ORDER OF THE ATTORNEY-GENERAL OF THE REPUBLIC OF KAZAKHSTAN

of September 22, 2014 No. 91

About approval of Rules of application of scientific and technical means of fixing of the course and results of investigative actions

According to part 6 of Article 197 of the Code of penal procedure of the Republic of Kazakhstan of July 4, 2014, being guided by subitem 4-1) of article 11 of the Law of the Republic of Kazakhstan of December 21, 1995 "About Prosecutor's office", I ORDER:

1. Approve the enclosed Rules of application of scientific and technical means of fixing of the course and results of investigative actions.

2. Declare invalid the order of the Attorney-General of the Republic of Kazakhstan of May 31, 2012 No. 68 "About approval of the Instruction about use of technical means of fixing of the course and results of investigative actions" (registered in the Register of state registration of regulatory legal acts for No. 7738, published in the Collection of acts of the central executive and other central state bodies of the Republic of Kazakhstan of August 27, 2012 for No. 11).

3. To the head of the department of supervision of legality of pre-judicial stage of criminal procedure of the Prosecutor General's Office of the Republic of Kazakhstan to take measures to state registration of this order in the Ministry of Justice of the Republic of Kazakhstan.

4. To inform chiefs and the staff of structural divisions, departments and organizations of the Prosecutor General's Office of this order, to send to prosecutors of areas and prosecutors equated to them.

5. To impose control of execution of the order on the supervising deputy attorney general of the Republic of Kazakhstan.

6. This order is subject to official publication and becomes effective since January 1, 2015.

Approved by the Order of the Attorney-General of the Republic of Kazakhstan of September 22, 2014 No. 91

Rules of application of scientific and technical means of fixing of the course and results of investigative actions

1. General provisions

1. These rules of application of scientific and technical means of fixing of the course and results of investigative actions (further - Rules) are determined by procedure for application of scientific and technical means of fixing of the course and results of the investigative actions used by criminal prosecution authorities when carrying out investigative actions in the course of pre-judicial investigation.

2. In these rules the following concepts are applied:

1) the data carrier - the material object containing (bearing) information capable long time to save information brought on it in the structure;

2) scientific and technical means of fixing of the course and results of investigative actions - the devices, special devices, materials legally applied to detection, fixing, withdrawal and research of the proof.

3. Application of scientific and technical means of fixing of the course and results of investigative actions in the course of pre-judicial investigation is performed according to requirements of the Code of penal procedure of the Republic of Kazakhstan of July 4, 2014 (further - the Code of Criminal Procedure) and these rules.

In the territory of the Republic of Kazakhstan application of other procedure for application of scientific and technical means of fixing of the course and results of investigative actions is allowed if it is provided by the international treaty ratified by the Republic of Kazakhstan.

4. Scientific and technical means of fixing of the course and results of investigative actions are without fail applied in the cases which are directly specified in the Code of Criminal Procedure. In other cases they are applied at the discretion of the investigator, the investigator, the prosecutor or according to the petition of participants of criminal procedure, according to requirements of the Code of Criminal Procedure.

In case of lack of scientific and technical means or impossibility of their application when carrying out investigative actions witnesses are attracted.

Application of scientific and technical means of fixing of the course and results of the investigative actions connected with use of the data constituting the state secrets is performed according to requirements of the legislation on the state secrets of the Republic of Kazakhstan.

2. Procedure for application of scientific and technical means of fixing of the course and results of investigative actions

5. Scientific and technical means of fixing of the course and results of investigative actions are applied according to articles 126 and 199 Codes of Criminal Procedure.

6. Application of scientific and technical means of fixing of the course and results of investigative actions according to part 5 of article 199 Code of Criminal Procedure is noted in the protocol of investigative action in which are also specified:

1) type and model of scientific and technical means of fixing of the course and results of investigative actions and data carrier;

2) fixing time on scientific and technical means: beginning and end of record;

3) data on viewing (listening) of audio-video of record of investigative action by participants, notes and petitions declared after viewing;

4) data on transfer of video audio material from one carrier on another.

7. Record on scientific and technical means of fixing of the course and results of investigative actions is followed by comments of person performing investigative actions, in case of inclusion time of the beginning of record, date, the place, position and surname of person performing investigative actions, surnames, positions, procedural provision of persons who are taking part the name of scientific and technical means of fixing of investigative action and the data carrier used at the same time is sounded.

8. Before the end of record on scientific and technical means of fixing of the course and results of investigative actions time of the end of record is reported, the question of availability of petitions, notes and offers from participants of investigative action and if necessary, about the reasons of completion of investigative actions is disclosed.

In case of interruption of record for technical or other reasons and repeated inclusion it is reported about the reasons of interruption and time of repeated inclusion of record.

9. The data carrier after the end of investigative action is transferred to person responsible for implementation of investigative action.

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