions of person of signs of administrative or disciplinary (corruption) offense within ten days to direct to authorized bodies (officials) materials for the solution of question of attraction to administrative or disciplinary responsibility.

Article 36. The circumstances allowing not to perform criminal prosecution

1. The criminal prosecution authority, court in the presence of the corresponding circumstances within the competence has the right to stop criminal prosecution with release of person from criminal liability in the cases provided by Article part one 65, Articles 66, of 67, parts two, third Article 68, parts one, third Article 83, and also notes of Articles 441, of 442, 444 - 448, 453 Criminal Codes of Kazakhstan. The court in such cases has the right to decide also conviction with release from criminal liability.

2. The state prosecutor, having found in court of circumstance, allowing not to perform the criminal prosecution having the right to declare refusal of criminal prosecution of the person accused. The refusal of criminal prosecution declared by the state prosecutor does not interfere with the private prosecutor to continue criminal prosecution of the person accused with use of the criminal case file.

3. Before the termination of criminal case the diversion basis, its consequence in law and the right to object to its termination on this basis shall be explained to the suspect, the person accused, the defendant.

4. The victim and (or) his representative who have the right to appeal the resolution to the prosecutor or in court according to the procedure, provided by this Code are notified on the termination of criminal case.

5. The termination of criminal case on the bases specified in part one of this Article is not allowed if the suspect, the person accused, the defendant or the victim object to it. In that case proceeedings continue regularly.

6. If before removal of court to the consultative room on the deposit of court bail is posted, stipulated in Article 69 Criminal Codes of Kazakhstan, the court has the right to decide conviction with release of person from serving sentence with establishment of the guarantee.

In case of adoption of other final decision by court on case the pledge subject immediately returns to person who posted bail. In case of return of subject of pledge the amount spent for ensuring its safety is not collected from the pledger. The procedure for acceptance, assessment, storage, return, realization, the address of collection regarding pledge and the address to the income of the state is determined by the Government of the Republic of Kazakhstan.

Release of person from serving sentence with establishment of the guarantee is not allowed if the person accused or the victim objects to it.

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

Article 37. Rehabilitation of person involved as the suspect, the person accused, the defendant

1. Person acquitted on court, and equally the suspect, the person accused, the defendant concerning whom the court order is issued of criminal prosecution authority about the termination of criminal case on the bases provided by Items 1), 2), 5), 6), 7) and 8) of part one of article 35 of this Code are subject to rehabilitation, that is recovery in the rights and cannot be subjected to any restrictions in the rights and freedoms guaranteed by the Constitution of the Republic of Kazakhstan.

2. The court, criminal prosecution authority shall take all measures for rehabilitation of the face specified in part one of this Article, and to indemnification, caused to it as a result of illegal actions of the body conducting criminal procedure provided by the law.

Article 38. Persons having the right to indemnification, the body caused as a result of illegal actions conducting criminal procedure

1. The harm done to person as a result of illegal arrest, detention, house arrest, temporary discharge from position, the placement to the special medical organization, condemnation, application of enforcement powers of medical nature is compensated from budgetary funds in full irrespective of fault of the body conducting criminal procedure.

2. The right to indemnification, the body caused as a result of the corresponding illegal actions conducting criminal procedure have:

1) persons specified in part one of article 37 of this Code;

2) persons concerning whom criminal case was subject to the termination on the bases, stipulated in Item 5) parts one of article 35 of this Code if despite the lack of the circumstances provided by Article part four 32 of this Code, the pre-judicial investigation was not terminated from the moment of identification of the circumstances excluding criminal prosecution;

3) persons against whom criminal case owed be dismissed on the bases provided by Items 3) and 4) of part one of article 35 of this Code, but was not stopped from the moment of identification of the circumstances excluding criminal prosecution, and criminal prosecution illegally continued despite the consent of such persons to the termination of criminal case;

4) the convict to arrest, imprisonment who was late or being held in custody in cases of change of qualification of deeds on the article of the Criminal Code of Kazakhstan providing responsibility for less heavy criminal offense in case of suspicion or accusation in which making by this Code is not allowed detention or detention, or appointments under this Article of new, milder pinishment or exception of sentence of part of accusation and decrease with respect thereto in punishment, and is equal in case of cancellation of the illegal judgment on application of enforcement powers of medical nature or enforcement powers of educational impact. Actually served sentence of arrest or imprisonment is considered left illegally in that part in what exceeds the maximum amount of punishment in the form of arrest or imprisonment, stipulated in Article the Criminal Code of Kazakhstan on which the act made by the guilty person is again qualified;

5) the person who was held in custody over the put term without legal cause, and equally illegally subjected to any other measures of procedural coercion in course of production on criminal case;

6) person concerning whom the secret investigative actions afterwards recognized illegal judicially are carried out.

3. In case of the death of the citizen the right to indemnification in accordance with the established procedure passes to his heirs, and regarding receipt of pensions and benefits which payment was suspended, - to those family members who treat the group of people, provided with benefit on the occasion of loss of the supporter.

4. Harm is not subject to compensation to person if it is proved that it during pre-judicial investigation and legal proceedings by voluntary self-accusation interfered with establishment of the truth and by that promoted approach of the effects specified in part one of this Article.

5. Rules of this Article in the absence of the circumstances specified in Item 3) to its part two do not extend to cases when the measures of procedural coercion applied concerning person or the decided conviction are cancelled or changed in view of the publication of acts of amnesty or pardon, the expiration of prescriptive limits, the adoption of law eliminating criminal liability or commuting penalty.

6. Other circumstances are not the basis for indemnification.

Article 39. Right to indemnification and terms of presentation of requirements

1. Having made the decision on complete or partial rehabilitation of person, the body conducting criminal procedure shall recognize behind it the right to indemnification. The copy of the verdict of not guilty or the resolution on the termination of pre-judicial investigation, on cancellation or change of other illegal decisions is handed or sent the interested person by mail. At the same time to it the notice with explanation of procedure and terms of presentation of requirements about indemnification goes. In the absence of place of residence of heirs, relatives or dependents of the died person having the right to compensation of damage, the notice goes it no later than five days from the date of their appeal to the body conducting criminal procedure.

2. Persons specified in parts two and third article 38 of this Code have the right to compensation in full of property harm, elimination of effects of moral harm and recovery in labor, pension, housing and other rights. To persons deprived according to the court verdict of honorary, military, special or other title, the class rank, diplomatic rank, qualification class, and also the state awards the rank, the class rank, diplomatic rank, qualification class are recovered, the state awards return.

3. The requirement about the indemnification caused by illegal actions of the body conducting criminal procedure, according to the procedure, provided by this Chapter can be shown within six months from the date of receipt of the notice explaining procedure for recovery of the rights. In case of the omission of this term on reasonable excuse it can be recovered according to the statement of interested persons by court.

Article 40. Compensation of property harm

1. The property harm done to persons specified in part two of article 38 of this Code includes compensation:

1) the salary, pension, benefits, other means and the income which they lost;

2) the property illegally confiscated or turned into the income of the state based on sentence or other judgment;

3) the penalties collected in pursuance of the illegal court verdict; the legal costs and other amounts paid by person in connection with illegal actions;

4) the amounts paid by person for rendering legal aid;

5) other expenses incurred as a result of criminal prosecution.

2. The amounts spent for content of persons specified in part two of article 38 of this Code under guards in places of serving of arrest or imprisonment, the legal costs connected with criminal prosecution of these persons, and equally in earnings for accomplishment by them during detention, serving of arrest or imprisonment of any works cannot be subtracted from the amounts which are subject to payment in indemnification, the body caused as a result of illegal actions conducting criminal procedure.

3. In case of receipt of copies of the documents specified in part one of article 39 of this Code, with the notice on procedure for indemnification of person, specified in parts two and third article 38 of this Code having the right to appeal with the requirement about compensation of property harm to the court which decided the sentence which issued the decree on the termination of criminal case or in court at the place of residence of person or to court in the location of the body which issued the decree on the termination of pre-judicial investigation either cancellation or change of other illegal decisions. If criminal case is dismissed or the sentence is changed by superior court, the requirement about indemnification is taken to court, the decided sentence. On behalf of the minor his legal representative has the right to declare the requirement about indemnification.

4. No later than one month from the date of receipt of the statement the judge determines the extent of harm, having requested in necessary cases calculation from financial bodies and social security authorities then issues the decree on payment execution in compensation of this harm taking into account inflation. If the case is dismissed by court by its consideration in appeal or cassation procedure, the specified actions are made solely by the judge of the court which considered case on the first instance without carrying out legal proceedings.

5. The court order which took legal effect about payment execution about compensation of property harm is performed according to the legislation of the Republic of Kazakhstan.

6. It is excluded according to the Law of the Republic of Kazakhstan of 07.11.2014 No. 248-V ZRK

7. The requirement about indemnification, caused to legal entities by illegal actions of the bodies performing criminal proceeding is considered according to the procedure, provided by this Article, and harm in the established amount is compensated by the state.

Article 41. Elimination of effects of moral harm

1. The body conducting the criminal procedure which made the decision on rehabilitation of person shall bring it official apologies for damage suffered.

2. Compensation claims in terms of money for the done moral harm are made according to the procedure of civil legal proceedings.

3. If person was subjected to illegal criminal prosecution, and data on criminal prosecution, detention, detention, temporary discharge from position, the forced placement to the medical organization, the condemnation and other actions taken concerning it afterwards recognized illegal were published in seal, are widespread on radio, television or other mass media, then upon the demand of this person, and in case of his death - upon the demand of his relatives or the body which is conducting criminal procedure, made the decision on recovery of its rights, appropriate means of mass information shall make within one month about it the necessary message.

4. Upon the demand of persons specified in parts two and third article 38 of this Code, the body conducting criminal procedure shall send to chetyrnadtsatidnevny time the written message on cancellation of illegal decisions in the place of their work, study, residence.

Article 42. Recovery of the rights in claim procedure

If six-months term for submission of the requirement about the indemnification according to the procedure provided by this Chapter is passed, person has the right to take a legal action according to the procedure of civil legal proceedings.

Article 42-1. Format of criminal trial

1. Criminal trial in the Republic of Kazakhstan is conducted in paper and (or) electronic formats.

2. Person conducting criminal procedure taking into account opinion of participants of criminal procedure and technical capabilities has the right to conduct criminal trial in electronic format about what issues the motivated decree.

The opinion of the participant of criminal procedure is brought to person performing pre-judicial investigation, the judge in the form of the petition which is considered according to the procedure and the terms established by this Code.

In case of impossibility of further conducting criminal trial in electronic format person conducting criminal procedure passes to paper format about what issues the motivated decree.

The resolution on conducting criminal procedure in electronic format can be appealed by participants of criminal procedure according to the procedure, stipulated in Article the 100th of this Code.

3. When conducting criminal trial in paper format the body of pre-judicial investigation has the right to accept and send to the prosecutor for approval or approval proceeding decisions, and also in the cases provided by this Code, to notify the prosecutor on the made decisions and to send to the copy of the proceeding decisions and other criminal case file in electronic format except for requiring preserving confidentiality.

Chapter 5. Conducting criminal proceeding

Article 43. Connection of criminal cases

1. In one production criminal cases concerning several persons who made one or several criminal offenses in partnership, cases in the relation of person who made several criminal offenses, and also cases in the relation of person, the suspect accused of in advance not promised concealment of the same crimes or failure to report about them can be connected.

2. Connection of criminal cases is allowed also in cases when the suspect is not established, but good reasons to believe are had that several criminal offenses are made by one person or group of persons.

3. Connection of criminal cases is made based on the resolution of the body conducting criminal procedure. The copy of the decree issued by criminal prosecution authority within twenty four hours goes to the prosecutor and the party of protection.

4. Shall not unite in one production:

1) identical suspicions, accusations in the relation of different persons;

2) suspicions, accusations in the relation of persons to which making of criminal offenses relatively each other is attributed, except cases when case of private prosecution is considered;

Put 3) on one of which criminal prosecution is performed in private procedure, and on another - in public procedure;

4) all other suspicions, accusations which joint consideration can interfere with objective consideration of the case.

5. The term of proceeedings in which several cases are connected is estimated from the date of the beginning of production of criminal case, the first on time. If on one of the connected cases in quality of measure of restraint detention or house arrest are applied, the period of investigation is estimated from the date of the beginning of pre-judicial legal investigation on which the specified measures of restraint are applied.

6. The rights of participants of criminal procedure only on those connected cases which concern to them belong to persons.

Article 44. Allocation of criminal case

1. The court, criminal prosecution authority has the right to allocate from criminal case in separate production another criminal case in the relation:

1) certain suspects or persons accused when the bases for the closed legal proceedings connected with protection of the state secrets concern to them, but do not treat other suspects, persons accused;

2) the minor suspect or the person accused brought to trial together with adults;

3) the certain unidentified persons who are subject to criminal prosecution and also in other cases, stipulated in Article the 45th of this Code;

4) the suspect, the person accused, the defendant with whom the prosecutor signs the procedural agreement on cooperation.

2. In case of investigation of mnogoepizodny criminal case on which terms of pre-judicial investigation or detention, the investigator, the investigator, body of inquiry expire, having recognized that in suspicion investigation is made comprehensively, fully and objectively, the part of case having the right to allocate in separate production for the direction it in court if it does not interfere with investigation and consideration of the case in other part.

3. If on criminal case data on the actions containing signs of the criminal offenses which are not connected with the investigated case all materials about them are received shall be selected without delay to start new pre-judicial investigation according to the procedure, provided by this Code.

4. Allocation of criminal cases is allowed if it does not affect comprehensiveness, completeness and objectivity of research of circumstances and permissions of case.

5. Allocation of case is performed based on the resolution of the body conducting criminal procedure. The copy of the decree issued by criminal prosecution authority within twenty four hours goes to the prosecutor. The list of the materials emitted in originals or copies shall be attached to the resolution.

6. Production term on the allocated case is estimated from the date of registration of a statement, the message on criminal offense in the Unified register of pre-judicial investigations on new criminal offense. In other cases term is estimated from the moment of the beginning of pre-judicial investigation on the main criminal case.

Article 45. Suspension of judicial proceedings on case and interruption of terms of pre-judicial investigation

1. Criminal proceeding stops the court order in cases:

1) when the person accused disappeared from court or the place of its stay is not established for other reasons;

2) temporary mental disturbance or other serious illness of the defendant certified in the procedure provided by the law;

3) findings of the defendant outside the Republic of Kazakhstan;

4) force majeure, temporarily interfering further criminal proceeding;

5) accomplishment of the legal proceedings connected with receipt of legal assistance according to the procedure, provided by Chapter 59 of this Code;

6) considerations by the prosecutor of the statement of the defendant in court about receipt of proofs using illegal actions or ill treatment and appeal of its decision if at the same time it is impossible to continue the main legal proceedings.

2. The court shall suspend completely or in the corresponding part proceeedings in case of the appeal of court to the Constitutional Council of the Republic of Kazakhstan with idea of recognition unconstitutional the law which is subject to application in this criminal case or other regulatory legal act infringing the rights and freedoms of man and citizen affirmed by the Constitution of the Republic of Kazakhstan.

The court according to the petition of the parties shall suspend completely or in the corresponding part proceeedings if the Constitutional Council of the Republic of Kazakhstan at the initiative of other court idea of recognition of the law or other regulatory legal act which is subject to application on this criminal case, unconstitutional is accepted to production.

3. Criminal proceeding in court completely or in the corresponding part stops the court order also if the private prosecutor in the matter of private prosecution cannot perform criminal prosecution in court in view of his serious illness, stay in business trip outside the Republic of Kazakhstan or accomplishment of civic duty.

4. Criminal proceeding stops before falling away of the circumstances which formed the basis for its suspension, at the same time the term of consideration of the case in court is interrupted. After their falling away it renews the court order.

5. About suspension or renewal of proceeedings it is reported to participants of process.

6. The suspended case is subject to the termination after the prescriptive limits established by the penal statute if on case there are no data on interruption of current of prescriptive limit.

7. Terms of pre-judicial investigation are interrupted in cases

1) not establishments of person who made criminal offense;

2) findings of the suspect accused outside the Republic of Kazakhstan;

3) when the suspect, the person accused disappeared from criminal prosecution authorities or their place stay is not established for other reasons;

4) temporary mental disturbance or other serious illness of the suspect, the person accused certified in the procedure provided by the law;

5) accomplishment of the legal proceedings connected with receipt of legal assistance according to the procedure, provided by Chapter 59 of this Code;

6) nondetection it is unknown the disappeared person;

7) lack of real possibility of participation of the suspect accused of case in connection with the solution of question of deprivation of immunity from prosecution or on their issue (extradition) foreign state.

7-1. Interruption of terms of pre-judicial investigation does not interfere with carrying out in the matter of necessary search actions according to the Law of the Republic of Kazakhstan "About operational search activities" and secret investigative actions and to attaching of their results to the criminal case file.

8. After pronouncement of the resolution on interruption of terms of pre-judicial investigation person performing pre-judicial investigation within a day sends it to the prosecutor for review.

8-1. The prosecutor within three days approves the resolution on interruption of terms of pre-judicial investigation or the motivated resolution refuses its approval and returns to person performing pre-judicial investigation with indication of about production of necessary investigative and legal proceedings. In case of approval by the prosecutor of the resolution on interruption of terms of pre-judicial investigation person performing pre-judicial investigation notifies on it participants of process.

In cases of need of reclamation and studying of the criminal case file the decision on approval or on refusal in approval is accepted by the prosecutor within ten days.

9. The interrupted terms of pre-judicial investigation are resumed the resolution of person performing pre-judicial investigation from the moment of falling away of the circumstances which served for their interruption what the prosecutor is in writing notified on.

Article 46. Completion of criminal proceeding

Criminal proceeding comes to the end since the moment:

1) entries into force of the resolution on complete cessation of criminal proceeding;

2) entries into force of sentence or other final decision on case if it does not require acceptance of special measures on its execution;

3) receipts of confirmation about carrying out of sentence or other final decision on case if it requires acceptance of special measures on its execution.

Article 47. Preserving confidentiality

1. During criminal trial are accepted by the provided this Code and other legislation of measure for protection of the received data constituting the state secrets and other secret protected by the law.

2. Persons to whom the body conducting criminal procedure suggests to report or provide the information constituting the state secrets or other secret protected by the law cannot refuse accomplishment of the specified requirement with reference to need of preserving the state secrets or other secret protected by the law. The body conducting criminal procedure before obtaining on behalf of the specified messages or data shall make entry in the protocol of the corresponding legal proceeding and acquaint with it under list person about need of obtaining from it the specified data only for criminal proceeding and about the preserving concerning the received data of confidentiality according to the procedure provided by the law.

3. The procedure for the admission of participants of criminal procedure to the data constituting the state secrets is determined by the legislation.

4. If the criminal case file, considered by court with participation of jury members, contains the data constituting the state secrets, the authorized state body performing material and other ensuring activities of court according to the written order of the chairman draws up the admission of jury members to the state secrets according to the procedure, established by the legislation of the Republic of Kazakhstan.

5. The proofs containing the data constituting the state secrets are researched in closed meeting of court.

6. The proofs containing the data which are other secret protected by the law, and also the opening intimate parties of private life according to the petition of persons to which disclosure of the specified data threatens can be researched in closed meeting of court.

7. The harm done to person as a result of violation of personal privacy, disclosure of personal or family secret is subject to compensation according to the procedure, provided by the law.

8. The procedure for preserving confidentiality of data of pre-judicial investigation is determined by Article of 201 of this Code.

9. The copies of procedural documents which are subject to delivery to participants of criminal procedure from case which contain the data constituting the state secrets or other secret protected by the law after acquaintance with them are stored in case of case and handed to participants of criminal procedure for the period of judicial session.

10. Court, referring in sentence or the resolution to the case papers containing the state secrets and other secret protected by the law does not open their content.

Chapter 6. Procedural terms

Article 48. Calculation of terms

1. The terms established by this Code are estimated for hours, days, months, years.

2. In case of calculation of terms that hour and those days which the current of term begins are not taken into consideration. This rule does not belong to calculation of terms during detention, detention, house arrest and stay in medical institution or the organization of education with specific mode of content.

3. In case of calculation of term it joins also time off.

4. The term estimated for days expires at twenty four o'clock the last days of term. The term estimated for months expires in the corresponding month and number of the last month of term. If the termination of term falls on month in which there is no corresponding number, then term expires in the last day of this month. The term estimated advanced in years expires in the corresponding month and number of the last year of term. If the termination of term falls on month in which there is no corresponding number, then term expires in the last day of this month. In cases when the last day of term falls on non-working day, day of the termination of term the working day following it, except cases of calculation of terms is considered during detention, detention, house arrest and stay in medical institution or the organization of education with specific mode of content.

5. During detention of person on suspicion of making of criminal offense term is estimated since the moment (hour to within minute) the actual application of this measure. In case of calculation of terms of detention, house arrest, and also stay in medical institution or the organization of education with specific mode of content the first days of term join in time.

Article 49. Observance and prolongation of term

1. Term is not considered passed if the claim, the petition or other document are handed over before the expiration on mail, are transferred or declared to person, the representative them to accept, and for the persons who are held in custody or placed in the medical organization - if the claim or other document are handed over before the expiration of administration of the place of detention or the medical organization. Time of delivery of the claim or other document for mail is determined by postage stamp, and delivery time to person, the representative to accept them, or administrations of the place of detention or the medical organization - on mark of office or officials of these organizations.

2. Observance of fixed term by officials is confirmed by the corresponding specifying in procedural documents. Receipt of the documents which are subject to delivery to persons participating in criminal trial is confirmed by the filed their receipt.

3. Procedural terms can be prolonged only in the cases and procedure established by this Code.

Article 50. Effects of the omission of term and procedure for its recovery

1. The legal proceedings made by participants of criminal procedure after term are considered as invalid.

2. According to the petition of the interested person the term passed on reasonable excuse can be recovered by the resolution of the investigator, investigator, prosecutor or judge in which production there is case. At the same time term is recovered for person which passed it, but not for other persons if other is not provided by the relevant decision of the body conducting criminal procedure.

3. According to the petition of the interested person execution of the decision appealed with the omission of fixed term can be suspended to permission of question of recovery of the passed term.

4. The refusal in recovery of term can be appealed, reviewed according to the petition of the prosecutor in the procedure established by this Code.

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

Chapter 7. Court

Article 51. Court

1. Court, being judicial body, performs justice on criminal cases.

2. Any criminal case can be considered only by legal, independent, competent and impartial structure of court that is provided with observance of the rules established by this Code:

1) determinations of cognizance of specific cases;

2) forming of structure of court for consideration of specific criminal cases;

3) removal of judges;

4) departments of function of permission of case from functions of accusation and protection.

3. Justice on criminal cases in the Republic of Kazakhstan is performed:

Supreme Court of the Republic of Kazakhstan;

the regional and equated to them courts, Military court;

the district and equated to them courts;

specialized interdistrict criminal court judges, specialized examining courts, specialized interdistrict examining courts, specialized interdistrict military courts on criminal cases, specialized interdistrict juvenile courts, military courts of garrisons.

Article 52. Structure of court

1. Consideration of criminal cases in Trial Courts is performed solely by the judge, and on especially serious crimes according to the petition of the person accused - court with participation of jury members as a part of one judge and ten jury members, except for put about:

1) the murders committed in the conditions of emergency situation and during mass riots;

2) crimes against the world and safety of mankind, against bases of the constitutional system and safety of the state;

3) terrorist and extremist crimes;

4) the military crimes committed in wartime or fighting situation;

5) the crimes committed as a part of criminal group;

6) especially serious crimes against sexual integrity of minors.

The crimes provided by Articles 125 (Item 1) of part three), 128 (Item 1) of part four), 132 (part five), 135 (Item 1) of part four), 160, 163, 164 (part two), 168, 380-1 (Item 6) of part two) the Criminal Code of Kazakhstan are also considered according to the petition accused by court with participation of jury members as a part of one judge and ten jury members.

2. Consideration of criminal cases in appeal procedure is performed jointly as a part of at least three judges of board, and by consideration of claims, petitions of prosecutors to sentences, court orders on the cases considered in the reduced procedure or according to the procedure of mandative production on criminal offenses and crimes of small weight, concerning execution of sentence, the resolution of the investigative judge - the judge solely.

In the absence of the chairman of appeal board in connection with stay in business trip, leave or due to illness by joint consideration of the specified cases the judge of board to whom the chairman of justices assigns fulfillment of duties of the chairman of appeal board presides.

3. Hearing of cases in court of cassation instance is made by joint structure of court in the odd number (at least three) judges of the Supreme Court of the Republic of Kazakhstan under the chairmanship of the chairman of judicial board or one of judges according to its order.

4. Hearing of cases on the bases provided by Article part four 484 of this Code is made in joint structure in the odd number (at least seven) judges under the chairmanship of the Chairman of the Supreme Court of the Republic of Kazakhstan or one of judges according to its order.

5. The structure of court by hearing of cases is determined by newly discovered facts according to rules, stipulated in Article 504 of this Code.

6. Consideration of the questions arising in case of execution of sentence and hearing of cases about application of enforcement powers of medical nature to deranged is performed solely by the judge of the relevant court.

7. In cases when in one board the number of judges in connection with the circumstances interfering them to be involved in consideration of the case, it is not enough for ensuring joint consideration of the case, chairmen according to the Supreme Court of the Republic of Kazakhstan, the regional and equated to it court have the right to recruit in consideration of the case of judges of other board.

Article 53. Powers of court

1. Powers of court as judicial body are determined by the law.

2. Only the court is competent:

1) to find person guilty of making of criminal offense and to impose to it penalty;

To apply 2) to person enforcement powers of medical nature or enforcement powers of educational impact;

3) to cancel or change the decision made by subordinate court;

4) to review court resolutions on newly discovered facts;

To authorize 5) elected the investigator, the investigator, body of inquiry, the prosecutor concerning the suspect accused measure of restraint in the form of detention, house arrest, extradition arrest, pledge and to prolong their terms;

5-1) to authorize carrying out secret investigative actions and prolongation of its terms, and also to prolong time for notification of person about the secret investigative actions which are carried out concerning it, to agree to body pre-judicial investigations to the non-notification of person about the secret investigative actions which are carried out concerning it;

To authorize 6) concerning the suspect, the person accused of measure of procedural coercion in the form of temporary discharge from position and prohibition on approach;

It is forced to place 7) person who is not held in custody in the medical organization for production forensic-psychiatric and (or) forensic medical examination;

8) to authorize exhumation of corpse, the announcement of the international search, property attachment, survey, search, dredging and personal search;

9) to authorize forced receipt of samples and survey.

3. In the cases and procedure provided by this Code, court:

1) considers claims to decisions and actions (failure to act) of criminal prosecution authority, the prosecutor;

2) according to the petition of the prosecutor, defender deposits testimonies of the witness and the victim;

3) imposes cash and administrative penalties;

4) considers the questions connected with execution of sentence;

5) is considered by the petition of the prosecutor for confiscation before adjudgement of the property received in the illegal way.

4. If in case of judicial review of case the circumstances promoting making of criminal offense, violation of the rights and freedoms of citizens and also other violations of the law allowed during pre-judicial investigation are revealed, the court issues the private decree which draws the attention of the relevant organizations or persons to these circumstances and the facts of violations of the law requiring acceptance of necessary measures. The court has the right to issue the private decree and in other cases if recognizes it necessary.

5. The private decree to subordinate court (judge) is not issued. About the violations of the law allowed by subordinate court, which entailed cancellation or change of sentence, the resolution it is specified in court resolution of higher degree of jurisdiction. In case of establishment of the facts of making of the acts forming structures of other criminal offenses, or the acts attracting administrative or disciplinary responsibility, the court issues to the corresponding prosecutor the private decree for taking measures, provided by the law.

6. In the cases provided by the law on cases in point the judge has the right to request cases of operational accounting, the materials of counterintelligence activities and secret investigative actions of bodies of inquiry relating to case in point and to meet them, the data on the organization of operational search, counterintelligence activities and secret investigative actions, specific operational search, counterprospecting actions and secret investigative actions, sources and methods of receipt of information which except for are not subject to disclosure.

Article 54. Judge

1. The judge within the competence considering case solely, performing administrative actions for preparation of court session or the ensuring execution of its sentence or other decision resolving the petitions and claims specified in Article part three 53 of this Code possesses powers of court.

2. The judge considering case in structure of board of judges has the equal rights with the chairman and other judges in case of the solution of all questions arising in connection with case in point. In case of disagreement with opinion of other judges on cases in point the judge has the right to state in writing the special opinion which is sealed in envelope and joins criminal case. Opening of envelope and acquaintance with special opinion of the judge are allowed only by superior court when considering the case.

3. The investigative judge - the judge of Trial Court to which powers implementation according to the procedure belongs, provided by this Code, judicial control of observance of the rights, freedoms and legitimate interests of persons in criminal trial.

Article 55. Powers of the investigative judge

1. During pre-judicial production the investigative judge in the cases provided by this Code considers questions:

1) authorization of detention;

2) authorization of house arrest;

3) authorization of temporary discharge from position;

4) authorization of prohibition on approach;

5) authorization of extradition arrest;

5-1) authorizations of carrying out secret investigative actions, prolongation of terms of carrying out secret investigative actions;

5-2) terminations of secret investigative actions according to the petition of the prosecutor in the cases provided by Article part three 234 of this Code;

6) prolongation of terms of detention, house arrest, extradition arrest;

7) pledge application authorization;

8) authorization of property attachment;

9) the forced placement of person who is not held in custody to the medical organization for production of forensic-psychiatric and (or) medicolegal examinations;

10) in case of factual determination of mental disease about transfer of person to which detention, in the special medical organization giving the mental health services adapted for content of patients in the conditions of strict isolation is earlier applied;

11) exhumations of corpse;

12) announcements of the international search of the suspect, person accused;

13) survey authorization;

14) authorization of search;

15) dredging authorization;

16) authorization of personal search;

17) authorization of forced survey;

18) authorization of forced receipt of samples.

2. In the cases provided by this Code, the investigative judge:

1) considers claims to actions (failure to act) and decisions of the investigator, body of inquiry, the investigator and the prosecutor;

2) considers question of implementation of the physical evidences which are exposed to bystry spoil or long-term storage of which to permission of criminal case in essence requires considerable material costs;

Deposits 3) during pre-judicial production of the testimony of the victim and the witness;

4) is imposed by cash collection on the persons who are not carrying out or carrying out is inadequate procedural obligations in pre-judicial production, except for lawyers and prosecutors;

5) considers question of collection of procedural costs for criminal case on representation of the prosecutor;

6) according to the motivated petition of the lawyer participating in quality of the defender, victim's representative considers question of reclamation and familiarizing with criminal case of any data, documents, objects important for criminal case, except for the data, constituting the state secrets, in refusal cases performed by request or rejection of the decision on it within three days;

7) according to the motivated petition of the lawyer participating in quality of the defender, victim's representative considers question of purpose of examination or production of other investigative actions by criminal prosecution authority, except for secret investigative actions including if by criminal prosecution authority satisfaction of such petition it was unreasonably refused or on it the decision within three days is not made;

8) according to the petition of the lawyer participating in quality of the defender considers question of the forced drive in the body conducting criminal procedure, the witness who is earlier interviewed by it which providing appearance is difficult to evidence;

8-1) according to the motivated petition of body of pre-judicial investigation considers question of prolongation of time for notification of person of the secret investigative actions which are carried out concerning it up to one year;

8-2) according to the motivated petition of body of pre-judicial investigation agrees to body of pre-judicial investigation to the non-notification of person about the secret investigative actions which are carried out concerning it;

9) carries out other powers provided by this Code.

3. It is excluded according to the Law of the Republic of Kazakhstan of 27.12.2019 No. 292-VI ZRK.

Article 56. General terms of implementation of powers by the investigative judge

1. The investigative judge performs the powers according to the rules of this Article and features provided by the relevant articles of this Code.

2. The investigative judge considers the questions carried to its competence, solely without carrying out judicial session.

If it is necessary to research the circumstances important for acceptance of legal and reasoned decision or there is petition of the prosecutor or the party of protection, the investigative judge resolves question of carrying out judicial session with participation of the corresponding persons and the prosecutor.

By consideration of the questions specified in Items 1), 2), 5) and 6) part one, Items 2) and 3) to part two of article 55 of this Code, carrying out judicial session is obligatory.

According to the petition of the party of protection, the representative of the judicial session which was injured appointment for consideration of the question specified in Item 1) to part two of article 55 of this Code it is obligatory in case of need hearings by the investigative judge of persons, actions (failure to act) which solution are appealed by the party of protection, the victim's representative, except for the complaints made repeatedly on the same question, which are not containing new arguments.

In case of purpose of judicial session the party of protection, the representative of the victim and the prosecutor are beforehand informed on its time and the place.

According to the order of the investigative judge judicial session can be held in the video conference mode. During judicial session the protocol is taken.

3. The investigative judge has the right:

1) to demand from the body performing pre-judicial production, the additional information on case in point;

2) to get acquainted with all materials of the corresponding pre-judicial production and to research them;

3) to call participants of process in judicial session and to obtain from them necessary information on criminal case.

4. The investigative judge shall not determine questions which according to this Code can be cognizance item in case of permission of case on being, instruct in the direction of investigation and carrying out investigative actions, except as specified, stipulated in Item 7) parts two of article 55 of this Code, to make actions and to make decisions instead of persons performing pre-judicial production, and the supervising prosecutor and also the court considering the merits of the case.

5. In case of the statement of the suspect for application to it of tortures and other illegal actions or availability of traces of use of violence on it the investigative judge shall charge supervising to the prosecutor to perform immediate check of the specified facts.

6. In case of establishment of the facts of illegal restriction or other violations of the human rights and freedoms protected by the law of interests of the organizations the investigative judge issues the private decree for the solution of question of responsibility of persons which allowed violations of the law.

Article 57. The chairman on case

1. By consideration of criminal case as a part of board of judges the chairman of justices, the chairman of board of court or one of judges authorized on it in the procedure provided by the law preside.

The judge considering case solely is considered chairman.

2. The chairman directs the court session course, takes all measures to ensuring fair treatment of criminal case and observance of other requirements of this Code, and also proper conduct of all persons which are present at court session.

3. Orders of the chairman in judicial session are obligatory for all participants of process and other persons who are present at court room.

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

Article 58. Prosecutor

1. The prosecutor - the official exercising within the competence supervision of legality of operational search activities, inquiry, the investigation and judgments, criminal prosecution at all stages of criminal procedure, and also power according to article 83 of the Constitution of the Republic of Kazakhstan and with this Code: The Attorney-General of the Republic of Kazakhstan, the first deputy, deputy attorneys general of the Republic of Kazakhstan, their senior assistants and assistants, Main military and Main transport prosecutors of the Republic of Kazakhstan, prosecutors of areas, cities of republican value, the capital and their deputies, chiefs of structural divisions, their deputies, senior assistants and assistants, the senior prosecutors and prosecutors of managements and departments, prosecutors of areas, cities and the prosecutors equated to them, their deputies, the senior prosecutors and prosecutors acting within the powers established by this Code. The prosecutor participating in consideration of criminal case by court represents the interests of the state by maintenance of accusation and is the state prosecutor.

2. The prosecutor has the right to show to the suspect, the person accused, the defendant or person who bears property responsibility for their actions, the claim in protection of interests:

1) the victim not capable to independently use the right to presentation and defending the claim, owing to the helpless condition, dependence on the suspect, the person accused, the defendant or for other reasons;

2) states.

3. In the presence of the bases and according to the procedure, provided by this Code, the prosecutor has the right to accept the resolution cases to the production and to personally make investigation, using at the same time powers of the investigator. Supervision of legality of pre-judicial investigation is exercised by the prosecutor authorized on that.

4. Powers of the prosecutor in case of pre-judicial investigation and consideration of the case by court are determined by Articles 186 (parts two and third), 187 (part eight), 190 (part seven), 192, 193, 194 (part three), 195 (part five), 196 (part two), 234 (parts two, the third and fourth), 290, 301, 302, 303, 304 and 305, 321 (part six), 337, 414 (part two), 428 (part six), 429 (part seven), 478 (part five), 480 (part six), 484, of 486, 494 (part five), 502 (part one), 518 (part five), Chapters 57, of 58, of 59, of 60, of 61, of 62, of 63, Articles 628 (part one), 643 (part eight), 668 (part six), and also in other cases established by this Code.

5. When implementing the procedural powers the prosecutor is independent and submits only to the law.

6. The Attorney-General of the Republic of Kazakhstan within the competence adopts regulatory legal acts concerning application of regulations of this Code, including concerning conducting criminal trial in electronic format.

The regulatory legal acts adopted by the Attorney-General of the Republic of Kazakhstan within the competence are obligatory for execution by criminal prosecution authorities.

Regulatory legal acts of the bodies performing pre-judicial investigation are accepted within their competence in coordination with the Attorney-General of the Republic of Kazakhstan.

Article 59. Chief of investigative department

1. The chief of investigative department - the chief of investigative division of the body performing pre-judicial investigation and his deputies acting within the competence.

2. The chief of investigative department is authorized:

1) to charge production of the investigation or the accelerated pre-judicial investigation to the investigator;

2) to exercise control of timeliness of accomplishment of investigative actions by the investigator for the cases which are in its production, observance by the investigator of terms of investigation and detention, execution of instructions of the prosecutor, orders of other investigators;

3) to charge investigation production to several investigators;

4) to discharge the investigator of proceeedings;

5) to study criminal cases and to instruct on them;

6) within the competence to withdraw criminal case from one investigative division of the body subordinated to it performing pretrial investigation and to transfer to other investigative division of this or other subordinate to it the body performing pretrial investigation;

To send 7) to the prosecutor criminal cases with the indictment, and also the criminal cases ended according to the procedure of mandative production;

8) to address the prosecutor with the petition for cancellation of the unreasoned proceeding decision of the investigator;

8-1) to address the prosecutor about bringing of the petition on the resolution of the investigative judge;

To give 9) within the competence obligatory for execution of the order and specifying to bodies of inquiry;

10) to consider claims to actions (failure to act) and decisions of the investigator.

3. The chief of investigative department has the right to accept the resolution cases to the production and to personally make investigation, using at the same time powers of the investigator.

4. Instructions of the chief of investigative department of case cannot limit independence of the investigator, its right, stipulated in Clause the 60th of this Code. Instructions are obligatory for execution, but can be appealed to the higher chief of investigative department or the prosecutor. Appeal by the investigator of actions of the chief of investigative department does not stop their execution, except for instructions about qualification of act of the suspect and amount of suspicion, the direction of case with the indictment to the prosecutor or the termination of criminal case.

Article 60. Investigator

1. The investigator - the official, authorized to perform pre-judicial investigation on criminal case within the competence: the investigator of law-enforcement bodies, the investigator of bodies of homeland security, the investigator of anti-corruption service and the investigator of service of economic investigations, and also the prosecutor in the cases provided by this Code.

2. The investigator has the right to accept the resolution case to the production, to perform on it pretrial investigation and to perform all investigative operations provided by this Code.

3. The investigator shall take all measures to comprehensive, complete and objective investigation of the facts of the case, perform criminal prosecution of person concerning which the sufficient evidences specifying making of criminal offense by it by qualification of act of the suspect, election to it according to this Code of measure of restraint, creation of the indictment with statement of circumstances of criminal offense, the description of collected proofs are collected.

In the cases provided by this Code the investigator notifies the prosecutor on establishment of the circumstances allowing to sign the procedural agreement. In the presence of the bases provided by this Code the investigator applies mandative production.

4. For the purpose of ensuring execution of sentence regarding the civil action, other property penalties or possible confiscation of property the investigator shall take measures to establishment of property of the suspect or persons bearing liability for its actions under the law.

5. In case of production of investigation on criminal cases the investigator shall take measures also to establishment of the property got in the criminal way or acquired on the money earned in the criminal way, transferred to the possession of other persons.

6. The investigator has the right to accept at any time the resolution case to production and to start its investigation, without waiting for accomplishment of inquiry of urgent investigative actions by bodies.

7. The investigator makes all decisions in case of production of pre-judicial investigation independently, except as specified, when the law provides receipt of consent of the prosecutor, sanctions of court or the judgment, and bears complete responsibility for their legal and timely execution. Illegal intervention in activities of the investigator attracts criminal liability.

The decree on criminal case issued by the investigator within the powers, and also orders and instructions during pre-judicial investigation for criminal case are subject to obligatory execution by all organizations, officials and citizens.

8. In case of the investigator's disagreement with proceeding decisions, actions (failure to act) of the prosecutor on the investigated case he has the right to appeal them to the higher prosecutor.

Appeal of proceeding decisions, actions (failure to act) of the prosecutor to the higher prosecutor does not stop their execution.

9. On the cases investigated by it the investigator has the right to get acquainted with the materials of cases of operational accounting and secret investigative actions of bodies of inquiry relating to the investigated case, to request them for familiarizing in the procedure established by this Code with this case, to give to bodies of inquiry obligatory for execution of the order and specifying about production of search, investigative and secret investigative actions and to demand from them assistance in production of investigative actions.

Article 61. Body of inquiry

1. Depending on nature of criminal offense are assigned to bodies of inquiry:

1) acceptance according to the competence of necessary criminal procedure and search actions established by the law for the purpose of detection of signs of the criminal offenses and persons which made them, the prevention and suppression of criminal offenses;

2) accomplishment of criminal procedure and search actions according to the procedure, stipulated in Article the 196th of this Code, on cases on which preliminary investigation is conducted;

3) inquiry on cases on which production of pretrial investigation is not obligatory, according to the procedure, stipulated in Article 191 of this Code;

4) implementation of the accelerated pre-judicial investigation, stipulated in Clause 190th of this Code;

5) implementation of pre-judicial investigation in protocol form on criminal offenses;

6) production of pretrial investigation in the cases provided by parts three and the fifth article 189 of this Code.

2. Bodies of inquiry are:

1) law-enforcement bodies;

2) bodies of homeland security;

3) anti-corruption service;

3-1) service of economic investigations;

4)  No. 248-V ZRK is excluded according to the Law of the Republic of Kazakhstan of 07.11.2014

5) bodies of military police - on cases on all criminal offenses made by the military personnel undergoing military military service or to the contract in Armed Forces of the Republic of Kazakhstan, other troops and military forming of the Republic of Kazakhstan, the citizens staying in inventory during passing of military charges by them, faces of civil personnel of military units, connections, organizations in connection with execution of service duties by them or in arrangement of these parts, connections and organizations;

bodies of military police of Committee of homeland security - also on cases on all criminal offenses made by military personnel and the staff of special state bodies;

6) bodies of the border service - on cases on violation of the law on Frontier of the Republic of Kazakhstan, and also the criminal offenses made on the continental shelf of the Republic of Kazakhstan;

7) commanders of military units, connections, chiefs of military organizations and garrisons, in case of absence of body of military police, - on cases on all criminal offenses made by the military personnel subordinated to them undergoing military military service or to the contract in Armed Forces of the Republic of Kazakhstan, other troops and military forming of the Republic of Kazakhstan and also the citizens staying in inventory during passing of military charges by them on cases on the criminal offenses made by faces of civil personnel of military units, connections, organizations in connection with execution of the service duties by them or in arrangement of these parts, connections and organizations;

8) heads of diplomatic representations, consular establishments and authorized representations of the Republic of Kazakhstan - on cases on the criminal offenses made by their workers in adoptive state;

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