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ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of November 21, 2014 No. 1218

About approval of Rules of payment of the property harm done to person acquitted on court, the suspect, the person accused, the defendant concerning whom the court order, criminal prosecution authority about the termination of criminal case, as a result of illegal actions of the body conducting criminal procedure is issued

(as amended on 13-04-2018)

According to Article 40 of the Code of penal procedure of the Republic of Kazakhstan of July 4, 2014 the Government of the Republic of Kazakhstan DECIDES:

1. Approve the enclosed Rules of payment of the property harm done to person acquitted on court, the suspect, the person accused, the defendant concerning whom the court order, criminal prosecution authority about the termination of criminal case, as a result of illegal actions of the body conducting criminal procedure is issued.

2. This resolution becomes effective since January 1, 2015 and is subject to official publication.

Prime Minister of the Republic of Kazakhstan

K. Masimov

Approved by the Order of the Government of the Republic of Kazakhstan of November 21, 2014 No. 1218

Rules of payment of the property harm done to person acquitted on court, the suspect, the person accused, the defendant concerning whom the court order, criminal prosecution authority about the termination of criminal case, as a result of illegal actions of the body conducting criminal procedure is issued

1. General provisions

1. These rules of payment of the property harm done to person acquitted on court, the suspect, the person accused, the defendant concerning whom the court order, criminal prosecution authority about the termination of criminal case, as a result of illegal actions of the body conducting criminal procedure is issued (further - Rules) 40 Codes of penal procedure of the Republic of Kazakhstan of July 4, 2014 are developed according to Articles 38, of 39, and determine payment procedure in compensation of the property harm done as a result of illegal actions of the body conducting criminal procedure.

2. In cases of illegal arrest, detention, house arrest, temporary discharge from position, the placement to the special medical organization, condemnation, applications of enforcement powers of medical nature, carrying out secret investigative actions have the right to compensation of property harm:

1) persons acquitted on court, and equally in suspects, persons accused, defendants concerning whom the court order, criminal prosecution authority about the termination of criminal case in the absence of event of criminal offense, behind absence in act of structure of criminal offense, in the absence of the claim of the victim – on cases on the criminal offenses provided by parts two and third Article 32 of the Code of penal procedure of the Republic of Kazakhstan, except as specified, provided by part four of Article 32 of the Code of penal procedure of the Republic of Kazakhstan is issued and also in case of refusal of the private prosecutor of accusation – on cases on the criminal offenses provided by part two of Article 32 of the Code of penal procedure of the Republic of Kazakhstan, except as specified, provided by part four of Article 32 of the Code of penal procedure of the Republic of Kazakhstan or response the head of commercial or other organization or authorized body of the statement for involvement of person to criminal liability 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 legal act which is subject to application on this criminal case on which qualification of act as criminal offense depends is enacted 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 if concerning person there is not repealed resolution of criminal prosecution authority on the termination of criminal prosecution on the same suspicion;

2) persons concerning whom criminal case was subject to the termination in the absence of the claim of the victim, - on cases on the criminal offenses provided by parts two and third Article 32 of the Code of penal procedure of the Republic of Kazakhstan, except as specified, provided by part four of Article 32 of the Code of penal procedure of the Republic of Kazakhstan and also in case of refusal of the private prosecutor of accusation - on cases on the criminal offenses provided by part two of Article 32 of the Code of penal procedure of the Republic of Kazakhstan, except as specified, provided by part four of Article 32 of the Code of penal procedure of the Republic of Kazakhstan or response the head of commercial or other organization or authorized body of the statement for involvement of person to criminal liability if despite the lack of the circumstances provided by part four of Article 32 of the Code of penal procedure of the Republic of Kazakhstan 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 owing to the act of amnesty if it eliminates application of punishment for committed acts behind lapse of time of criminal prosecution, but it 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;

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