of September 19, 2014 No. 89
About approval of Regulations of Admission and registration of a statement, the message or the official report about criminal offenses, and also maintaining the Unified register of pre-judicial investigations
According to part 3 of Article 180 of the Code of penal procedure of the Republic of Kazakhstan of July 4, 2014 I ORDER:
1. Approve the enclosed Regulations of Admission and registrations of a statement, the message or the official report on criminal offenses, and also maintaining the Unified register of pre-judicial investigations.
1) the order of the Attorney-General of the Republic of Kazakhstan of September 12, 2011 No. 83 "About approval of the Instruction about acceptance, registration, accounting, including, in electronic format, and consideration of the applications, messages, claims and other information on crimes, incidents" (registered in the register of state registration of regulatory legal acts for No. 7293, No. 171 published in the Yuridicheskaya Gazeta newspaper of November 22, 2011 (2161) and of November 23, 2011 No. 172 (2162));
2) the order of the Attorney-General of the Republic of Kazakhstan of August 7, 2014 No. 80 "About approval of the Instruction for conducting single card accounting, including in electronic format of statements, messages, claims and other information on crimes, incidents, criminal cases, results of their investigation (registered in the register of state registration of regulatory legal acts for No. 9730, published in information system of law of regulatory legal acts of Ad_let on September 19, 2014).
3. To committee on legal statistics and special accounting of the Prosecutor General's Office of the Republic of Kazakhstan (further - Committee):
1) to provide state registration of this order in the Ministry of Justice of the Republic of Kazakhstan and its official publication;
2) to send this order to the interested subjects of legal statistics and special accounting, and also territorial authorities of Committee for execution.
4. To impose control of execution of this order on the Chairman of Committee.
5. This order becomes effective since January 1, 2015.
Attorney-General of the Republic of Kazakhstan
A. Daulbayev
Approved by the Order of the Attorney-General of the Republic of Kazakhstan of September 19, 2014 No. 89
1. These rules determine procedure for acceptance and registration of a statement, the message or official report on criminal offenses, and also maintaining the Unified register of pre-judicial investigations.
2. In these rules the following concepts are used:
1) the book of accounting of information (further - KUI) – the automated database in which information on criminal offense is entered, including the reasons for the beginning of pre-judicial investigation listed in part one of Article 180 of the Code of penal procedure of the Republic of Kazakhstan (further – the Code of Criminal Procedure of RK);
2) the protected data carrier is device for safe storage of key information and biometric data for access to the Unified register of pre-judicial investigations;
3) the biometric reader - the specialized peripheral device for authentication of the user of system in biometric parameters of fingerprint;
4) the covered criminal offense is criminal offense or crime on which, despite availability of reasons for the beginning of pre-judicial investigation, the stipulated in Article 180 Codes of Criminal Procedure of RK, measures to its registration in the Unified register of pre-judicial investigations are not taken;
5) the anonymous message – the message according to which it is impossible to establish authorship and (or) there are no signature, including the digital signature, the postal address of the applicant;
6) the repeated statement and the message – the statement and the message on the same criminal offense more than once;
7) the signature tablet - the specialized peripheral device consisting of the graphical tablet and the writing feather (stylus), allowing to create digital analog of the hand-written signature of its owner;
8) authorized person – the employee of control room of criminal prosecution authority, and also the official responsible for acceptance and accounting of information on criminal offenses;
9) information on criminal offense – information according to which it is necessary to make the decision on possibility of the beginning of pre-judicial investigation, including messages of unidentified person, and also reasons for the beginning of pre-judicial investigation listed in parts one of article 180 Code of Criminal Procedure RK, the statement and the message specified in part five of article 181 Code of Criminal Procedure RK;
10) accounting of information on criminal offense – fixing in KUI of information on criminal offense, including the occasions specified in the subitem 15) of this Item in the K-1 form "Accounting in KUI" (further – the K-1) form, according to appendix 1 to these rules, and also data on results of its permission according to Items 12 and 14 of these rules in the K-2 form "The decision on KUI" (further – the K-2) form, according to appendix 2 to these rules;
11) reception of an application, messages and information on criminal offense – obligatory acceptance of the occasions listed in part one of article 180 Code of Criminal Procedure RK, and also other information on criminal offenses by officials of criminal prosecution authorities;
12) registration of a statement, messages or the official report about criminal offense - registration in the Unified register of pre-judicial investigations of the occasions specified in the subitem 15) of this Item;
13) the user of the Unified register of pre-judicial investigations (further - the user) - the official who within the competence uses the Unified register of pre-judicial investigations for accomplishment of specific functions;
14) the Unified register of pre-judicial investigations (further - ERDR) - the automated database in which data on the reasons for the beginning of pre-judicial investigation listed in part one of article 180 Code of Criminal Procedure RK proceeding decisions made on them, the made actions, movement of criminal proceedings, applicants and participants of criminal procedure are entered and also is performed conducting criminal trial in electronic format at stage of pre-judicial investigation;
15) reasons for the beginning of pre-judicial investigation – the statement, surrender, the message, the official report for criminal offense listed in the parts one of article 180 Code of Criminal Procedure RK which are drawn up according to requirements of articles 181-184 Codes of Criminal Procedure RK;
16) person which lost communication with relatives – the person which owing to the different reasons is not maintaining any relations with relatives and not reporting data on the location concerning which the statement for search arrived;
17) authorized body – Committee on legal statistics and special accounting of the Prosecutor General's Office of the Republic of Kazakhstan, its territorial and equated to them bodies;
18) person, missing (the disappeared person is unknown) – person which disappeared suddenly without any reasons to that which location is unknown and concerning it arrived the statement, the message or the official report for his search;
19) the digital signature (further - the EDS) – set of electronic digital symbols created by means of the digital signature and confirming reliability of the electronic document, its accessory and invariance of content;
20) the electronic information accounting document (form) – the carrier of legal statistical information based on which data of the state legal statistics and special accounting are created;
21) the SMS notification - the functionality of ERDR allowing through mobile communication and (or) e-mail to send text messages to participants of criminal procedure for their notification or appearance to person conducting criminal procedure;
22) the public sector – the functionality of ERDR allowing the participant of criminal procedure by means of the Internet with observance of requirements of information security and confidentiality to get remote access to the available and other data to ERDR on the made proceeding decisions, the criminal case file concerning itself or about the face protected by it, to make complaints and petitions;
23) the report on completion of pre-judicial investigation are the short conclusions of person performing pre-judicial investigation based on collected actual data about completion of pre-judicial investigation, about the direction of case to the prosecutor for creation of the indictment and the direction of case in court.
3. No. 99 is excluded according to the Order of the Attorney-General of the Republic of Kazakhstan of 10.08.2015
4. Differentiation of powers between employees and divisions of criminal prosecution authorities and the organization of their activities for acceptance and registration of statements and messages on criminal offenses, and also to maintaining ERDR are determined by legal acts of heads of law enforcement and special bodies.
5. Officials of criminal prosecution authorities accept information on any criminal offense. Acceptance is performed by control rooms round the clock.
The officials having access to ERDR after acceptance of information on criminal offense make its fixing in KUI.
In the absence of access to ERDR the official who accepted information on criminal offense notifies with use of means of communication authorized person who based on the received notification makes fixing in KUI about what constitutes the official report in form according to appendix 3-1 to these rules.
The data received during operational search activities after their check according to the Law of the Republic of Kazakhstan of September 15, 1994 "About operational search activities", including using special operational search events, in case of establishment of signs of criminal offense, are subject to registration in ERDR according to the official report of the official according to requirements of Item 2) of part 1 of article 184 Code of Criminal Procedure.
Anonymous addresses, including messages of unknown persons which arrived on communication channels are fixed in KUI and data on criminal offense containing in it can be registered in ERDR only in case of their confirmation according to the official report of the official according to requirements of Item 2) of part 1 of article 184 Code of Criminal Procedure.
The administrative offenses and minor offenses revealed by criminal prosecution authorities are not subject to fixing in KUI.
5-1. No. 99 is excluded according to the Order of the Attorney-General of the Republic of Kazakhstan of 10.08.2015
5-2. No. 99 is excluded according to the Order of the Attorney-General of the Republic of Kazakhstan of 10.08.2015
6. To the applicant who directly filed in criminal prosecution authority petition, the message on criminal offense, authorized person issues the coupon notification in form according to appendix 4 to these rules containing unique number. The coupon can be also issued to the applicant by operational-investigations group, the local police inspector.
7. The coupon notification consists of two parts:
root of the coupon notification which remains in criminal prosecution authority;
the detachable coupon notification which is issued to the applicant.
Originals of roots of coupons notifications are documents of the strict reporting, are stored within 3 years in criminal prosecution authorities.
On the back of the detachable coupon notification the address of the www.qamqor.gov.kz Internet resource, phone numbers are specified: 8 800-080-7777 (from stationary), 1414 (from mobile) on which the applicant can obtain the relevant information and phone of the criminal prosecution authority which adopted the statement.
7-1. By person conducting criminal procedure in paper or electronic format in need of the notice (notification) of participants of criminal procedure (the suspect, the person accused, their legal representatives, the defender, the civil defendant, the victim, the private prosecutor, the civil claimant, their legal representatives and representatives) the possibility of the SMS notifications module in ERDR through single number 1414 can be used.
Functionality "Send the SMS agenda" becomes more active in case of the choice of the specific participant of criminal procedure.
In the absence of phone number electronically of the participant of criminal procedure the functionality "The agenda about challenge" on departure of the SMS agenda on the mobile phone and (or) e-mail of the participant of criminal procedure with filling of obligatory fields is used.
8. The head of body of prosecutor's office, the responsible chief of investigative department or body of inquiry, according to the competence established by the Code of Criminal Procedure of RK, and also the authorized official provide immediate transfer to investigators, investigators, prosecutors, and also other officials of information on criminal offense for execution of requirements of Items 12-15 of these rules and implementation of pre-judicial investigation.
Information on criminal offense fixed in KUI is subject to consideration within 24 hours with decision making provided by these rules.
The statement for search of person which lost communication with relatives fixed in KUI is not subject to registration in ERDR.
9. Statements for the made, preparing criminal offense in case of the direct address (corporal appearance) of the applicant are accepted in form, according to appendix 5 to these rules, amendment to the statement - in form, according to appendix 6 to these rules.
Adoption of the oral statement is drawn up by the protocol on adoption of the oral statement on the made or preparing criminal offense, in form according to appendix 7 to these rules.
This requirement does not extend to the statements, messages which arrived by means of telecommunication and electronic means of communication and also mail service and by means of boxes for addresses.
In the specified cases filling of the statement on approximate samples is made on arrival of the employee of criminal prosecution authority directly to the applicant, and in the cases which are not suffering delay - after carrying out urgent investigative actions.
10. Surrenders are accepted on approximate sample according to appendix 5 to these rules.
11. In case of receipt of data on criminal offense, including, from mass media, the staff of criminal prosecution authorities constitutes the official report in form according to appendix 8 to these rules.
12. The reasons for the beginning of pre-judicial investigation specified in Items 9, of 10, of 11 these rules are subject to registration in ERDR by investigators, investigators, prosecutors, authorized person, and also officials of criminal prosecution authorities to whom according to their competence pre-judicial investigation on this fact is entrusted.
Are not subject to registration in ERDR of the statement and message:
In which 1) there are no data on violations of the current legislation, on damage, essential harm or the illegal income, the confirmed acts of checks, audits, audit and others when their availability is obligatory sign of criminal offense;
2) about the violations based on non-execution or improper execution of civil transactions, committed in writing and not recognized as court invalid, imaginary or feigned.
This requirement does not extend to cases of submission of mass, numerous petitions about unfair execution of contractual commitments (shared-equity construction, financial "pyramids" and others);
On which 3) there is tax or civil dispute considered in compliance by the current legislation of the Republic of Kazakhstan;
4) about violations in the field of the tax legislation without appendix of the act of tax audit, the conclusion (reference) of the specialist or the data, the conclusion, the reference of bodies of Tax Service which conclusions contain the sufficient data specifying availability of signs of criminal offense and also in cases:
pre-judicial and judicial appeal before decision of higher body in cases of pre-judicial appeal and judgment in case of judicial appeal;
complete repayment by the taxpayer (tax agent) of the amounts of taxes and (or) other obligatory payments of the budget, and also penalty fee added by results of tax audit, by results of the made decision higher body in case of pre-judicial appeal or the judgments - in case of judicial appeal, except as specified, when charges are made according to dummy transactions, that is transactions without the actual performance of works, rendering services, shipment of goods, or non-presentation of the declaration when submission of the declaration is obligatory, or entering into the declaration of obviously distorted data on the income and (or) expenses, by concealment of other taxation objects and (or) other obligatory payments.
13. In case of receipt of information on criminal offense, except for the occasions specified in Items 9-11 of these rules, the investigators, investigators and prosecutors authorized by persons, and also other officials to whom consideration of this information is entrusted, without delay, but no later than 24 hours, adoption of the statement, message on criminal offense with observance of requirements of Items 9, of 10 these rules and their registration in ERDR according to Item 12 of these rules is provided.
13-1. In case of establishment after fixing of information on criminal offense to KUI of the similar information on criminal offense which is earlier fixed in KUI it is given to the official or to body for familiarizing with initially registered.
If according to the similar information on criminal offense fixed in KUI pre-judicial investigation is begun, she without registration in ERDR joins materials of pre-judicial investigation.
13-2. According to the statements, messages or official reports for criminal offenses transferred on territoriality (jurisdiction) the K-2 form with investment of the copies of the applications, messages, official reports and documents enclosed to these applications, messages, official reports, except for requiring ensuring confidentiality is filled.
The term of consideration is estimated from the moment of intake of material in IS ERDR, without repeated registration in KUI, with filling of the K-2 form.
About acceptance of the material transferred on territoriality (jurisdiction) by authorized person without delay data are entered.
On the material accepted on territoriality (jurisdiction) one of the decisions provided by Items 13 and 14 of these rules is accepted.
14. If information on criminal offense fixed in KUI does not fall under the occasions listed regarding 1 article 180 Code of Criminal Procedure RK, in time, provided by part two of Item 8 of these rules, one of the following decisions is accepted:
1) based on the official report of the official, with the consent of the head of criminal prosecution authority or his deputy it is left without consideration and it is stored in nomenclature case (job specification) together with supporting documents;
2) in the cases specified in part five of article 181 Code of Criminal Procedure RK goes to the relevant authorized state body or to the official.
Information on criminal offense is subject to the direction in authorized body for carrying out audits and checks if before registration in ERDR availability of signs of criminal offense cannot be established in other way (for example, information on failure to pay taxes which is not confirmed with the act of tax audit).
The materials of checks and audits which are carried out according to the statements and messages which are earlier directed according to the procedure of part five of article 181 Code of Criminal Procedure RK repeatedly are fixed by the official of criminal prosecution authority within 24 hours from the moment of its receipt in KUI, with filling of the K-1 form.
On the material accepted after carrying out audit or check one of the decisions provided by Items 13 and 14 of these rules is accepted, at the same time the term of consideration is estimated from the moment of repeated registration in KUI;
3) in the presence of other bases goes to authorized body (official) which competence includes consideration of questions of administrative prosecution;
4) about the direction on territoriality or jurisdiction if consideration of information is within the competence of other criminal prosecution authority;
5) about familiarizing with KUI or ERDR;
6) in the presence of other bases goes to authorized body (official) which competence includes consideration of questions of attraction to disciplinary responsibility;
7) the statement of the legal entity concerning other legal entity based on the conclusion of transactions of civil nature without application of documents and materials confirming its arguments is subject to return without registration to ERDR, for reduction in compliance with requirements of part 3 of article 181 Code of Criminal Procedure.
About the made decision the author of the written address is given the written answer.
14-1. The statement which arrived in criminal prosecution authority and fixed in KUI, the message containing data according to which criminal prosecution is performed in private procedure is subject to the direction in the relevant court on cognizance without registration in ERDR, with appendix of the available materials.
If the victim refused submission of the claim about involvement of person to criminal liability, owing to provisions of part three of article 179 Code of Criminal Procedure, the official makes the decision provided by the subitem 1) of Item 14 of these rules.
14-2. According to part 6 of article 179 Code of Criminal Procedure RK production of urgent investigative actions according to the statement, the message containing data according to which criminal prosecution is performed in private procedure and also according to the statement, the message containing data on signs of administrative offense does not interfere with their direction on cognizance or in the relevant authorized state body or to the official, and also decision making, Item 14 of these rules provided by the subitem 1).
14-3. On the facts of biological death because of perinatal outcome, incurable disease or achievement of old age provided that circumstances of its approach were obvious and have no criminal character, the decision provided by the subitem 1 of Item 14 of these rules can be made.
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