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ORDER OF THE ATTORNEY-GENERAL OF THE REPUBLIC OF KAZAKHSTAN

of December 29, 2014 No. 163

About approval of the Instruction on the organization of supervision by the procedural prosecutor

1. Approve the enclosed Instruction on the organization of supervision by the procedural prosecutor.

2. To department on supervision of legality of pre-judicial stage of criminal procedure of the Prosecutor General's Office of the Republic of Kazakhstan to provide state registration of this order in the Ministry of Justice of the Republic of Kazakhstan, its official publication and to send to all law enforcement and special bodies for execution.

3. To impose control of execution of this order on the deputy attorney general of the Republic of Kazakhstan Isaev N. M.

4. 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 December 29, 2014 No. 163

Instruction on the organization of supervision by the procedural prosecutor

1. General provisions

1. This Instruction on the organization of supervision by the procedural prosecutor (further - the Instruction) disaggregates the organization of supervision by the procedural prosecutor for specific criminal case according to Article 193 of the Code of penal procedure of the Republic of Kazakhstan (further - the Code of Criminal Procedure).

2. In bodies of prosecutor's office of function of the procedural prosecutor the Attorney-General of the Republic of Kazakhstan, his first deputy and deputies, senior assistants and assistants, Main military and Main transport prosecutors of the Republic of Kazakhstan, prosecutors of the cities of Astana and Almaty, areas and their deputies, chiefs of departments, managements and departments, 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 the Code of Criminal Procedure perform.

3. The procedural prosecutor performs the powers within the competence according to the Constitution of the Republic of Kazakhstan, international treaties ratified by the Republic of Kazakhstan, Criminal and Criminal procedure codes, normative resolutions of the Constitutional Council and Supreme Court of the Republic of Kazakhstan, other regulatory legal acts of the Republic of Kazakhstan, orders, instructions, instructions of the Attorney-General of the Republic of Kazakhstan (further - the Attorney-General), and also this Instruction.

2. Organization of supervision and power of the procedural prosecutor for criminal case

4. The Attorney-General and his deputies, prosecutors of Astana, Almaty and areas, Main military and Main transport prosecutors *, regions of Astana and Almaty, the city or the area of the regional center, military and transport prosecutor's offices and their deputies, from number of persons employed exercising supervision of legality of pre-judicial stage of the criminal procedure having the right to determine the procedural prosecutor by specific criminal case, according to part 3 of article 193 Code of Criminal Procedure.

* Note: "Prosecutors of Astana, Almaty and areas", "The main military prosecutor", "The chief transport prosecutor", and also "Prosecutor's offices of Astana, Almaty and areas", Main Military Procuracy, "The Main transport Prosecutor's Office" hereinafter are referred to as further "prosecutors of areas" and "prosecutor's offices of areas", respectively.

In case of investigation of the criminal case requiring skills of supervision of legality in certain spheres of public legal relations, the procedural prosecutor can be appointed from number of persons employed of other structural divisions of prosecutor's office.

5. The procedural prosecutor exercises supervision on specific criminal case from the moment of the beginning of pre-judicial investigation, except as specified, provided by Items 8, 30 and 31 this Instruction.

6. Powers of the procedural prosecutor extend to all cases connected to criminal case by which he was determined as the procedural prosecutor.

In case of allocation of criminal case by which the procedural prosecutor was determined the head of prosecutor's office determines other procedural prosecutor by earlier connected criminal cases or charges further supervision to the same procedural prosecutor, otherwise supervision is exercised in general procedure.

7. Implementation of supervision by the procedural prosecutor is made only according to the statements and messages registered in the Unified register of pre-judicial investigations.

8. Being guided by part 3 of article 193 Code of Criminal Procedure, within 24 hours from the moment of receipt in prosecutor's office of the notification on the beginning of pre-judicial investigation the head of prosecutor's office determines the procedural prosecutor about what it issues the decree on determination of the procedural prosecutor according to the form established by appendix 1 to this Instruction which copy without delay goes to criminal prosecution authority, for attaching to the criminal case file.

The head of prosecutor's office determines the procedural prosecutor at any stage of criminal procedure, including during the retraining, transfer of criminal case by competence, and also in cases, stipulated in Item the 16th this Instruction.

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