ORDER OF THE ATTORNEY-GENERAL OF THE REPUBLIC OF KAZAKHSTAN

of August 10, 2015 No. 99

About modification and amendments in the order of the Attorney-General of the Republic of Kazakhstan of September 19, 2014 No. 89 "About approval of Regulations of Admission and registration of statements and messages on criminal offenses, and also maintaining the Unified register of pre-judicial investigations"

For the purpose of enhancement of procedure for acceptance and registration of messages and statements for criminal offenses, and also maintaining the Unified register of pre-judicial investigations, 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. Bring in the order of the Attorney-General of the Republic of Kazakhstan of September 19, 2014 No. 89 "About approval of Regulations of Admission and registration of statements and messages on criminal offenses, and also maintaining the Unified register of pre-judicial investigations" (registered in the Register of state registration of regulatory legal acts for No. 9744, published on October 21, 2014 in the Information system of law of Ad_let) the following changes and amendment:

in Regulations of Admission and registration of statements and messages on criminal offenses, and also maintaining the Unified register of the pre-judicial investigations approved by the specified order:

state Item 2 in the following edition:

"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 repeated statement and the message – the address on the same criminal offense more than once;

3) 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 5 of article 181 Code of Criminal Procedure RK;

4) accounting of information on criminal offense – fixing in KUI of information on criminal offense, including the occasions specified in the subitem 8) 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;

5) 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, and also other information on criminal offenses by officials of criminal prosecution authorities;

6) 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;

7) registration of a statement, messages on criminal offense – registration in ERDR of the occasions specified in the subitem 8) of this Item;

8) 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 which are drawn up according to requirements of articles 181-184 Codes of Criminal Procedure;

9) 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;

10) authorized body – Committee on legal statistics and special accounting of the Prosecutor General's Office of the Republic of Kazakhstan and its territorial authorities;

11) 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;

12) 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;

13) 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 on his search;

14) 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;

15) the anonymous address – the address according to which it is impossible to establish authorship there are signature, including, no digital signature, the postal address of the applicant;

16) 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 ERDR are not taken.";

exclude Item 3;

and 5 to state items 4 in the following edition:

"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.";

exclude Items 5-1, 5-2;

8, 9 to state Items in the following edition:

"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.";

12, of 13, 13-1, 14, 14-1, 14-2 to state Items in the following edition:

"12. The reasons for the beginning of pre-judicial investigation specified in Items 9-11 of these rules are subject to immediate 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.

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.

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 5 of article 181 Code of Criminal Procedure RK goes to the relevant authorized state body or to the official, in case of material return according to such information, they are repeatedly fixed in KUI with decision making;

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).";

state Item 16 in the following edition:

"16. In case of lack of possibility of direct fixing of occasion in ERDR the official, according to the powers determined according to the procedure, stipulated in Item 4 these rules, notifies with use of means of communication authorized person who based on the received notice of registration in ERDR constitutes the official report in form, according to appendix 9 to these rules.

On arrival in criminal prosecution authority the official receives the official report about registration of pre-judicial investigation at the authorized person which performed registration of occasion and enters additional data in ERDR according to these rules.";

20, 21 to state Item in the following edition:

"20. Maintaining ERDR consists in filling with the official who made the decision, the corresponding details of electronic information accounting documents - the forms (further – form) on each action and the decision for criminal proceedings signed by the EDS, according to the Law of the Republic of Kazakhstan of January 7, 2003 "About the electronic document and the digital signature", the state bodies transferred to authorized body by means of the Single transport circle.

In case of input of data the complete description of criminal offense and the bases of adoption of the subsequent decision, except as specified, provided by Items 34 and 35 of these rules is made.

21. Registration of information on criminal offense is made by filling of the E-1 form "Registration in ERDR" (further – the E-1) form, according to appendix 11 to these rules after which preserving registration number is automatically assigned to criminal proceedings.";

add with Item 21-1 of the following content:

"21-1. In case of identification of the covered criminal offense, the official takes immediate measures to its registration in ERDR by filling of the E-1, form according to appendix 11 to these rules, with obligatory mark of details 6, 6.1 and 6.2.

If the criminal offense was not fixed in KUI earlier, or revealed by the prosecutor, previously are exposed the K-1, form according to appendix 1 to these rules and the K-2, form according to appendix 2 to these rules.

If the criminal offense was covered by unreasonable decision making, stipulated in Item 14 these rules, adjustment of data in the form of K-2, according to appendix 2 to these rules is made.

Materials of unreasonably written off unregistered criminal offense are withdrawn from nomenclature case.

About withdrawal of materials of the covered criminal offense from nomenclature case, the authorized officer, together with the representative of criminal prosecution authority draw up the statement which one copy is stored in nomenclature case.

In the act data on need of registration of a statement or the message in ERDR, and after registration – number and registration date are reflected.

Is not covered criminal offense on which the pre-judicial investigation in subsequent is terminated on the bases provided by Items 1, of 2, of 5, of 6, 7 and 8 parts 1 of article 35 Code of Criminal Procedure RK, or the court pronounces the verdict of not guilty.";

state Item 30 in the following edition:

"30. Are not subject to accounting as made in public places and on streets:

1) the offenses made on the subjects to public appointment, at the time of making of offense which are not performing the functions;

2) the offenses made on the objects with access control used by groups of workers for work, and the protected car parks;

3) the offenses made in utility rooms, clothes and office offices of the organizations, organizations, trade and pleasure institutions, including, locker rooms of gyms of educational and other institutions;

4) the offenses made in taxi;

5) the offenses made in the territory of the abandoned buildings, regardless of barrier availability in underground communications, on the shell and core site of the area - the waste ground, the coast of the river, except for embankments of streets and the beach, the section of the highway without any infrastructure facilities;

Thefts from apartments and other offenses made in premises of hostels, hotels, rest houses of cars of the passenger trains which are on stages in case of absence of passengers, traveling at deadlocks and parks having defended 6);

7) the offenses made in places public in communal flats, attics, cellars, elevators, except for hooliganisms;

8) the lasting offenses;

9) road and transport offenses.";

state Item 33 in the following edition:

"33. In case of receipt from court of the resolution on the direction of case on competence for the solution of question of conducting pre-judicial investigation in communication by establishment of signs of the criminal offense pursued in public or private and public procedure, the prosecutor registers the arrived materials in ERDR with simultaneous verification of presence of earlier made registration of this fact in ERDR.

In the absence of registration of pre-judicial investigation on the same fact, measures for conducting pre-judicial investigation are taken.

In the presence of registration in ERDR of pre-judicial investigation on the same fact, materials join earlier registered pre-judicial investigation according to Item 17 of these rules.

In the presence of registration in ERDR of pre-judicial investigation on the same fact which is earlier stopped the issue of cancellation of earlier made proceeding decision is resolved.";

state Item 35-1 in the following edition:

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